Child Marriage Laws in India: An Analysis of a Recent Punjab and Haryana High Court
Judgement Given On :
Child marriage has been a deeply rooted social issue in India for centuries, despite legislative efforts to eradicate it. In 1929, the Child Marriage Restraint Act was introduced to curb this practice. However, even today, child marriage persists as a valid institution in the eyes of the law under certain circumstances. This article delves into the legal intricacies surrounding child marriage in India, with a particular focus on a recent and pivotal case adjudicated by the Punjab and Haryana High Court. Child marriage represents a grave violation of human rights, affecting both genders within society. Despite progress in recent years, child marriages still constitute nearly 27% of all marriages in India, according to available data. Alarmingly, India is home to one-third of all child brides globally, with a staggering 223 million child brides within its borders. Additionally, statistics reveal that one in 25 men gets married before reaching the age of 18, and one in 5 men marries before the legal age of 21.
Case Background
Jaspreet Kaur, the first petitioner, had entered into a marriage at the age of 18 with a Muslim boy named Azim Khan, the second petitioner. However, Azim Khan was below the legal age of marriage as prescribed by the Prohibition of Child Marriage Act (PCMA) of 2006. The key contention in this case revolved around the application of Muslim personal law to Azim Khan’s marriage, which presented a legal challenge.
The Petitioners’ Contention
Jaspreet Kaur, through her legal representation, sought protection based on her fundamental right to life and liberty, enshrined in Article 21 of the Indian Constitution. She argued that this fundamental right should be granted without further questioning regarding her marriage. Jaspreet Kaur also urged the court to instruct the relevant authorities to ensure her safety and protect her from harm or threats posed by the respondents.
Court’s Findings and Legal Analysis
Justice Amol Ratan Singh, who presided over the case, conducted a thorough examination of the legal aspects involved. The crux of the matter lay in determining the validity of the marriage, given Azim Khan’s age and the application of Muslim personal law.
The court found that Jaspreet Kaur had indeed attained the legal age of marriage, as substantiated by a verification certificate submitted as evidence. However, the legal complexity arose when assessing Azim Khan’s eligibility for marriage under the PCMA, 2006.
In its judgment, the court highlighted a critical aspect: the PCMA, 2006, is a secular law, and it does not differentiate based on religion. This meant that religious personal laws could not take precedence in cases involving child marriages.
To support its decision, the court cited the precedent established in the case of Hardev Singh v. Harpreet Kaur. In that case, it was firmly established that if the girl is above 18 years old, no offense could be made out under the provisions of the PCMA, 2006. This precedent was crucial in granting protection to the petitioners, as Jaspreet Kaur was above the age of 18 when she got married.
Future Considerations
While the court granted protection to the petitioners based on their age and the secular nature of the PCMA, 2006, it also issued an important caveat. It made it clear that if, in the future, the certified age or any other document submitted in court was found to be forged, the court’s order would not obstruct proceedings under the Child Marriage Act. This underscored the principle that personal laws are only applicable until they are inconsistent with the laws of the land.
Conclusion
The case of Jaspreet Begum & Anr. v. State of Punjab & Ors. serves as an essential legal precedent in India’s ongoing battle against child marriage. It emphasizes the need for compliance with the country’s secular laws, particularly when dealing with issues as sensitive as child marriage.
The court’s decision underscores the importance of upholding fundamental rights and providing equal protection under the law for all citizens, irrespective of their religious backgrounds. It reaffirms the commitment of the Indian legal system to safeguard the rights and development of every child while maintaining social harmony and justice. This case serves as a reminder that child marriage, despite its prevalence in some communities, is not legally sanctioned in India, and the law stands firmly against it.