High court affirms Child Marriage Prohibition Act's supremacy over personal laws

KOCHI: Kerala High Court has ruled that the Child Marriage Prohibition Act (2006) takes precedence over all personal laws. Justice P V Kunjikrishnan stated that the Act applies to all Indian citizens, both inside and outside the country, irrespective of caste or creed. "Citizenship comes first. Religion is behind it," the judge declared.

The ruling came as the court dismissed a plea filed by five individuals from Puthukkod, seeking to cancel the trial proceedings initiated by the Vadakkanchery police at the Alathur Magistrate's Court over a child marriage. The accused included the girl's father, the groom, mahall officials, and a witness. The case stemmed from a December 30, 2012, complaint to the Child Development Officer alleging that the girl was underage at the time of her marriage.

The petitioners argued that under Muslim personal law, a girl is permitted to marry after her period, setting the minimum age at 15. However, the amicus curiae and the government contended that the Child Marriage Prohibition Act supersedes personal laws. The High Court upheld this argument, citing previous Supreme Court judgments.

The court emphasized that the Kerala Prohibition of Child Marriage Act allows anyone to file a complaint against child marriage, reinforcing its stance against international human rights laws. Justice Kunjikrishnan urged media and voluntary organizations to work towards preventing and eliminating child marriage and he encouraged courts to take up such cases proactively if complaints are genuine.

Expressing concern over the prevalence of child marriage in Kerala, a state that boasts 100% literacy, the judge criticized the defendants for attempting to justify their actions with Mohammedan law. He highlighted the numerous adverse effects of child marriage, including violations of children's rights to education and health, exploitation, health issues and psychological problems. The court advocated for allowing girls to pursue higher education, enjoy their youth, and make informed decisions about marriage when they reach adulthood with their parents' blessing.