The Allahabad High Court held that the POCSO Act and the Prohibition of Child Marriage Act override Muslim Personal Law, ruling that child marriage laws apply equally to all religions. The Court refused to quash an FIR over an alleged attempt to marry a 16-year-old girl.
Today, On 18th October, Supreme Court Chief Justice D.Y. Chandrachud reaffirmed that child marriage laws supersede personal laws, emphasizing the protection of minors’ rights. The court mandated enforcing the Prohibition of Child Marriage Act with a focus on preventive strategies and community involvement, while urging Parliament to consider stricter measures against child betrothals.
Today, On 6th August, The Supreme Court of India agreed to expedite the hearing on whether Muslim personal law allowing child marriages supersedes the Prohibition of Child Marriage Act, 2006. The issue arose following a Punjab and Haryana High Court decision allowing a 16-year-old Muslim girl to marry after reaching puberty. Solicitor General Tushar Mehta emphasized the urgency due to conflicting rulings from various High Courts. The National Commission for Protection of Child Rights challenged the ruling and requested the alignment of Islamic personal law with national penal laws to protect the fundamental rights of minor Muslim women.