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Synopsis

The Supreme Court today issued notice in the plea filed by National Commission for the Protection of Child Rights (NCPCR) against an order of the Punjab and Haryana High Court allowing a Muslim girl to enter into a valid marriage upon attaining puberty.

Notably, the age of attaining puberty is 15 years according to applicable personal laws in Islam.

CJI DY Chandrachud led bench was informed by SG Tushar Mehta, appearing for NCPCR, that the personal laws were being claimed as a defence to commit criminal acts in way of young girls being married off.

When the CJI said that he would issue notice, SG Mehta also prayed for a stay.

To this, CJI said, "If we stay then the girl, who is married to her maternal uncle, has to go back to her parents and she does not want to.."

However, the bench also comprising Justice Narasimha said that the impugned order of the High Court shall not be used as a precedent for other similar cases.

Moreover, Senior Advocate Rajshekar Rao has been appointed to assist the court in the matter as he is the Amicus in a similar case.

The challenge to the High Court’s order, through a Special Leave Petition (SLP) filed by NCPCR is on the grounds of violation of the Prohibition of Child Marriage Act and the Prevention of Children from Sexual Offences Act. Furthermore, the SLP filed through Advocate Swarupama Chaturvedi states that such laws are secular in nature, therefore the applicability cannot be hindered on the basis of religion. 

"Such a marriage would not be void in terms of Section 12 of the Prohibition of Child Marriage Act 2006," Justice Vikas Bahl of the Punjab and Haryana High Court had said in his order.

The High Court was considering a writ petition seeking a 16-year-old Muslim girl's release from a child custody agency in Panchkula as she wished to reside with her 26-year-old husband, Javed. The statement of the girl before the magistrate under section 164 CrPC had formed the basis of the writ.

The minor girls' advocate, Uday Chauhan had told the high court that she had run from the house along with the 26-year-old out of her own will as she wished to marry him. The Nikah was performed on July 27, 2022.

It is pertinent to note that this is the second such matter where the High Court granted such protection to a minor Muslim Girl. Earlier a 16-year-old girl had married a 21-year-old Muslim boy against families' wishes. The marriage was then challenged in the Supreme Court by the National Commission for Protection of Child Rights (NCPCR) in appeal.

Case Title: NCPCR vs. Javed