Allahabad HC upholds uniform legal marriage age for all religions, overriding Muslim personal law
The Allahabad High Court ruled that the minimum age of marriage prescribed under the Prohibition of Child Marriage Act (PCMA), 2006, applies uniformly to all citizens, irrespective of religion. The court stated that the Muslim personal law principle recognizing puberty as the age of marriage cannot override Central law provisions. This judgment was made while hearing a petition to quash an FIR related to the alleged marriage of a 16-year-old girl. The Bench emphasized that permitting marriage below 18 years would be inconsistent with the POCSO Act, 2012, which criminalises sexual relations with a child.
Key Points
- The Allahabad High Court affirmed that the minimum marriage age under PCMA, 2006, applies universally, irrespective of religion.
- The ruling states that Muslim personal law, which considers puberty as the age of marriage, cannot supersede Central legislation.
- The court's decision was made in the context of a case involving the alleged marriage of a 16-year-old girl.
- The judgment highlights the inconsistency of child marriage with the POCSO Act, 2012, which criminalises sexual relations with minors.
Exam Facts
- Court: Allahabad High Court.
- Act: Prohibition of Child Marriage Act (PCMA), 2006.
- Minimum marriage age upheld: 18 years.
- The ruling also referenced the Protection of Children from Sexual Offences (POCSO) Act, 2012.
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