THE SUPREME COURT IS SET TO HEAR THE NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS (NCPCR)'S PLEA CONCERNING THE VALIDITY OF MARRIAGES INVOLVING MUSLIM GIRLS UPON ATTAINING PUBERTY
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The solicitor General of India namely Tushar Mehta has asserted the constitutional principles concerning the validity of child marriages as allowed by certain personal laws. The decision was made in NCPCR V. Javed.
Key Aspects:
The Court highlighted several key considerations:
It is important to note that the minimum age for a lawful marriage is 18 and 21 for women and men respectively.
Personal laws of Muslims allow for a girl to get married after attaining puberty, irrespective of her reaching 18 years.
The National Commission for Women (NCW) opined that the personal law allowing Muslim girls to marry before 18 years can be said to be arbitrary and discriminatory.
It is pertinent to take note of the case Javed v. State of Haryana, wherein the Punjab and Haryana High Court gave a verdict allowing a Muslim girl to enter into a lawful marriage after she attained puberty, irrespective of her attaining the age of majority. Consequently, the NCPCR has appealed against the decision pronounced by the Punjab and Haryana High Court.
It is crucial to note that the Punjab and Haryana High Court has opined that any Muslim girl who is aged 15 years or above can enter into a lawful marriage by providing her willingness and consent, and such act shall not be violative of the Prohibition of Child Marriage Act, 2006. The Protection of Children from Sexual Offences Act (POCSO) does not provide for those under 18 to consent to sex.
On January 13, the apex court noted that the case of Javed v. Haryana cannot be used as precedent in any other case. The apex court shall hear the matter on the issue of whether child marriages allowed by the Muslim community prevail over the Prohibition of Child Marriage Act, 2006. The court shall also decide on the choice of a minor girl of the Muslim community to marry an individual according to her choice as she attains puberty.
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WRITTEN BY: PATHI HRUDAYA REDDY
GUIDED BY: ADVOCATE ANIK
