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HC UPHOLDS UNIFORM LEGAL MARRIAGE AGE FOR ALL RELIGIONS

HC UPHOLDS UNIFORM LEGAL MARRIAGE AGE FOR ALL RELIGIONS

Why in the News?

  • Allahabad HC Judgment: The Allahabad High Court held that the Prohibition of Child Marriage Act (PCMA), 2006 prescribes the minimum legal age of marriage for all citizens irrespective of religion.
  • Significance: The Court ruled that Muslim personal law recognising puberty as the age of marriage cannot override the provisions of a Central statute, reinforcing child protection laws.

KEY HIGHLIGHTS OF THE JUDGMENT

  • Uniform Application: The Court held that the minimum legal age of marriage under the Prohibition of Child Marriage Act (PCMA), 2006 applies equally to persons of all religions, including those governed by personal laws.
  • Personal Law vs Statute: It ruled that the Muslim personal law principle permitting marriage after attaining puberty cannot prevail over the statutory safeguards enacted by Parliament.
  • POCSO Consistency: The Bench observed that permitting marriage below 18 years would conflict with the Protection of Children from Sexual Offences (POCSO) Act, 2012, which treats any sexual activity involving a child as an offence.
  • Judicial Reference: The Court endorsed the reasoning of the Moidutty Musliyar v. Sub Inspector, Vadakkencherry Police Station, which held that personal law cannot dilute the operation of child protection statutes.
  • Legal Significance: The judgment strengthens the principle that statutory child welfare legislation prevails over conflicting personal law practices when protecting the rights and interests of children.

PROHIBITION OF CHILD MARRIAGE ACT (PCMA), 2006

  • Objective: The Prohibition of Child Marriage Act, 2006 seeks to prevent child marriages, protect children from exploitation, and provide legal remedies for victims.
  • Minimum Marriage Age: The Act prescribes 21 years for males and 18 years for females as the minimum legal age for marriage.
  • Legal Consequences: Child marriages are generally voidable at the option of the contracting child, while certain marriages involving force, trafficking, or kidnapping are treated as void.
  • Institutional Mechanism: The Act provides for the appointment of Child Marriage Prohibition Officers to prevent, report, and prosecute child marriages.
  • Child-Centric Approach: It also protects the rights of children born from child marriages and provides for maintenance, residence, and custody of affected minors.

PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT, 2012

●  Purpose: The Protection of Children from Sexual Offences (POCSO) Act, 2012 provides a comprehensive legal framework to protect children below 18 years from sexual offences, harassment, and exploitation.

●  Child Definition: The Act defines a child as any person below 18 years of age, irrespective of gender.

●  Strict Liability: Any sexual activity with a person below 18 years constitutes an offence under the Act, irrespective of consent, making the age of consent legally fixed at 18 years.

●  Child-Friendly Procedures: The Act mandates special courts, child-sensitive investigation procedures, confidentiality of the victim’s identity, and speedy trial mechanisms.

●  UPSC Relevance: Important for GS Paper II – Vulnerable Sections, Child Rights, Personal Laws, Judiciary, Social Justice, and Constitutional Governance.