Allahabad High Court has given an important decision on child marriage. The court has made it clear that no personal law of the country, including Muslim Personal Law (Sharia), can violate the restrictions imposed under the Prohibition of Child Marriage Act, 2006 (PCMA). The court clarified that personal law cannot be above the provisions of the POCSO Act, 2012, which protects children from sexual crimes.
The court said that the minimum legal age of marriage in India is the same for all citizens and child marriage cannot be legalized on the basis of any personal law. Justice J.J. The bench of Justice Munir and Justice Achal Sachdev made this comment while rejecting the writ petition of 19 people seeking cancellation of an FIR registered in Bulandshahr.
‘Marriage of underage girl is a violation of PCMA’
This FIR is related to allegations of assault with police and rescue team of Child Line and obstructing government work. The court said in its order that marrying a girl below 18 years of age is a violation of PCMA and the physical relations established after such marriage will fall under the category of crime under the POCSO Act. Therefore, these laws cannot be avoided by taking recourse to any personal law.
‘No community can get exemption’
The High Court also made it clear that laws like PCMA and POCSO are based on public interest, scientific understanding and national policy, hence no community or individual can be exempted from them. The court also praised the action of the police and Child Line and said that they fulfilled their statutory responsibility to prevent a possible crime.
Court refuses to cancel FIR
Due to prima facie sufficient grounds being found in the FIR for serious crimes including obstruction in government work, the High Court refused to quash the FIR and dismissed the petition. This decision was taken by Justice J.J. The bench of Justice Munir and Justice Achal Sachdev gave this during the hearing of the case Ruby vs. State of Uttar Pradesh. The bench refused to quash the FIR registered against 19 accused, who are accused of attacking the police and Child Line team that had gone to stop the marriage of a 16-year-old minor Muslim girl in Bulandshahr and obstructing government work.
Report Manish/ Allahabad
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