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Allahabad HC: POCSO Act, PCMA Prevail Over Muslim Personal Law

India Legal Live•
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Summary

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  • The Allahabad High Court has ruled that no personal law, including Muslim personal law, can override the Prohibition of Child Marriage Act (PCMA) or the Protection of Children from Sexual Offences Act (POCSO).
  • This decision came while refusing to quash an FIR against 19 individuals accused of obstructing officials trying to prevent the marriage of a 16-year-old Muslim girl in Uttar Pradesh.
  • The Court emphasized that the legal age for marriage under the PCMA applies equally to all citizens, regardless of religion, and aligns with a previous Kerala High Court judgment.
  • This ruling reinforces child protection laws in India and highlights the conflict between traditional practices and modern legal frameworks.

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