NCPCR move to SC challenging HC order upholding marriage of 16-year-old girl under Muslim law
30 Aug 2022 11:41:45
New Delhi, August 30: The National Commission for the Protection of Child Rights has moved the Supreme Court to challenge the Punjab Hight court's order, which said Muslim girls over 16 years old are competent to enter into a contract of marriage with a person of her choice as per Muslim laws.
As per the reports, the commission, through advocate Swarupama Chaturvedi, challenged the June order on grounds of violation of the Prohibition of Child Marriage Act and the Prevention of Children from Sexual Offences Act.
It should be noted that, a single judge bench of justice Jasjit Singh Bedi on a plea by a Pathankot base Muslim couple that had approached the court seeking protection after allegedly being threatened by their families for marrying without their permission.
The case pertains to the couple- a 16-year-old-girl and a 21-year-old man, who got married as per Muslim rites and ceremonies.
After hearing both sides, the court observed that both the petitioners were of marriageable age as envisaged by Muslim Personal Law. As per Muslim law, puberty and majority are one and the same and it is presumed that a person attains majority at the age of 15 years.
Last week, Delhi high court also passed similar kind of verdict and said that a girl, who has attained puberty, can marry without the consent of her parents under Muslim laws. It further said provisions of the Protection of Children from Sexual Offences (POCSO) act will not apply to the husband.
.
.