Kerala High Court upheld the ban on child marriages

The judgment is likely to have far-reaching consequences in the handling of child marriage issues across the social groups and communities in India…Story By Avani Kulshrestha 

In a landmark judgement, the Kerala High Court upheld the ban on child marriages, reinforcing a significant development in the on-going debate between personal laws and child protection. The judgment carried enough emphasis than ever before that the earlier existence of a right to such marriages under Muslim personal law is overridden by the prohibitions enshrined under the Child Marriage Restraint Act of 1929 and its amendments.

A case before the court challenged the very validity of the Child Marriage Restraint Act, insofar as it applied to the Muslim personal law, which traditionally allows marriage at a younger age, subject to certain conditions. The contention of the petitioners was that in matters relating to age for marriage, personal laws should have the precedence over the general statutory provision, which was legislated with the intention of preventing children from being forced into early marriages.

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The bench, headed by Justice P.V. Kunhikrishnan of the Kerala High Court, held that the provisions of the Child Marriage Restraint Act would have validity since it caters to the commitment of the State in looking after the rights and welfare of children enshrined in the Constitution for their protection from exploitation and abuse. This decision is grounded in the principle that the rights of a child are universal and should not be subjected to the inconsistencies of different religious laws.

The decision of the court, therefore, affirms the fact that the legal age of marriage, against which females should get married at 18 and males at 21, is standard, which should be applied regardless of all religions. The rationale or principle behind this standard is the fact that the individuals must be at an age of understanding to make informed decisions concerning their marriage and strong enough to guard them from the possible injuries that await them concerning marriages.

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Here, the Kerala High Court has further highlighted the fact that child protection laws must be uniform and act without discrimination of personal or religious identity. In its judgment, the Court upheld the decision by asserting that the rights of children are over and above the existence of traditional practices which may be in opposition to legal norms and human rights,

The judgment is likely to have far-reaching consequences in the handling of child marriage issues across the social groups and communities in India. The case will set a precedent for other states and courts facing similar dilemmas between personal laws and statutory provisions in the light of constitutional guarantees and international standards on child rights’ protection in looking afresh at how personal and religious laws are being implemented.

The judgment has thus widely been supported by child rights activists and legal experts who have perceived this as a progressive step towards realization that all children, be they from a particular religious or cultural background, are entitled to be protected from the negative impacts that come with early marriages. It shows wider recognition of the need for law toward children and, therefore, upholds a child’s right to a childhood free from exploitation.

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The judgment of the Kerala High Court is thus a landmark in the legal struggle against child marriage in India. More critically, it reiterates the resolve of each state toward the cause of children’s protection and invalidates any personal law attempts that would undermine the elementary safeguards provided under national legislation. This judgment most assuredly is a step toward an equal society, where the rights and welfare of the citizens are protected.