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Allahabad High Court Upholds Uniform Minimum Marriage Age Across Religions (Source: The Hindu)

Context:

The Allahabad High Court has ruled that the minimum age of marriage under the Prohibition of Child Marriage Act (PCMA), 2006 applies to all citizens irrespective of religion. The Court held that personal laws cannot override statutory provisions intended to prevent child marriage and protect children.

Explanation:

  • Child marriage refers to the marriage of a person below the legally prescribed minimum age under the Prohibition of Child Marriage Act (PCMA), 2006.
  • Under the PCMA, 2006, the minimum legal marriage age is 21 years for males and 18 years for females, applicable irrespective of religion.
  • The Act seeks to prohibit, prevent and punish child marriages, while also providing relief, maintenance and custody for affected children.
  • Personal laws govern matters such as marriage, divorce and inheritance for different religious communities, but they cannot override a Central law enacted for child protection.
  • The Protection of Children from Sexual Offences (POCSO) Act, 2012 defines every person below 18 years as a child and criminalises sexual offences against children, reinforcing the statutory prohibition on child marriage.

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