Hearing in Supreme Court on marriage of Muslim girls today

Hearing in Supreme Court on the marriage of Muslim girls today: Punjab-Haryana High Court considered the marriage of a 15-year-old Muslim girl valid; SC stayed

Sat, 14 Jan 2023 10:38 AM (IST)
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Hearing in Supreme Court on marriage of Muslim girls today

The Supreme Court will hear whether a Muslim girl above 15 years of age can marry of her choice. The Supreme Court has accepted the petition of the National Commission for Protection of Child Rights against the decision of the Punjab and Haryana High Court.
The single bench of the Punjab and Haryana High Court gave an important decision in June 2022. According to the judgement, a Muslim girl below the age of 18 is free to marry off of her own free will. The court cited Islamic law behind this.
The SC has also put a stay on not taking the High Court's decision as a precedent till further orders. Chief Justice DY Chandrachud said that we will tag all the cases and list the matter after three weeks. In November 2022, the Supreme Court issued a notice to the Punjab government in a similar case.
The Child Commission has said that the High Court judgment allows child marriage and is in violation of the Prohibition of Child Marriage Act, 2006. The petition states that the provisions of the Act are secular and apply to all religions. Under the POCSO law, the age of 18 years has been fixed for having a physical relationship. In such a situation, the decision of the Punjab and Haryana High Court is against the POCSO Act.
On behalf of the Commission, Solicitor General Tushar Mehta also said that girls are being married at the age of fewer than 18 years. Can illegal work be done under the guise of the personal board? How can the marriage of a minor be justified in view of the POCSO Act?
A loving couple married on 8 June 2022 under Muslim customs. After this, the lover couple reached the High Court seeking protection and told their family about the threat to their lives. While hearing the matter, the High Court said that the marriage of Muslims is governed by Muslim Personal Law. Under this, any person who attains sexual maturity is considered eligible for marriage. If a Muslim boy or girl becomes young, they are free to marry whomever they want. In such a situation, there is no interference from the parents. Along with this, it is also clarified that in the absence of proof, then the age of 15 years is considered marriageable. The High Court said that every citizen of the country has the right to protect life and liberty.

Muskan Kumawat Journalist & Writer