Madhya Pradesh HC Seeks Uniformity in Child Marriage Laws Across Communities

The Madhya Pradesh High Court has issued notices to the Union government, state authorities, and the All India Muslim Personal Law Board in response to a petition that seeks the uniform implementation of the Prohibition of Child Marriage Act (PCMA). The petition highlights a conflict between PCMA and Muslim Personal Law, which allows marriage at the age of puberty.

The Madhya Pradesh High Court on Saturday requested responses from the Union government, state authorities, and the All India Muslim Personal Law Board (AIMPLB) following a petition that seeks a uniform application of the Prohibition of Child Marriage Act (PCMA) across all communities, regardless of personal laws.

A division bench of Justices Sushrut Arvind Dharmadhikari and Duppala Venkata Ramana issued notices to the Centre, Madhya Pradesh government, and the AIMPLB, asking for their replies within four weeks.

The petition, filed by local activist Dr. Aman Sharma, argues that there is a conflict between the PCMA, which sets the minimum marriageable age at 18 for women and 21 for men, and the Muslim Personal Law (Shariat) Application Act of 1937, which allows marriage at the age of puberty, typically considered to be 15 years. The public interest litigation seeks judicial affirmation of the PCMA's primacy over conflicting personal laws and calls for legislative changes to ensure uniform legal marriage age for all communities, citing concerns over minor girls' health, education, socio-economic disadvantages, and gender inequality.