Can a Muslim girl enter into a Valid Marriage upon Attaining Puberty: Supreme Court to hear NCPCR’s plea on Child Marriage soon

Today (August 06, 2024), Solicitor General (SG) Tushar Mehta mentioned a petition before the Supreme Court (SC) bench led by Chief Justice of India DY Chnadrachud filed by the NCPCR (National Commission for Protection of Child Rights) seeking an early hearing. The plea was filed against the 2022 decision of the Punjab and Haryana High Court that allowed a Muslim girl to enter into a valid marriage upon attaining puberty even though she has not attained the age of majority, 18 years. Moreover, in 2022, the Kerela High Court took a contrary view and held that a marriage between Muslims under personal law is not excluded from the POCSO Act. The primary issue to be addressed in the current case is whether Muslim personal law allowing child marriages will prevail over the Prohibition of Child Marriage Act, 2006. 

While mentioning the matter today, the SG said, “There are different views taken by different High Courts. Whether child marriage is permitted or not in one religion or another religion. We are arguing on constitutional principles.” He added, “If that can be listed on priority on any Wednesday or Thursday....because new judgments are coming and we are multiplying the appeals.” The CJI said, “We have to settle the matter at once.” Therefore, agreed to list the matter for hearing at an early date.