Author: Saeed Khan
Publication: The Times of India
Date: September 30, 2015
URL: http://epaperbeta.timesofindia.com/Article.aspx?eid=31804&articlexml=HC-Child-Marriage-Act-to-prevail-over-Muslim-25092015019081

The Prohibition of Child Marriage Act (PCMA) would prevail over the personal law in the cases where Muslims give away their minor daughters in marriage, the Gujarat high court has ruled. The HC on Wednesday added that those who promote or permit child marriages were liable to be prosecuted under the central law. The ruling came in a case of abduction and rape charges against one Yunush Shaikh (28) for eloping with a 16-year-old girl.

Before elopement, they had got married in December last year. The girl's father had lodged an FIR and Sections 363, 366, 376 of the IPC, provisions of Prevention of Children from Sexual Offences Act (POCSO) were invoked apart from the PCMA in the case. Looking at the provisions of personal laws and the IPC, Justice J B Pardiwala dropped charges of abduction, luring and rape, saying PCMA would prevail over Muslim personal law, since the case involves child marriage.

According to Shaikh's counsel Soeb Bhoheria, the court said that even in cases of child marriage involving Muslims, the provisions of PCMA cannot be overlooked and action must be taken against those responsible. The judge cited numerous cases from other high courts, the Supreme Court and laws of other countries.

He quoted Islamic texts, besides relying on an article of ex-Supreme Court judge Markandey Katju. The court made observations regarding rigidity on part of Islamic authorities in the interpretation of ancient laws.

“Those who have not allowed changing the Muslim Personal Law have done a great disservice to the community,'' he said.