Allahabad High Court Upholds Uniform Legal Marriage Age

Syllabus: GS2/ Polity and Governance

Context

• The Allahabad High Court has held that no personal law, can violate the prohibition on child marriage under the Prohibition of Child Marriage Act, 2006 (PCMA), as well as the POCSO Act.

Key Observations of the Court

• PCMA Has Uniform Application: The Court held that the Prohibition of Child Marriage Act, 2006 applies to every citizen regardless of religion.
  • Also the legal age of marriage is determined by the PCMA and cannot vary based on personal laws.
  • The Court ruled that religious personal laws cannot supersede laws enacted by Parliament.
• There is a relationship between the PCMA, 2006 and the Protection of Children from Sexual Offences (POCSO) Act, 2012. 
  • Under POCSO a child means any person below 18 years and sexual activity with a child is a criminal offence, irrespective of consent.

Legal Framework

• Prohibition of Child Marriage Act (PCMA), 2006: The Act clearly states that a “child” is a male under 21 years or female under 18 years. Child marriage involves either party being a child.
• Protection of Children from Sexual Offences (POCSO) Act, 2012: It defines a child as any person under 18 years of age.
• Muslim Personal Law (Shariat) Application Act, 1937: It dictates that matters concerning marriage, dower, divorce, and inheritance among Muslims are governed by Islamic personal law (Shariat).
  • Under traditional Muslim personal law, a boy or a girl who has attained puberty ( presumed at 15 years of age) is considered competent and legally eligible to enter into a contract of marriage.

Constitutional Provisions

• Article 14: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
• Article 15(3) empowers the State to create special provisions for women and children.
• Article 21: No person shall be deprived of his life or personal liberty except according to procedure established by law.
• Article 44: The state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India. 

Significance of the Judgment

• Strengthens Child Protection Laws: The ruling reinforces that child protection statutes have overriding authority over personal practices permitting early marriage.
• Gender Equality: The judgment will promote women empowerment by preventing child marriages, ensuring greater access to education and strengthening women’s autonomy, dignity, and decision-making capacity.

What are the Concerns?

• Conflict with Personal Laws: The decision overriding personal laws raises questions about religious autonomy under Article 25 of the Constitution.
• Implementation Challenges: Despite legal prohibition, child marriage continues due to social customs, poverty, lack of education, and gender inequality.

Way Ahead

• A balanced approach is required where constitutional values of equality, dignity, and child protection are harmonised with personal laws. 
• Along with effective enforcement of PCMA, greater focus should be placed on girls’ education, economic empowerment, and social awareness to eliminate the root causes of child marriage.

Source: TH