‘No personal law is above the law prohibiting child marriage’, Allahabad High Court said – POCSO will apply to every religion

Allahabad High Court has given a big decision. The High Court made it clear that the law prohibiting child marriage applies equally to every religion. The court said that marrying Muslim girls at a young age under Sharia is a violation of the POCSO Act. The court said that no personal law can be above the POCSO Act, even if it is a personal law.

The Prohibition of Child Marriage Act has been in force since 2006, which prohibits child marriage before the age of 18 years. At the same time, POCSO Act protects children from sexual violence. The bench of Justice JJ Munir and Justice Achal Sachdev said that Shariat considers the age of puberty as the right age for a girl’s marriage, while child marriage is against the Child Prohibition Act and POCSO Act. The court made it clear that the age of marriage is the same for every citizen of the country, no matter what their religion is.

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Now know what is the whole matter

The matter was related to child marriage. This February, a police team had gone to Bulandshahr to stop a 16-year-old Muslim girl. During this, some people tried to obstruct the police action, after which the police registered an FIR against 19 people. All 19 people filed an application in the High Court demanding cancellation of the FIR. In the case, the petitioner sought relief and said that Sharia law applies to Muslims, in which a 15-year-old girl is considered eligible for marriage, but POCSO and Child Marriage Prohibition Act-2006 have no effect on personal law.

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What did the High Court say?

The bench said that if marriage is allowed below the age of 18 years, it will be a violation of the POCSO Act, because marriage and physical relations are almost interconnected. The court clearly said that POCSO and Child Marriage Prohibition Act-2006 are laws which are based on national policy and public health. There is a legal understanding behind this, which prohibits it. No one can escape from these.

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Demand to cancel FIR rejected

Allahabad High Court also quoted the decisions of different courts on the issue during this period. Allahabad High Court accepted the opinion of Kerala High Court and said that no personal law can bypass the ban on child marriage. Allahabad High Court refused to quash the FIR lodged by the police and asked why the rescue team was mistreated. He was threatened there. Had to save life. The victims had to be saved by taking them into police custody.

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