SC directs not to issue orders based on Punjab-Allahabad HC verdict that allows Muslim girls to marry after attaining puberty
NEW DELHI: The Supreme Court has directed not to issue orders in other cases based on Punjab-Haryana High Court judgement which allows Muslim girls to marry at the age of 16. The order was given by a bench comprising of Chief Justice DY Chandrachud and Justice PS Narasimha while considering a special petition filed by the National Commission for Protection of Child Rights (NCPCR) challenging the verdict. The High Court ruled that a Muslim girl can marry a person of her choice after attaining puberty.
But the NCPCR has argued that marrying girls below 18 is a violation of the POCSO Act. A person below the age of 18 is considered as a child under the POCSO Act. Solicitor General Tushar Mehta, appearing for the commission, pointed out that girls up to the age of 14 are getting married. The Supreme Court issued notice to the opposing parties on the Commission's plea.
However, the Supreme Court did not accept the request to stay the High Court verdict. If the verdict is stayed, the girl will have to go back to her parents. The court pointed out that the girl did not like it. But the Solicitor General pointed out that based on the judgment of the Punjab-Haryana High Court, similar judgments are being issued in other cases. Subsequently, the Supreme Court directed not to issue orders based on this judgment in other cases.