Child Marriage – Why overlook Muslims and fault Hindus

The practice of child-marriage exists in Muslim society in India much more than it subsists amongst Hindus.

Speaking at the release of an analysis of child marriage statistics in the country, in June 2017, Supreme Court Judge Justice AK Sikri had said, "Prevention of child marriage act is a secular law. But the Muslim personal law says once a girl attains puberty, she is ready for marriage. Nowadays, a girl attains puberty at the age of 11." It has been more than 85 years since the first law to outlaw child marriage was enacted.

Of all the women covered in the census in 2001, 43% were married before 18 years of age. In 2011 census, the figure stood at 30%. Of the women who got married during the 10 year period, 2001-2011, 20% were wed before they were 18 years of age. While the practice of underage marriages dropped across all religions; Muslims lagged behind in this social change.

Highlighting the inconsistencies in various laws, a bench of Justices M B Lokur and Deepak Gupta of the Supreme Court on 11 October 2017 had touched upon separate marriage laws for Hindus and Muslims and said the provisions make a “mockery” of the Prohibition of Child Marriage Act (PCMA).

Going through the Supreme Court verdict given by the Chief Justice and three of his brother judges, in Writ Petition (Civil) No. 373 of 2006 on 28 September 2018, it is amply clear that they have once and for all enacted the supremacy of the Constitution over faith. The Chief Justice and his companion judges in different words unequivocally upheld that even in matters of religious faith, Governments, religious and other institutions and the people of India are bound by the constitution of the country. This historic verdict supersedes all other laws of the land and customary practices and beliefs and traditions of different religions/faith which are contrary to it.

Would the political, social and secular leaders fight the evil of under-age marriages without discrimination on the basis of religion of the villains?

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