Court affirms the overriding effect of PCMA and POCSO Act over personal laws in the prevention of child marriage.
In a significant ruling, the Allahabad High Court dismissed a writ petition seeking the quashing of an FIR related to the attempted child marriage of a minor girl, Sonam, in Bulandshahr district. The court, comprising Justices J.J. Munir and Achal Sachdev, emphasized the supremacy of statutory provisions under the Prohibition of Child Marriage Act (PCMA) and the Protection of Children from Sexual Offences (POCSO) Act over personal laws, including Muslim Personal Law, which permits marriage upon reaching puberty.
The judgment came in response to a criminal writ petition filed by Rubi and others, challenging the FIR lodged by Sub-Inspector Vinay Kumar. The FIR accused the petitioners of obstructing police and Child Line Team officials in their efforts to prevent the marriage of Sonam, a 16-year-old girl, contrary to the PCMA. The court held that the PCMA and POCSO Act's provisions are based on public health and national policy, thereby overriding any conflicting personal laws.
The bench clarified that the age of marriage, as stipulated by PCMA, applies universally to all citizens, regardless of religious affiliation. The court cited various precedents and statutory provisions, reiterating that sexual intercourse with a minor constitutes an offense under the POCSO Act, irrespective of the validity of the marriage under personal laws.
In its detailed judgment, the court addressed the arguments presented by the petitioners' counsel, Ms. Pooja, who contended that under Muslim Personal Law, girls are eligible for marriage upon attaining puberty. However, the court firmly rejected this argument, asserting that the later statutory enactments of PCMA and POCSO Act have an overriding effect.
Furthermore, the court stated that the FIR disclosed prima facie offenses requiring a thorough investigation and was not a fit case for quashing at an initial stage. The court remarked on the aggressive behavior of the petitioners towards the police and Child Line officials, emphasizing the necessity of upholding law enforcement efforts to curb child marriages.
Ultimately, the court dismissed the writ petition, vacated the interim stay, and directed the continuation of the investigation into the alleged offenses.
Bottom line:-
Bharatiya Nyaya Sanhita, 2023 - Prohibition of child marriage and its intersection with personal laws - PCMA and POCSO Act override personal laws regarding the minimum age for marriage.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 - Sections 191(2), 132, 121(1), 352, 351(2); Prohibition of Child Marriage Act, 2006; Protection of Children from Sexual Offences Act, 2012; Muslim Personal Law (Shariat)
Rubi v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2935907
