Can Supreme Court Protect Minor Muslim Girls From Child Marriages? CJI To 'Settle Matter At Once' On NCPCR's Plea

Citing different judgments given by different high courts on the marriages of minor Muslim girls, the National Commission for Protection of Child Rights (NCPCR) urged the Supreme Court to urgently hear the matter.

Chief Justice of India D Y Chandrachud agreed to list the plea, seeking an authoritative ruling on whether the secular law prohibiting child marriage takes precedence over Muslim personal law, for an urgent hearing.

Solicitor General Tushar Mehta said, "The issue is whether child marriage is permitted or not in one religion or another religion. We (NCPCR) are arguing on constitutional principles."

He highlighted that some high courts are considering personal laws, resulting in conflicting judgments, which could lead to numerous special leave petitions (SLPs) being filed in the Supreme Court.

The CJI agreed, "We have to settle the matter at once." Justices JB Pardiwala and Manoj Misra were also part of the three-judge bench, which was urged by Mehta for an early hearing.

In 2022, the Punjab and Haryana High Court, in its judgment in the case titled 'Javed vs State of Haryana,' ruled that a Muslim girl who has attained puberty can legally marry, even if she has not reached the age of majority under secular laws.

The Supreme Court, when issuing a notice on the plea by the NCPCR, stated that the Punjab and Haryana High Court's judgment should not be used as a precedent in other cases.

Subsequently, the Kerala High Court has taken an opposing stance, ruling that a marriage between Muslims under personal law is not exempt from the POCSO Act. Under this Act, an individual can be prosecuted for the sexual abuse of a minor.