The Supreme Court of India has agreed to expedite its review of a plea concerning whether the Muslim personal law permitting child marriages can override the Prohibition of Child Marriage Act of 2006. This decision comes amid growing concerns about conflicting judgments from various High Courts on this issue.
On Tuesday, Solicitor General of India Tushar Mehta urged the Court to address the matter promptly, highlighting the need for a uniform legal stance due to disparate rulings from different High Courts.
The Supreme Court bench, comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, indicated that the case would be listed for early hearing.
The National Commission for Protection of Child Rights (NCPCR) had challenged a Punjab and Haryana High Court ruling that allowed Muslim girls, upon reaching puberty, to marry under Muslim Personal Law. The NCPCR's plea is based on concerns about the legality and implications of child marriages, which it argues violate existing national laws.
The Supreme Court had earlier directed that the Punjab and Haryana High Court's ruling, which permitted a 15-year-old Muslim girl to marry, should not serve as a precedent. The Solicitor General emphasised that the practice of marrying off young girls, as young as 14 or 15, persists, raising serious legal and ethical questions.
The National Commission for Women (NCW) had previously petitioned the Supreme Court to align the minimum marriage age for Muslim girls with the standard age of 18 applicable to other religions.
Currently, while the legal marriage age in India is 18 for women and 21 for men, Muslim personal law allows marriages to occur when a girl reaches puberty, which is often assumed to be around 15 years old.
The NCW’s argument centres on the assertion that allowing marriages at puberty is arbitrary and discriminatory. They argue that such practices are incompatible with the Protection of Children from Sexual Offences Act (POCSO), which prohibits anyone under 18 from consenting to sexual activities.
In June of the previous year, the High Court's ruling relied on Muslim Personal Law to justify a 15-year-old's ability to marry. The NCPCR's challenge highlights concerns about enforcing laws designed to protect minors.
The Commission asserts that the High Court’s decision contradicts the Prohibition of Child Marriage Act (PCMA) and POCSO, both of which are meant to shield children under 18 from early marriages and sexual exploitation.
The upcoming Supreme Court hearing is expected to address these issues comprehensively, aiming to clarify how personal laws intersect with statutory protections for children.
The decision will be crucial in shaping the legal landscape surrounding child marriages and ensuring that child protection laws are uniformly applied across all communities.
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