The Allahabad High Court has observed that the provisions of Muslim Personal Law (Sharia) relating to marriage cannot override laws enacted by Parliament to prohibit child marriage and protect children. The court said that the Prohibition of Child Marriage Act, 2006 and the Protection of Children from Sexual Offences (POCSO) Act apply equally to all citizens, regardless of religion.
The observations came while hearing a petition challenging police action that stopped the marriage of a 16-year-old Muslim girl in Uttar Pradesh’s Bulandshahr district.
Court Says Child Marriage Laws Apply to Everyone
The case was heard by a division bench of Justices J.J. Munir and Achal Sachdev after the police and a Childline rescue team intervened to stop the marriage of the minor girl. Following the incident, an FIR was registered after officials allegedly faced resistance while carrying out their duties.
The petitioners approached the High Court, arguing that under Muslim Personal Law, a girl can marry after attaining puberty or majority. They contended that no criminal case should have been registered against them.
However, the High Court rejected the argument, stating that personal or religious laws cannot dilute statutory protections meant for children.
“The laws prohibiting child marriage apply equally to all citizens of the country, irrespective of their religion,” the court observed.
Parliament’s Laws Cannot Be Overridden by Personal Law
The High Court said that Parliament enacted child protection laws to safeguard children’s physical and mental well-being, public health, and social welfare. It noted that no personal or religious law can weaken or nullify these legal safeguards.
The bench further observed that permitting the marriage of a girl below 18 years could lead to a marital relationship that may violate the provisions of the POCSO Act.
According to the court, the legal age for marriage and child protection laws are based on scientific understanding of children’s development and constitutional rights, and therefore apply uniformly across all communities.
High Court Refuses Relief
Refusing to grant relief to the petitioners, the court reiterated that no community is exempt from the provisions of the Prohibition of Child Marriage Act. It also referred to earlier judicial decisions holding that religious customs and personal laws cannot prevail over statutory restrictions aimed at preventing child marriage.
The matter arose after police and Childline officials stopped the proposed marriage of the 16-year-old girl in Bulandshahr. Authorities later registered an FIR alleging that officials were obstructed while carrying out the rescue operation.
