Supreme Court to Soon Decide on NCPCR’s Plea: WILL CHILD MARRIAGE LAW OVERRIDE MUSLIM PERSONAL LAW?
Last Updated on August 6, 2024 by NewsDesk SLC
The Supreme Court has decided to fast-track a hearing on whether Muslim personal law permitting child marriages should take precedence over the Prohibition of Child Marriage Act, 2006. This decision has come at a time when different Courts of Appeal have made diverse decisions on the matter thus calling for a clear stand on this matter.
The National Commission for Protection of Child Rights (NCPCR) moved court against a recent order passed by the Punjab and Haryana High Court which stated that any Muslim girl above the age of puberty can marry anyone they want, even if she is below 18 years of age. This order violates the provisions of the Protection of Children from Sexual Offenses Act of 2012 that deems sexual activities with children as unlawful. It also goes against a recent judgment delivered by the Kerala High Court stating that Muslim marriages are not excluded from the provisions under POCSO Act that prohibits sexual activities with children.
Solicitor General Tushar Mehta, representing the NCPCR, emphasized the constitutional principles at stake and the pressing need for resolution, given the divergent High Court rulings. Chief Justice of India Justice DY Chandrachud acknowledged the gravity of the situation, stating, “We have to settle the matter at once.”
The key essential concerning the case is conflict between religious personal and secular legislation with regards to protection of children. The legal scenario in this regard is that although the Prohibition of Child Marriage Act, 2006, has prescribed 18 years as the minimum marrying age for girls, some legal interpretations of the Muslim personal law allow marriage at puberty.
The core issues revolves around the rights of religious freedom against child protection in a secular and multicultural nation. It also leads to the question of common civil code of different religious groups in India amid the ongoing issue.
The fact that the Supreme Court has given priority to this hearing aptly demonstrates the enormity of the case. A clear ruling could affect millions of young girls either by confirming their rights under the secular law or denying them by arguing that they are protected under personal religious law in matters of marriage and family.
With the court preparing for the hearing, the legal professionals, advocates for child’s rights, and religious leaders are closely watching the case. The outcome could provide a significant legal footing on how India resolves the conflict between personal law and secular law especially for the protection of the minor girls.
With the Supreme Court involvement there is an opportunity to achieve order which will help to clarify a lot for lower courts, police force and most importantly for protection of children throughout all communities in India .
Case Law: National Commission For Protection Of Child Rights (NCPCR) Vs Javed and Others.
Written By: Amit Kumar Patra
