New Delhi: The Supreme Court of India has agreed to examine the National Commission for Protection of Child Rights’ plea challenging orders of the Punjab and Haryana High Court allowing Muslim girls to marry a person of their choice after attaining puberty.
As per reports, the Supreme Court said that the High Court judgment, which held that a Muslim girl aged 15 years can enter into a legal and valid marriage as per personal law, should not be relied on as a precedent in any other case.
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The court has already issued notices to the Haryana government and others and appointed senior advocate Rajshekhar Rao to assist the court. A bench of Chief Justice DY Chandrachud and Justice PS Narasimha said, “We are inclined to entertain these writ petitions. Issue notice. Pending further orders, impugned judgment (of HC) shall not be relied upon as precedent.”
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It may be mentioned Solicitor General Tushar Mehta submitted that Muslim girls who are 14, 15, and 16 years old are getting married.
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He asked “Can there be a defence of personal law? Can you plead custom or personal law as a defence against a criminal offence?”
In Muslim personal law, the age of attaining puberty is 15 years.
Earlier a habeas corpus petition was heard by the High Court filed by a 26-year-old man against the detention of his 16-year-old wife in a children’s home in Panchkula.
The court hearing observed that as per personal law, a Muslim female attains puberty at the age of 15 years.
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Based on this, the court said that she can marry the person she wants to on her own willingness and consent.
The court stated, “Such a marriage would not be void in terms of Section 12 of the Prohibition of Child Marriage Act 2006.”