Indore, August 18: The Madhya Pradesh High Court on Saturday issued notices to the Union government, the state government, and the All India Muslim Personal Law Board (AIMPLB) in response to a public interest litigation (PIL) seeking uniform application of the Prohibition of Child Marriage Act (PCMA), 2006, across all communities, overriding personal laws, reported The Indian Express.
The PIL, filed by local activist Dr. Aman Sharma, highlights a conflict between the PCMA, which sets the minimum marriage age at 18 for women and 21 for men, and the Muslim Personal Law (Shariat) Application Act of 1937, which allows marriage upon reaching puberty.
A division bench of Justices Sushrut Arvind Dharmadhikari and Duppala Venkata Ramana requested responses within four weeks from the Centre, the Madhya Pradesh government, and the AIMPLB.
The PIL calls for a judicial declaration affirming the primacy of the PCMA over conflicting personal laws and seeks legislative amendments to ensure uniformity in the legal marriage age across all communities.
Under the PCMA, any violation of the marriageable age rule is punishable with up to two years of rigorous imprisonment, a fine of Rs 1 lakh, or both.
The court’s decision to seek responses from key stakeholders signals a potential shift toward greater uniformity in the enforcement of marriage laws in India, a move that could have far-reaching implications for personal laws and the rights of women across various communities.
