The local Administration Department of the Kerala Government on Friday issued a circular making 18 and 21 the age for marriage for Muslim girls and boys respectively. This order replaces the circular issued by the department earlier asking local bodies registrars to register Muslim marriages of girls above 16 years of age and boys below 21.
The fresh circular was issued following widespread protests against the earlier one which, according to lawyers, violated the provisions of the Child Marriages Prohibition Act of 2006. Prominent Muslim individuals and women’s organisations had opposed the earlier circular saying that it would only lead to denial of basic rights to Muslim girls.
The State Government had on Thursday assured the Kerala High Court that a fresh order to replace the earlier one would be issued within two weeks. The earlier order was found to have been issued on the basis of a law that had never existed in India. The law which formed the basis of that circular was actually passed in Jamaica, not India, in 1957, it was found.
As per the new circular, marriages of under-18 Muslim girls held till Thursday could be registered at the local bodies. Eighteen years of age for girls and 21 for boys would be mandatory for Muslim marriages being held from Friday, according to the fresh circular. Still, the new order has no reference to the errors in the earlier one.
However, legal experts point out that the move to legalise marriages of under-18 girls held till Thursday also would meet with legal problems. It was not clear how the Government was going to legitimately register marriage of under-18 girls and under-21 boys held till the other day as it would be violation of the Child Marriages Prohibition Act.
The local Administration Department admits that such registrations would not have legal validity but it would be useful only for purposes like getting passports and birth certificates. The Government had issued the earlier order on the pretext that it was to help those who had difficulties in migrating to Gulf countries which asked for marriage certificates for issuing visas.
The Government of the Congress-led UDF in which the Muslim league is the second largest constituent had come under pressure over the earlier circular which was described by critics as part of a move to legitimise child marriages being held in the Muslim community. The local Administration Department, which issued it, is ruled by Muslim league’s Minister MK Muneer.
When the earlier circular triggered a controversy, the Government and the Muslim league had tried to justify it saying that the intention was to legitimise marriages of under-18 girls and under-21 boys that had already been held and not for making 16 and 18 marriageable age for girls and boys. However, this had not been mentioned anywhere in the circular.
Meanwhile, Kanthapuram AP Aboobacker Musliyar, an influential Sunny Muslim leader based in Kozhikode, called for making 16 the minimum age of marriage for Muslim girls. “It need not be seen as child marriage. It would prevent girls from going ‘astray’. Other religions also could follow this,” he said, inviting instant protests from youth organisations.