The Supreme Court has agreed to expedite its hearing on whether Muslim personal law, which allows child marriages, overrides the Prohibition of Child Marriage Act, 2006. The decision follows a request from Solicitor General Tushar Mehta, who emphasized the need for a swift resolution due to conflicting judgments from various High Courts.
A bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra has announced that it will schedule the matter for a prompt hearing, stating, “We need to settle this matter urgently.”
The National Commission for Protection of Child Rights (NCPCR) filed the plea challenging a Punjab and Haryana High Court ruling that allowed a Muslim girl, upon reaching puberty, to legally marry under Muslim personal law. The NCPCR argued that the High Court’s decision should not serve as a precedent in other cases.
The Solicitor General highlighted concerns about underage Muslim girls—aged 14, 15, and 16—being married, and the National Commission for Women (NCW) previously sought to align the minimum marriage age for Muslim girls with the national standard, which is 18 for women and 21 for men.
The NCW contended that permitting marriage at puberty (around age 15) for Muslim girls is arbitrary and discriminatory, violating penal laws such as the Protection of Children from Sexual Offences Act (POCSO) and undermining the fundamental rights of minor Muslim women.
In its June ruling, the High Court had cited Muslim Personal Law to determine that a 15-year-old Muslim girl could legally marry. The NCPCR challenged this on the grounds that it contravenes the Prohibition of Child Marriage Act, a secular law intended to protect all children under 18. The NCPCR’s plea also emphasizes that POCSO prohibits any child below 18 from giving valid consent.
