'Country comes first, then religion', Kerala High Court said on child marriage - law applies to everyone

The Kerala High Court has ruled that the Prohibition of Child Marriage Act, 2006 applies to every citizen of this country, irrespective of his religion, because every Indian is first a citizen and then becomes a member of a religion.

Justice PV Kunhikrishnan, in a recent order on a petition to quash a case registered in Palakkad in 2012 against child marriage, said that this Act applies to everyone, irrespective of the religion of the person, be it Hindu, Muslim, Christian, Parsi, etc.

The petitioners, including the then minor girl's father, argued before the court that being a Muslim she has a religious right to marry after attaining puberty, that is, at the age of 15 years.

The court said in its July 15 order, "A person must first be a citizen of India, and only then comes his religion. Religion is secondary and citizenship should come first, I believe that whether a person is Hindu, Muslim, Christian, Parsi, etc., the Act 2006 applies to all."

The order said that child marriage deprives children of their basic human rights, including the right to education, health, and protection from exploitation. The court also said that marriage and pregnancy at an early age can lead to health problems such as infant mortality, maternal mortality, and sexually transmitted infections. The court said in the order, "Child marriage often forces girls to drop out of school, thereby limiting their education and future opportunities."

The court said, "Child brides are more vulnerable to domestic violence and abuse." Child marriage can perpetuate poverty and limit economic opportunities for individuals and communities. Child marriage can cause emotional and psychological trauma to children, including depression and anxiety. Child marriage can lead to social isolation and alienation from family and community. In addition, child marriage is also a violation of international human rights law and conventions.'

The court expressed grief over the cases of child marriage and said that it was sad to hear that there are allegations of it in Kerala even after the Prohibition of Child Marriage Act came into force decades ago. The court said, 'The saddest thing is that the petitioners here are trying to justify the alleged child marriage by saying that according to the law of Muslim religion, a Muslim girl has a religious right to marry after attaining puberty regardless of age, even though the Prohibition of Child Marriage Act is in force.'