KOCHI: In a major judgment, Kerala excessive court docket has held that Prohibition of Little one Marriage Act, 2006, applies to all Indian residents irrespective of faith. A bench of Justice PV Kunhikrishnan additionally made it clear that the Act supersedes Muslim private legislation that enables marriage of a woman at puberty, declaring that citizenship was main and faith secondary.
The one bench issued the directive not too long ago whereas dismissing a petition by an accused in a baby marriage case in Palakkad in 2012. The accused, together with the daddy and purported “husband”, had moved excessive court docket to quash the case. The bench had earlier appointed an amicus curiae within the case. The ruling comes at a time when scores of males have been arrested in BJP-governed Assam over baby marriages, most of them from the minority neighborhood.
Citing Muslim private legislation, petitioners argued {that a} Muslim woman who has attained puberty may marry and such a union would not be void. In line with the petitioners, Muslim private legislation prevails over Prohibition of Little one Marriage Act, which was unlawful because it curtails their rights and prescribes punishment.
Nevertheless, excessive court docket rejected the contentions. It cited Part 1(2) of the Act and mentioned it utilized to all Indian residents inside and past India. This implies the legislation has extraterritorial jurisdiction and applies to residents, even when they reside exterior India, the court docket held.
“The prohibition of kid marriage is essential in fashionable society. Little one marriage denies kids their primary human rights, together with the appropriate to schooling, well being and safety from exploitation,” Justice Kunhikrishnan noticed.
“Let the youngsters examine. Allow them to journey, take pleasure in life and after they attain maturity, allow them to determine about marriage. In fashionable society, there can’t be any compulsion for marriage,” the court docket famous.
The one bench issued the directive not too long ago whereas dismissing a petition by an accused in a baby marriage case in Palakkad in 2012. The accused, together with the daddy and purported “husband”, had moved excessive court docket to quash the case. The bench had earlier appointed an amicus curiae within the case. The ruling comes at a time when scores of males have been arrested in BJP-governed Assam over baby marriages, most of them from the minority neighborhood.
Citing Muslim private legislation, petitioners argued {that a} Muslim woman who has attained puberty may marry and such a union would not be void. In line with the petitioners, Muslim private legislation prevails over Prohibition of Little one Marriage Act, which was unlawful because it curtails their rights and prescribes punishment.
Nevertheless, excessive court docket rejected the contentions. It cited Part 1(2) of the Act and mentioned it utilized to all Indian residents inside and past India. This implies the legislation has extraterritorial jurisdiction and applies to residents, even when they reside exterior India, the court docket held.
“The prohibition of kid marriage is essential in fashionable society. Little one marriage denies kids their primary human rights, together with the appropriate to schooling, well being and safety from exploitation,” Justice Kunhikrishnan noticed.
“Let the youngsters examine. Allow them to journey, take pleasure in life and after they attain maturity, allow them to determine about marriage. In fashionable society, there can’t be any compulsion for marriage,” the court docket famous.
