New Delhi, August 19: The Supreme Court on Tuesday dismissed a petition filed by the National Commission for Protection of Child Rights (NCPCR) challenging a 2022 Punjab and Haryana High Court ruling that allowed a 16-year-old Muslim girl to marry after attaining puberty under Muslim personal law.
A bench of Justices BV Nagarathna and R Mahadevan said NCPCR had “no locus” to contest the order, observing that the child rights body, meant to protect children, was ironically opposing a protection order granted by the High Court.
NCPCR had argued that the judgment conflicted with the Prohibition of Child Marriage Act, 2006, and POCSO, both of which fix 18 as the minimum age for valid consent. The court, however, held that no substantial question of law arose in the case and dismissed similar petitions filed by the Commission.
The issue of minimum marriage age for Muslim women remains contentious, as personal law permits marriage after puberty, usually presumed at 15, while statutory law prescribes 18.
