Against a recent ruling by the Punjab and Haryana High Court that stated a girl could be married under Muslim personal law once she reached puberty or the age of 15 years and over, regardless of the provisions of the Protection of Children from Sexual Offenses Act, the National Commission for the Protection of Child Rights (NCPCR) filed a formal notice of objection.
According to the Supreme Court, other courts would not be bound by the High Court’s ruling. When speaking on behalf of the NCPCR, Solicitor General Tushar Mehta stated, Marriages between 14- and 15-year-old females are common. In the face of laws like POCSO and the Indian Penal Code, which classify such marriages as crimes, can personal law and custom be invoked?
Recently, the Kerala High Court made the observation that POCSO regulations would be applicable regardless of whether the marriage was lawful or not if either the bride or the groom were minors.
Through its counsel, Swarupama Chaturvedi, the NCPCR has argued that laws like POCSO and the Prohibition of Child Marriage Act are secular in character and should apply to all segments of society.
The NCW had contended that the habit of getting married before turning 18 would put Muslim women at risk of harassment and abuse. It was capricious and prejudiced. The petition called for the implementation of the fundamental rights of Muslim girls under the age of majority who had entered into marriages, whether voluntarily or not.
The minimum age for marriage is 21 years for men and 18 years for women, according to the Indian Christian Marriage Act of 1872, the Parsi Marriage and Divorce Act of 1936, the Special Marriage Act of 1954, and the Hindu Marriage Act of 1955. However, the NCW appeal had said that under Muslim personal law in India, which is still not codified and consolidated, persons who have reached puberty are entitled to get married, that is, when they turn 15 years old, while they are still minors.
