Ban on Child Marriage: Applicable to All Religions

Introduction 

Child marriage, a social problem that has not yet been addressed, is still prevalent in India. Such practice does not only deprive young girls of their childhood but also education, health, and other aspects of their lives. Nevertheless, a recent landmark judgment by the Honourable High Court of Kerala has given new hope to eradicate the social evil of child marriage by pointing out that the prohibition of child marriage is uniform for all religions. 

Background of the Case 

This case of Moidutty Musliyar & Ors. v. Sub Inspector Vadakkencherry Police Station & Ors.   concerned a petition that sought to quash a criminal complaint against a man who married off his minor daughter. In their defense, the petitioners stated that according to the Muslim personal law, the girl child can be subjected to marriage after attaining puberty (after 15 years of age); this assertion means that the Prohibition of Child. Marriage Act, 2006(PCMA) cannot apply. 

Issues of the Case 

The core focal area was the clash of interest that arose between the PCMA on one hand, and Muslim personal laws governing marriage regarding the legally acceptable age of marriage. The petitioners also said that the PCMA violated their constitutionally protected right to religious freedom given that it annulled their personal law on marriage. 

Judgement of the Case 

The Kerala High Court reaffirmed the primacy of the PCMA. As a clear indication, the Court pointed out that the provision of the PCMA is open to all Indian citizens regardless of their religion. According to the Court, a person is first and foremost an Indian citizen, and citizenship surpasses religious freedoms that are inconsistent with fundamental rights. This judgment is in support of the protection of children from exploitation as well as observing the children’s rights to health and education. 

Impact 

Strengthening Legal Framework 

The said judgment adds greater strength to the law against Child Marriage in Kerala specifically and across India in general, as it gives a clear legal victory against the operation of personal laws by holding that the Prohibition of Child Marriage Act is superior to personal laws. This is beneficial for law enforcement agencies because it gives them a legal ground that applies to all regardless of religion for taking appropriate actions against the culprits. 

Empowering Girls 

Consequently, the judgment also affirms girls’ rights as citizens, offering them the necessary protection against child marriage. It conveys a powerful statement of the readiness of the state to safeguard their welfare and to condemn religious discrimination. 

Promoting Gender Equality 

Thus, by preserving the legal principle of equality before the law, the judgment is aims to promote gender equality. It helps fight a strongly embedded culture that practices child marriage and promotes a positive perspective that a girl should be afforded the same privileges as the boy child. 

Encouraging Social Change 

The judgment may help to extend the discussion concerning child marriage and the negative outcomes that are connected with it. It can provoke social transformation, as people will notice this problem and think about the attitudes that allow such actions. 

Why It Was Needed 

Full of devastating effects for girls, child marriage remains a prevalent problem in India. It makes them drop out of school, increases their chances of health complications during pregnancy and childbirth, and limits future employment. Such a practice only serves to ensure that poverty cycles continue as well as being disadvantageous to women, especially in the social, economic, and political realms. The Kerala High Court decided to be free from these chains and to open a future where every girl regardless of her religion can choose her life options. 

A Pervasive Social Ill

Child marriage is one of the oldest and most persistent social vices, which affects every human being and society at large. That is a clear negation of the rights of children, it robs them of their childhood and hinders their potential. 

Health Implications 

The health of child brides is more often at risk because they are forced to pregnancy and childbirth at an early age. This includes maternal mortality, obstetric fistula, and other kinds of reproductive health problems. All these are health issues that have lifelong effects on both the mother and the child. 

Educational Disadvantage 

Child marriage abruptly ends a girl's education, stifling her personal growth and economic prospects. This harmful practice traps her in a cycle of poverty, robbing her of the opportunity to build a self-sufficient future. Education empowers them and denying this right to them leads to negative consequences in their lives. 

Violation of Human Rights 

This is a clear human rights violation since the child is being forced to marry. It takes away the child’s rights to liberty, rights to select their futures, and rights against exploitation. It is a sub-type of violence that is inclined to the female gender within the aspect of education. 

Social and Economic Costs

Child marriage has significant social and economic costs. It contributes to poverty, inequality, and instability within communities. This, in turn, can have negative impacts on the entire family and community.

Critical Analysis

The judgment of the Kerala High Court is another victory in the legal battle against child marriage. However, the fight against this social vice still has challenges that make it difficult to achieve the goal of eliminating the vice. Police and other law enforcement agencies must be provided proper training to handle the situation properly and sensitize the communities about the law while there should be proper, sensitizing and strengthening of reporting and remedial measures. 

Therefore, cultural and social beliefs that promote child marriage remain a major hindrance. The sustainable processes of changing people’s mindsets and changing their behaviors would require consistent efforts to improve people’s understanding of the negative impact of child marriage and gender inequality. It entails the involvement of the people in the community in dealing with decision-makers, religious and other leaders, and owing to cultural brokers, local assemblies, and other such practices to correct negative culture. 

This practice is often associated with cultural practices and for economic reasons, girls are often forced to get married at a tender age. Combating poverty, illiteracy, and unemployment are some of the solutions that could be suggested to reduce early marriage among females. Education and economic programs for women can also be helpful in ending poverty and early marriages among young girls. 

Multiple discrimination of Child marriage with other types of discrimination like caste, religion disability etc must be tackled. The recent judgment delivered by the Hon’ble Kerala High Court is a step in the right direction; however, the community must comprehend that this is only the start of the process. Eradicating the immense barriers that come with child marriage requires great effort from the government, civil society, and societies involved side by side. 

If these issues are resolved, it would be possible for India to strive for the recognition of the right to childhood for all children without discrimination based on their gender or religion and poor background. 

Conclusion 

Indeed the judgement passed by the Honourable High Court of Kerala can be considered as a stepping stone to eradicate the social evil of child marriage. Through accentuation of the primacy of the PCMA, the court makes it possible to prevent all children in India regardless of their religion from this practice. This judgment creates a foundation for a better society and each girl will be able to succeed and become what she wants to be. 

FAQs

What should one do when there is information that a minor is going to be married?

In the case of suspicion of child marriage, the first step should be to report to the Child Marriage Prohibition Officer (CMPO), Child helpline (1098), police or any other police station. Your information can go a long way in helping to prevent the marriage. 

Can a forced-married child be helped? 

Yes, the law has put measures in place where a child has been forced into marriage. They can seek this assistance from the police, a Child Welfare Committee, or a local Non-Governmental organization. 

What are the legal penalties for the individuals perpetrating child marriage? 

Parents and the groom involved in the practice of child marriage are liable for the fine or imprisonment.