Is loving a crime? Top court rejects plea challenging validity of minor's marriage

The Supreme Court on Tuesday dismissed a petition filed by the National Commission for the Protection of Child Rights (NCPCR) over the issue related to the minimum age of marriage for Muslim girls.

In its petition, the NCPCR challenged a decision of the Punjab and the Haryana High Court that held the love marriage between a 21-year-old Muslim man and a 16-year-old Muslim girl as valid under the provisions of the Muslim Personal Law.

The Punjab and Haryana High Court had earlier ruled that under Muslim personal law, a girl can validly enter a marriage once she has attained puberty or is at least 15 years old.

The Supreme Court also rejected the petition of the National Commission for Women (NCW) against the order of the Punjab and the Haryana High Court on this issue.

During the hearing, a bench of Justice BV Nagarthana and Justice R Mahadevan questioned the commission for filing the petition, although it is not a party to the case. The court, while rejecting the petition, observed that the marriage took place with the consent of both the man and the girl.

While hearing the petition, Justice Nagarthna remarked that if the High Court gives protection to the two children, how can NCPCR challenge such an order?

"NCPCR cannot say that the two children should not be given protection. The commission has no right to challenge the order of the High Court," observed the bench.

The petitions sought safeguards against the misuse of the Protection of Children from Sexual Offences (POCSO) Act in cases of consensual adolescent relationships.

In its appeal, the NCPCR stated that such a ruling was in contravention of the Prohibition of Child Marriage Act, 2006 and the Protection of Children from Sexual Offences Act, 2012 (POCSO) Act, as it effectively allowed child marriage and sexual intercourse with children.

- Ends

With inputs from Bar and Bench