New Delhi: The Supreme Court has agreed to examine at an early date and settle the issue whether a Muslim girl who has attained puberty can marry under Muslim Personal laws, even if she has not attained the age of 18 years.
Different HCs have taken different views whether child marriage is permitted in one religion or not, SG Mehta told apex court
On Tuesday, the Solicitor General of India, Tushar Mehta, appearing for the National Commission for Protection of Child Rights (NCPCR), sought an early resolution to the problem, telling the court that different high courts in the country have taken different position on the issue of Muslim personal laws, which allows a Muslim girl the right to marry if she has attained puberty, prevailing over Prohibition of Child Marriage Act.
Tushar Mehta submitted to the court that “Different views have been taken by High courts, whether child marriage is permitted in one religion or not. This question has to be examined on constitutional principles.”
The incongruity in the views taken by the high courts emerged when the Punjab and Haryana High Court recently in its 2022 judgment held that a Muslim girl continues to be governed by the personal law of Muslims and 15 years is the age of puberty of a Muslim female, and on her own willingness and consent, after attaining puberty (15 years of age), she can marry a person of her choice and such a marriage would not be void in terms of Section 12 of the Prohibition of Child Marriage Act 2006.
When 2006 Act prohibits child marriage, same is applicable to all, irrespective of religion, Kerala HC ruled
But at the same time, Kerala High Court last month held that “When the Parliament enacted the Prohibition of Child Marriage Act, 2006, the same will prevail over personal laws as far as child marriage is concerned” and “When Act 2006 prohibits child marriage, the same is applicable to all, irrespective of religion, whether the parties are Hindus, Muslims, Christians, Parsi, etc.”
Other high courts have also recognised that Muslim girl who has attained puberty can marry
There are other judgments by the Patna High Court, Punjab and Haryana High Court and Delhi High Court that recognise that a Muslim girl who has attained puberty i.e., 15 years, can marry and such a marriage would not be a void marriage.
At the same time, there are a batch of judgments by High Courts of Gujarat, Karnataka, Delhi which hold that no Indian citizen on the ground of his belonging to a particular religion, can claim immunity from the application of Act 2006.
NCPCR had approached the Supreme Court challenging the 2022 Punjab and Haryana High Court judgment on the issue of child marriage.
