‘Muslim Personal Law’ is not above the law of the land: Allahabad High Court

Prayagraj (Uttar Pradesh) – The Allahabad High Court has clarified that Muslim Personal Law cannot violate the provisions of the Prohibition of Child Marriage Act, 2006 (PCMA) and the Protection of Children from Sexual Offences Act, 2012 (POCSO). In Bulandshahr (Uttar Pradesh), when the Police and officials of the Childline organisation went to prevent the child marriage of a 16-year-old Muslim girl, they were attacked. In this case, the Court categorically refused to grant any relief to the accused.

"Muslim Personal Law Is Not Above the Law of the Land" – Allahabad High Court

Refusing relief to an accused in the Bulandshahr child marriage case, the Court reaffirmed that personal law cannot override the law of the land.

The ruling strengthens the case for a Uniform Civil… pic.twitter.com/bs6khT6WgJ

— Sanatan Prabhat (@SanatanPrabhat) July 8, 2026

1. The Court observed that both these laws, which are based on the country’s national policy, public health and scientific approach, apply equally to all citizens, irrespective of their religion.

2. Counsel for the petitioners argued that, according to Muslim Personal Law, that is, Sharia, if a girl has attained puberty (generally considered to be 15 years of age), she is fully competent to marry. They contended that the Prohibition of Child Marriage Act cannot override their Personal Law.

3. The High Court outright rejected this argument. The Court held that recognising the age of puberty as a valid age for marriage under Sharia is a direct violation of the country’s law prohibiting child marriage and the law prohibiting sexual relations with minors. The legal age for marriage in the country shall be the same for every citizen as prescribed under the Prohibition of Child Marriage Act. If any person below the age of 18 is permitted to marry, it would inevitably result in a violation of the POCSO Act because marriage and physical relations cannot be separated from one another. Both these laws have been enacted in the interest of public health and national policy and are founded on a sound scientific approach. Therefore, no person can be exempted from these laws.

Editorial Perspective

To prevent different laws for different religions in India, it is essential to have a common law applicable to people of all religions. A Uniform Civil Code should be implemented across the country. The people must now exert pressure on the Union Government for this!