Supreme Court to Decide on Child Marriage Laws for Muslim Girls in India
The Supreme Court of India will soon hear a case to determine if Muslim personal law allowing child marriages overrides the Prohibition of Child Marriage Act, 2006. The National Commission for Protection of Child Rights (NCPCR) challenged a Punjab and Haryana High Court ruling that allowed Muslim girls to marry at 15. The court aims to resolve conflicting judgments from different High Courts.
Solicitor General of India Tushar Mehta requested an early hearing, emphasizing the need for a quick resolution. A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra agreed to list the matter soon.
The National Commission for Women (NCW) also approached the Supreme Court to make the minimum age of marriage for Muslim girls the same as for other religions. Currently, the minimum age for marriage in India is 18 for women and 21 for men, but for Muslim women, it is when they attain puberty, presumed to be around 15 years.
The NCPCR and NCW argue that allowing Muslim girls to marry at 15 is arbitrary, irrational, and discriminatory, violating penal laws like the Protection of Children from Sexual Offences Act (POCSO), which does not allow those under 18 to consent to sex.
The Supreme Court had previously directed that the High Court’s order should not be used as a precedent in other cases. The NCPCR seeks to ensure the proper implementation of laws protecting children under 18, highlighting the Prohibition of Child Marriage Act (PCMA) 2006 and POCSO.
Doubts Revealed
Supreme Court -: The Supreme Court is the highest court in India. It makes important decisions about laws and rights.
Child Marriage -: Child marriage is when children, usually under 18, get married. It is illegal in many places because it can harm children.
Muslim personal law -: Muslim personal law is a set of rules based on Islamic teachings that some Muslims follow for family matters like marriage and inheritance.
Prohibition of Child Marriage Act, 2006 -: This is a law in India that makes it illegal for children under 18 to get married.
National Commission for Protection of Child Rights (NCPCR) -: NCPCR is a group in India that works to protect the rights of children and make sure they are safe and healthy.
Punjab and Haryana High Court -: This is a court that makes legal decisions for the states of Punjab and Haryana in India.
National Commission for Women -: This is a group in India that works to protect and promote the rights of women.
minimum marriage age -: This is the youngest age at which a person is legally allowed to get married. In many places, it is 18 years old.
