Child Marriage And Muslim Personal Law In India
Live LawRecently, the High Court of Punjab & Haryana held that marriage between a 17 years old girl and 36 years old man is valid. This goes contrary to the Prohibition of Child Marriage Act, which prescribes 18 and 21 years as the age of marriage for female and male, respectively, and endangers the dignity of a girl child. By prescribing 15 years as the age of marriage, Muslim law indirectly encourages sexual intercourse with a girl child and goes in contravention with the POCSO Act. Child marriage destroys the dignity of a girl child and Muslim law violates Article 21 of the Indian Constitution by fostering child marriage. The suggestions are in stark contrast to the age of marriage under Muslim Law as on one hand, it intends to ameliorate the problem of child marriage and respect the dignity of a girl child, but on the other, the age-old religious practices are revered and marriage at a tender age of 15 years is permitted.