Kerala HC: Citizenship First, Religion Second in Child Marriage Cases

In a landmark judgment, the Kerala High Court ruled that the Prohibition of Child Marriage Act, 2006 supersedes the Muslim Personal Law (Shariat) Application Act, 1937. Justice P. V. Kunhikrishnan emphasized that every Indian citizen is bound by national laws, regardless of their religion, underscoring the primacy of citizenship over religious identity.

This judgment is significant in a country as diverse as India and reiterates the nation’s commitment to protecting the rights of minors. The case in question involved an child marriage that took place on December 30, 2012, in Vadakkancherry, Palakkad district, conducted according to Islamic rites.

Incident and Accused:

• The case involved an alleged child marriage where the 1st Accused, the father, arranged the marriage of his minor daughter to the 2nd Accused. The 3rd and 4th Accused were the President and Secretary of the Islam Juma Masjid Mahal Committee, and the 5th Accused was a witness to the marriage.
• The petitioners argued that under Islamic law, a Muslim girl has the ‘Khiyar-ul-bulugh‘ or ‘Option of Puberty‘, allowing her to marry upon reaching puberty, typically at 15 years old. They contended that such a marriage is voidable at the girl’s discretion once she attains puberty.

Court’s Observations and Rulings:

• The Court clarified that the Prohibition of Child Marriage Act, 2006 applies to all Indian citizens, irrespective of religion, and has extraterritorial jurisdiction. This means that the Act applies to Indian citizens abroad as well.
• The Court emphasized the duty of Judicial Magistrates to proactively prevent child marriages by taking suo motu action upon receiving reliable information.
• The Court highlighted the role of print and visual media in spreading awareness about the harms of child marriage. It suggested utilizing public service announcements, documentaries, and expert interviews to educate the public.

Disagreement with Prior Judgments:

The Kerala High Court expressed disagreement with earlier judgments from the:

• Patna High Court (Md. Idris v. State of Bihar and Others, 1980)
• Punjab and Haryana High Court (Kammu v. State of Haryana, 2010), and
• Delhi High Court (Tahra Begum v. State Of Delhi & Ors., 2012), which upheld the validity of marriages upon reaching puberty under Muslim law.

Impact of Child Marriage:

• The Court highlighted the severe consequences of child marriage, noting that it infringes on basic human rights, exposes children to health risks, disrupts their education, perpetuates poverty, and increases their vulnerability to domestic violence.
• The judgment emphasized that child marriages often lead to early pregnancy, causing significant health issues for young girls and limiting their economic opportunities.

Moidutty Musliyar v/s Sub Inspector Vadakkencherry Police Station