Supreme Court Rejects NCPCR Plea On Reduced Marriage Age For Muslim Girls

The Supreme Court on Tuesday dismissed a plea filed by the National Commission for Protection of Child Rights (NCPCR) challenging the legal position that a minor Muslim girl can marry a person of her choice after attaining puberty.

A bench comprising Justices BV Nagarathna and R Mahadevan questioned the child rights body’s standing to file a special leave petition (SLP) against the Punjab and Haryana High Court order. The High Court had held that a Muslim girl can legally marry after the age of 15.

The counsel for NCPCR argued that the petition raised a legal question on whether a minor Muslim girl could enter into a valid marriage under personal law.

However, the Supreme Court rejected the plea, observing that the High Court’s order aimed to extend protection to the individuals involved and that NCPCR had no locus standi to challenge it.

Justice Nagarathna-led Bench clarified that it would not keep open the broader question of whether the age of marriage for a Muslim girl under personal law conflicted with other laws, including the Protection of Children from Sexual Offences (POCSO) Act.

Case Background

Earlier, the apex court had issued notices to the government and other stakeholders regarding the NCPCR plea, but emphasised that its decision not to stay the Punjab and Haryana High Court order should not be treated as precedent.

The High Court’s judgment came in response to a habeas corpus petition filed by a 26-year-old man against the detention of his 16-year-old wife in a children’s home in Panchkula. The court noted that such a marriage would not be void under Section 12 of the Prohibition of Child Marriage Act, 2006.

The NCPCR’s plea contended that sexual intercourse with a girl below 18 years constitutes sexual assault under the POCSO Act, and that marital status should not alter this legal protection.

In August last year, Solicitor General Tushar Mehta highlighted that varying rulings by different High Courts had led to multiple special leave petitions on the issue, urging the Supreme Court to adjudicate the matter urgently.

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