New Delhi, August 7: The Supreme Court has agreed to examine a critical legal issue: Can a minor Muslim girl marry a man of her choice upon reaching puberty at 15? The decision follows a plea from Solicitor General Tushar Mehta, who urged the court to address the matter swiftly due to conflicting judgments from various high courts, reported the Tribune India.
“There are different views taken by different high courts. Whether child marriage is permitted or not in one religion or another. We are arguing on constitutional principles,” Mehta stated, emphasizing the urgency of resolving the issue to prevent the multiplication of conflicting appeals.
The controversy arose from a Punjab and Haryana High Court ruling that under Muslim Personal Law, a minor Muslim girl is permitted to marry upon attaining puberty. The National Commission for Protection of Child Rights (NCPCR) has challenged this decision, arguing that the Prohibition of Child Marriage Act, 2006, should take precedence over personal laws.
Chief Justice of India DY Chandrachud has assured that the matter will be listed for priority hearing. The Supreme Court had previously issued notices to the Haryana government and others, appointing senior advocate Rajshekhar Rao as amicus curiae to assist in the case. The apex court noted that the High Court verdict could not be treated as a precedent.
In 2022, the Punjab and Haryana High Court ruled that a Muslim girl who has attained puberty can enter into a lawful marriage, despite not reaching the age of majority, which is 18 years. Conversely, the Kerala High Court held that the 2006 Act’s provisions should prevail over personal laws, creating a legal dichotomy that the Supreme Court now seeks to resolve.
The forthcoming Supreme Court decision will address whether the Prohibition of Child Marriage Act can override Muslim Personal Law, potentially setting a significant legal precedent in the country.
