New Delhi: The Supreme Court on Tuesday dismissed a petition filed by the National Commission for Protection of Child Rights (NCPCR) against a Punjab and Haryana High Court ruling that upheld the validity of a 16-year-old Muslim girl’s marriage under personal law, reported the Mint.
A bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan ruled that the child rights body had no locus standi to challenge the High Court order delivered in 2022. The order had granted protection to the girl and her husband after they faced threats from family members.
The judges questioned the role of the NCPCR in opposing the relief provided by the High Court. “Why should the NCPCR be challenging an order of the High Court granting protection to the life and liberty of the couple? It is strange that the NCPCR, which is for protecting children, has challenged such an order,” the bench observed.
The NCPCR argued that permitting a marriage below 18 years violated the Prohibition of Child Marriage Act, 2006, and undermined the Protection of Children from Sexual Offences (POCSO) Act, 2012. However, the apex court dismissed this contention, stating that “no question of law arises” in the case.
The Punjab and Haryana High Court, in its earlier judgment, had relied on Muslim Personal Law, which recognises the right of a girl who has attained puberty—presumed at 15 years—to marry. The court ruled that the 16-year-old was competent to enter into a marriage contract with a person of her choice.
During the hearing, Justice Nagarathna also remarked on the need to differentiate between criminal cases and consensual relationships involving teenagers nearing majority. “There are genuine romantic cases where teenagers want to marry. Don’t read such cases the same as criminal cases,” she observed, stressing that misuse of POCSO in such cases often causes trauma to the girl involved.
With the dismissal of the NCPCR plea, the High Court’s order protecting the young couple stands.
