The Delhi high court has said that the Prohibition of Child Marriage Act will override all personal laws that permit this menace. A full bench said the legislature must make the law stringent to completely ban child marriage.
The PCM Act makes marriage with a girl voidable, not void, which means if a girl married as a child doesn't go to court to get the marriage cancelled after becoming a major, it will become a valid marriage. The bench said that it is shocked that despite child marriage being such a social evil, the legislature has not penalized it. It further made it clear that consummation of marriage with a girl below the age of 15 amounts to raping her despite her consent and the man is not protected by the personal law of his religion.
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