Prohibition of Child Marriage Act does not differentiate on basis of religion: High Court

Saurabh Malik
Tribune News Service
Chandigarh, May 1

The Prohibition of Child Marriage Act, 2006, does not differentiate on the basis of religion, the Punjab and Haryana High Court asserted while hearing a protection plea filed by a runaway couple.

“It is to be noticed that even though as per the Muslim personal law a valid marriage can be contracted between the parties upon attaining the age of puberty, it is to be further noticed that the Prohibition of Child Marriage Act, 2006, does not differentiate on the basis of religion, as regards the commission of any offences punishable under the provisions of that Act,” said Justice Amol Rattan Singh.

The petitioners were seeking protection of life and liberty after marrying on April 18 against the wishes of the respondent- relatives.

Responding to a specific query, counsel for the petitioners stated that the petitioners were neither in a prohibited relationship, nor has any of them been married earlier.

Justice Amol Rattan Singh observed the girl, as per her matriculation certificate’s copy, was shown to be just above 18. The boy was admittedly below the legally marriageable age in terms of the Prohibition of Child Marriage Act, 2006.

Justice Singh added as per a Supreme Court judgment, if a girl/woman was above marriageable age of 18, no offence punishable under the provisions of the Act would be made out. Consequently, the life and liberty of the petitioners would be duly protected in accordance with law.

But if the girl’s age was found to be actually below 18 years upon verification of certificate, the High Court order would not prohibit proceedings under the provisions of the Act.

“Further, it is made clear that if any of the averments made in the petition is found to be incorrect, specifically with regard to either the petitioners being in any prohibited relationship to each other, or as regards their previous marital status, this order shall not be construed to be a bar on proceedings initiated as per law,” the Bench added.

Disposing of the petition, the Bench made it clear that the life of the petitioners would be protected under all circumstances as it was a basic fundamental right enshrined in Article 21 of the Constitution.