‘Shariat can’t override child marriage law’: Court says puberty not legal age
GS2Polity · Governance · IR· Vulnerable sections (SC/ST, minorities, disabled, elderly, children)· Prelims + Mains·
Why in news
The Allahabad High Court ruled that Shariat law permitting marriage after puberty cannot override the Prohibition of Child Marriage Act (PCMA) and POCSO Act.
Background
The court upheld the minimum marriage age of 18 for girls as mandated by the PCMA and POCSO. It ruled that these laws are based on public health and national policies with a scientific basis, overriding religious personal laws in this context.
Facts for Prelims
- Act / BillProhibition of Child Marriage Act (PCMA): Sets the legal minimum age for marriage at 18 for females and 21 for males.
- Act / BillPOCSO Act: Provides legal framework for the protection of children from sexual offences, including child marriage.
- BodyChildline: A 24-hour emergency phone service for children in.
For Mains
Q. Discuss the conflict between personal religious laws and secular legislation regarding child marriage in India. How does the judiciary balance individual religious rights with public health and child protection?
Dimensions to cover in your answer
- Legal hierarchy: Supremacy of secular public health laws over personal religious codes in matters of child protection.
- Societal impact: Impact of early marriage on female health and educational outcomes as a public policy concern.
Keywords: Personal Law · Public Health Policy · Parens Patriae · Child Protection · Judicial Review · Secularism
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