Muslim personal law can't override child marriage law: Allahabad HC
The Allahabad High Court, in a significant judgement, has held that Muslim personal law recognising puberty as the age of marriage cannot override laws like
The Allahabad High Court, in a significant judgement, has held that Muslim personal law recognising puberty as the age of marriage cannot override laws like the Prohibition of Child Marriage Act (PCMA) and the Prevention of Children from Sexual Offences (POCSO), which criminalise sexual relations with a child. A bench of justices JJ Munir and Achal Sachdev observed that the age of marriage for every citizen of the country, irrespective of religion, is the same as has been spelt out by the PCMA. Read Full Story The bench made these observations while dismissing a writ petition filed by Rubi and 18 others seeking to quash an FIR registered against them for allegedly assaulting and obstructing a police and child line rescue team. The rescue team was attacked when it intervened to stop the impending marriage of a 16-year-old Muslim girl in Bulandshahr district.
It was submitted before the court on behalf of the petitioners that under the Shariat law, a girl is eligible for marriage after she attains the age of puberty, generally regarded as 15 years. They contended that the PCM Act, 2006, would not affect the petitioners' personal law regarding marriage. The court, however, rejected the argument as it noted that no personal law can wipe out the prohibition of child marriage brought about by the PCMA or the statutory effects of the POCSO Act. The bench noted that if the marriage of a person below 18 years was permitted, carnal relations being almost inseparable from the institution of marriage, it would result in an acknowledged violation of the POCSO Act. Acknowledging a division of opinion among various high courts on this issue, the bench stated that it was in "complete agreement" with the Kerala High Court's reasoning that no personal law can override the prohibition on child marriage.
The bench also referred to the Supreme Court's 2025 order wherein the top court expressed doubt on the issue (whether personal laws can prevail over the PCM Act) pending passage of the Prohibition of Child Marriage (Amending) Bill 2021, introduced in Parliament on December 21, 2021. However, the division bench further noted that this bill lapsed upon the dissolution of the 17th Lok Sabha, and there has been no authoritative pronouncement by the Supreme Court on the issue to date. Turning to the specific facts of the case, the court noted that there was a determined attempt by the minor's parents and the community to marry her off in violation of the PCMA. The bench commended the police and the child line team for swinging into action to rescue the girl, stating that they were acting in the bona fide discharge of their duties to prevent a possible violation of the POCSO Act.
The BriefWire