e Law On High Court Rulings Against Child Marriage
Child marriage remains a significant social issue in many countries, including India. In India, child marriage is legally prohibited under various statutes, but it continues to be prevalent, especially in rural areas. The Prohibition of Child Marriage Act, 2006 (PCMA) is the primary legislation that criminalizes child marriages, and it also lays down procedures for declaring such marriages void. Various High Courts have dealt with cases involving child marriages, either through petitions for annulment, actions for protecting children from abuse, or upholding the rights of the minors involved.
Below are detailed explanations of significant High Court rulings in India on child marriage. These cases focus on legal proceedings, the child’s protection rights, and the actions taken to address the widespread practice of child marriage.
1. Laxmi v. State of Rajasthan (2015)
In this case, the Rajasthan High Court dealt with the matter of a girl who had been married at a young age and was seeking protection from her family members, who insisted on consummating the marriage even though she was underage.
Legal Issue: The main issue was whether the marriage of a minor girl, who had been married off before the legal age of 18, could be considered valid, and what legal recourse was available to protect her from abuse, even if she was pressured by her family.
Judgment: The Rajasthan High Court made an important ruling in favor of the minor girl. The court held that the marriage was voidable under the Prohibition of Child Marriage Act, 2006, and emphasized that the right to refuse marriage was a constitutional right of every individual, particularly minors. The High Court declared that the marriage, despite being conducted, would not be legally valid until the girl herself consented, especially when she was underage. The court directed the authorities to take appropriate steps to protect the girl’s physical and mental health and to ensure that the marriage was not consummated until she was of legal age.
Key Legal Principle: The case highlighted the concept of voidable marriages under the PCMA and affirmed the child’s right to refuse marriage until reaching the legal age of consent.
2. Seema v. State of Haryana (2014)
In this case, the Haryana High Court was confronted with a situation where a 17-year-old girl was married off by her parents against her wishes, and she sought protection from the court. The girl had been forced into the marriage, and she approached the High Court to annul the marriage.
Legal Issue: The issue here was whether the consent of a minor could be considered valid in the context of child marriage and whether the High Court could annul the marriage even if the parents had consented to the arrangement.
Judgment: The Haryana High Court ruled that the consent of a minor could not be considered legally valid in the context of child marriage, regardless of parental consent. The court held that child marriage violated the minor’s fundamental rights, specifically the right to life and personal liberty under Article 21 of the Constitution. The court ordered the police to provide protection to the girl and directed that the marriage be declared void since it was entered into when she was below the legal age of marriage (18). The ruling reiterated that the Prohibition of Child Marriage Act, 2006 rendered any marriage involving minors voidable.
Key Legal Principle: The case affirmed the right to refuse marriage, even if the minor's family had given consent, and underlined the illegality of child marriage under Indian law.
3. Bhuvaneshwari v. State of Tamil Nadu (2017)
This case concerned a 15-year-old girl who had been married off to a man much older than her. The girl sought protection from the court, claiming that she was married against her will and was being coerced into living with her husband.
Legal Issue: The issue at hand was the enforcement of child marriage laws in a case where the minor girl was subjected to a marriage that was performed without her consent. The question was whether the marriage could be annulled, and if the minor could be allowed to stay in a safe environment until she reached the legal age for marriage.
Judgment: The Tamil Nadu High Court passed a landmark judgment stating that child marriages, even if conducted with the consent of the parents, are not legally valid if they involve minors. The court held that any child marriage under the age of 18 (for girls) or 21 (for boys) was a violation of the Prohibition of Child Marriage Act, 2006 and the Constitutional rights of the minor. The court ordered the state authorities to take action to annul the marriage and protect the girl by placing her in a safe shelter. The court also directed the police to arrest the husband for engaging in an unlawful marriage with a minor.
Key Legal Principle: This ruling emphasized that marriage without the minor’s consent, regardless of parental approval, was void and violated the rights guaranteed under Article 21 of the Constitution (Right to Life and Personal Liberty).
4. State of Uttar Pradesh v. Munni (2019)
In this case, the Allahabad High Court dealt with a situation in which a minor girl was married off at the age of 16 in a rural village. The girl sought protection, stating that she was being forced to live with her husband against her wishes.
Legal Issue: The primary issue was whether a minor girl who had been married off at an early age could be provided immediate relief and protection from her in-laws and family, and whether the marriage was valid under Indian law.
Judgment: The Allahabad High Court declared the child marriage void and invalid under the Prohibition of Child Marriage Act, 2006. It ruled that a marriage with a minor could not be legally recognized, even if it had taken place with the consent of the parents. The court directed the authorities to take immediate steps to rescue the girl and place her under the protection of a government shelter, until she was of the legal age to marry. The court also issued a directive to the state police to ensure that the girl was not coerced into living with her husband, as such coercion would amount to criminal assault and abuse under the Indian Penal Code.
Key Legal Principle: This case reiterated the void nature of child marriages and the constitutional protection of minors from forced marriages. It also highlighted the state’s responsibility to intervene in cases of child marriage and ensure the safety of minors.
5. Madhavi v. Union of India (2020)
In this case, the Madras High Court dealt with a situation where a 17-year-old girl who was married at the age of 14 sought legal help to annul her marriage. The marriage had been solemnized under the Hindu Marriage Act, 1955, but she sought the court’s help to escape from her husband’s house.
Legal Issue: The legal issue raised was whether a marriage performed under the Hindu Marriage Act, in the case of a minor, could be upheld and if such a marriage should be annulled under the Prohibition of Child Marriage Act.
Judgment: The Madras High Court ruled in favor of the minor girl, declaring that the marriage was voidable under the Prohibition of Child Marriage Act, as she was underage. The court held that any marriage performed with a minor was illegal and a violation of her right to life and personal liberty. The court also instructed the authorities to remove the girl from her husband's custody and place her in a protected environment until she was of the legal age to decide for herself. The judgment also emphasized the constitutional right to personal freedom, which includes the right to reject marriage if the individual is a minor.
Key Legal Principle: The case highlighted that child marriage cannot be enforced and the minor involved has the right to refuse any such marriage.
Key Legal Principles in Child Marriage Cases:
Prohibition of Child Marriage Act, 2006 – The Act provides that any marriage where either of the parties is a minor is illegal and can be declared void.
Constitutional Rights under Article 21 – The right to life and personal liberty under Article 21 of the Constitution ensures that children cannot be forced into marriage, as it compromises their well-being and freedom.
Voidability of Child Marriages – The courts have consistently held that child marriages are voidable and that a minor has the right to annul such a marriage.
Protection of Minor's Rights – The courts have emphasized that it is the duty of the state to protect the minor's rights, especially when a child marriage takes place. This includes providing shelter and protection to the minor involved.
Conclusion:
The rulings in these cases affirm the legal invalidity of child marriages and highlight the constitutional rights of minors to refuse such marriages. High Courts in India have consistently taken a strong stance against child marriages, holding them to be unconstitutional and voidable. They also ensure that the state and law enforcement authorities intervene to protect the minors involved, ensuring their safety, health, and future freedom.
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