Thiruvananthapuram. A decision by Justice PV Kunnikrishnan of Kerala High Court has given a big blow to the Muslim Personal Law Board. Justice Kunnikrishnan said in a decision that the Anti-Child Marriage Act 2006 is above the rules of the Muslim Personal Law Board. The court said that citizenship comes first, not religion. In such a situation, the Anti-Child Marriage Act 2006 applies to every Indian without any discrimination. The court also refused to give relief to the accused of child marriage in Palakkad.
A case was filed against the accused of child marriage in Palakkad, Kerala. The accused and his father went to the High Court on this. They pleaded that the case be cancelled. The accused and his father argued that if any Muslim girl attains puberty, then under Muslim Personal Law, she is considered ready for marriage and the law cannot interfere in this. The petitioners also argued that the anti-child marriage law interferes with the personal law. This law is a violation of their rights. After hearing the case, the court said that this law applies to Indian citizens living in India and even abroad. The anti-child marriage law is above any religion and personal law. No laxity can be shown in this.
Justice Kunnikrishnan said that preventing child marriage is a part of modern society. He said that marrying a child is a violation of his human rights. The court said that children should be allowed to study, roam around and live their life. When they are of age, they should decide for themselves whom to marry. This far-reaching decision of the Kerala High Court is also likely to strengthen the BJP government of Assam. In fact, the BJP government of Assam had also arrested those who performed child marriage. Many of those arrested were Muslims.