Supreme Court to Expedite Hearing on Clash Between Muslim Personal Law and Child Marriage Prohibition Act

The Supreme Court has agreed to an early hearing on whether Muslim personal law allowing child marriages conflicts with the Prohibition of Child Marriage Act, 2006. The Solicitor General requested the matter to be resolved soon due to differing High Court judgments and significant implications for minors' rights.

The Supreme Court on Tuesday agreed to an early hearing to determine if Muslim personal law, which allows child marriages, will prevail over the Prohibition of Child Marriage Act, 2006. The issue couldn't be heard today, prompting Solicitor General Tushar Mehta to request a swift resolution given the conflicting judgments from various High Courts.

A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra confirmed the matter will be listed soon, emphasizing the urgency in resolving the issue. 'We have to settle the matter at once,' stated the court.

The National Commission for Protection of Child Rights (NCPCR) approached the apex court challenging a Punjab and Haryana High Court order. The order stated that a Muslim girl, upon attaining puberty, is competent to marry a person of her choice under Muslim Personal Law. Notices were issued to the respondents in response to NCPCR's plea.

The top court had earlier directed that the High Court's ruling, which allowed a 15-year-old Muslim girl to legally marry as per personal law, should not serve as a precedent. Solicitor General Mehta pointed out that Muslim girls aged 14 to 16 are increasingly entering into marriages.

Previously, the National Commission for Women (NCW) petitioned the Supreme Court to align the minimum marriage age for Muslim girls with that of other religions. In India, the legal marriage age is currently 18 for women and 21 for men, while for Muslim women, it is determined by puberty, generally assumed to be 15 years.

The NCW argued such allowances for Muslims are arbitrary, irrational, and discriminatory, contradicting penal laws. The plea emphasized that the Protection of Children from Sexual Offences Act (POCSO) doesn't permit minors under 18 to consent to sex.

The plea sought to enforce the fundamental rights of minor Muslim women by harmonizing Islamic personal law with applicable penal laws. Citing provisions from the Muslim Personal Law, a High Court ruling last year held a 15-year-old Muslim girl could marry by her choice.

The NCPCR aims to ensure statutory laws protecting children under 18 are properly implemented. It highlighted the Prohibition of Child Marriage Act (PCMA) 2006 and POCSO to justify challenging the High Court's decision.

NCPCR stated the ruling violated PCMA, a secular law applicable to all, stressing that POCSO's provisions prohibit children under 18 from giving valid consent.

(With inputs from agencies.)