SC Upholds Protection for 16-Year-Old Muslim Girl's Marriage, Rebukes NCPCR

New Delhi (The Uttam Hindu): The Supreme Court has upheld the High Court's decision to give protection to a 16-year-old Muslim girl and her husband, justifying her marriage. During the hearing on Tuesday, the apex court strongly reprimanded the National Commission for Protection of Child Rights (NCPCR) for raising questions on this marriage. The court said that when the High Court is giving protection to the minor girl and her child, then what objection does the Commission have to this?

This case is related to a 16-year-old Muslim girl (Ashiana) and her 30-year-old husband (Javed). According to Muslim Personal Law, a girl who has completed the age of 15 can marry a person of her choice. On this basis, the High Court not only considered their marriage valid, but also provided protection to the couple and their child in view of the threats being received from family members.

This decision was challenged by NCPCR in the Supreme Court. The commission had cited the young age of the girl and called it a violation of child marriage and POCSO Act.

On Tuesday, while hearing the case, a bench of Justice BV Nagarathna and Justice R Mahadevan expressed displeasure over the attitude of NCPCR. The bench said, "We are unable to understand what NCPCR finds wrong in the protection of minors?" Additional Solicitor General Aishwarya Bhati, appearing on behalf of the commission, argued that can a 15-year-old girl be legally and mentally competent for marriage on the basis of personal law?

On this, the court expressed disagreement and said that there is no question of law here. Justice Nagarathna reprimanded and said, "The girl is living with her husband, she also has a child. What is your problem? If the High Court has given the order using its authority under Article 226 of the Constitution, then how are you challenging it?"

The case highlights the conflict between Muslim Personal Law and the Prohibition of Child Marriage Act. The Prohibition of Child Marriage Act applies to citizens of all religions and sets a minimum age of marriage for girls at 18 years. Muslim Personal Law, on the other hand, considers girls eligible for marriage upon attaining puberty, for which the age of 15 is generally considered the basis. This decision of the Supreme Court has once again brought this debate to the centre stage.