New Delhi: The Supreme Court of India firmly rejected a petition by the National Commission for Protection of Child Rights (NCPCR) seeking to overturn a Punjab and Haryana High Court order. That prior ruling had granted legal protection to a 16-year-old Muslim woman, her husband, and their child against potential threats from family members. The Supreme Court held that the NCPCR, being a non-party to the litigation, lacked the legal standing—or “locus standi”—to challenge such protective orders.
The High Court had ruled in 2022 that under Muslim personal law, a girl who has reached puberty—typically understood to be 15 or older—is competent to choose a spouse. It exercised its authority under Article 226 of the Constitution to extend safeguards to the young couple. During Monday’s hearing, the Supreme Court questioned the NCPCR’s role in opposing a ruling meant to secure the minor’s safety. “If two minor children are protected by the High Court, how can NCPCR challenge such an order?” remarked the bench, expressing confusion over how protection could be grounds for grievance.
Moreover, the bench dismissed the notion that the case presented legal questions needing adjudication under POCSO or child marriage laws. It noted that the court’s primary focus was on ensuring the life and liberty of vulnerable individuals, not on settling abstract legal debates—such issues could be raised in suitable cases.
In doing so, the Supreme Court reaffirmed the High Court’s protective decree and made clear that third-party bodies must have appropriate standing before seeking intervention in family welfare matters.
