The Bombay high court would soon be examining if the Act violate freedom of religion guaranteed by the Constitution, with reference to the marriagable age of a Muslim girl.
Does the Prohibition Of Child Marriage Act 2006 violate freedom of religion guaranteed by the Constitution?
The Bombay high court would soon be examining this aspect, with reference to the marriagable age of a Muslim girl.
The question has arisen because of apparent conflict between the Muslim Personal Law and Prohibition of Child Marriage Act (PCMA).
In Muslim law, a girl can marry after attaining puberty. PCMA prohibits child marriages, irrespective of religion. Under PCMA, girl below 18 is considered a child.
A petition was filed in the Bombay High Court a few weeks ago by one Zakia Begum, a resident of Aurangabad.
Zakia's daughter, who is over 14, was to marry last December; but her uncle filed a complaint with police, stating that Child Marriage Restriction Act (now replaced by PCMA) is being violated.
Police took her in custody and produced before Child Welfare Committe. She is now in a remand home.
Zakia then moved High Court, saying that police's action was illegal, because Muslim allows girl to marry after onset of puberty.
However, additional public prosecutor Usha Kejariwal today argued that PCMA was applicable to all citizens.
Kejariwal also cited a judgement of Andhra Pradesh High Court, which says that a Muslim person who participates in marriage of a minor boy or girl can be prosecuted; but marriage itself cannot be voided on the ground of age.
However, petitioner's lawyer advocate Prakash Wagh said that he was challenging constitutional validity of Prohibition of Child Marriage Act.
Division bench of Justices Ranjana Desai and Mrudula Bhatkar directed Wagh to make Child Welfare Committee (on whose instructions police had stopped the marriage) a party to the case.
"We will lay down a law (in this regard)...If this marriage of minors) is allowed, tomorrow 12-year-old girls will be married off," judges said.
Advocate Wagh requested the court to hand over custody of girl to her mother. However the court refused the request, adjourning hearing to March 15.
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