India / Supreme Court has commented on the decision of the High Court regarding the age

Supreme Court on Muslim girls matter: The minimum age of girls for marriage has been fixed at 18 years but in Muslim personal law girls who have crossed puberty are considered eligible for marriage. A decision related to this was given by the Punjab and Haryana High Court, on which the Supreme Court has commented. The Supreme Court said that the decision of the Punjab and Haryana High Court in Javed vs. State of Haryana and other cases should not be taken as precedent. The High Court had said in its decision that a 15-year-old Muslim girl who has attained puberty can marry under personal law. A bench of Chief Justice DY Chandrachud and Justice PS Narasimha passed the interim order while issuing notice in a special leave petition filed by the National Commission for Protection of Child Rights.

Solicitor General Tushar Mehta appeared on behalf of NCPCR.

The High Court's decision was challenged on the ground that it was against the Protection of Children from Sexual Offenses Act which sets the age of 18 for sexual consent. Solicitor General of India Tushar Mehta, appearing for the National Commission for Protection of Child Rights (NCPCR), expressed concern about personal law being used to defend offenses under POCSO. The solicitor said that girls of 14 years, 15 years and 16 years are getting married. Can personal law protect it? Can you plead Custom or Personal Law for a criminal offence? This interim order has been given by a bench of Chief Justice DY Chandrachud and Justice PS Narasimha on the petition of the National Child Rights Protection (NCPCR) Commission. In the case, the Supreme Court has also issued a notice to the petitioner in the High Court. On behalf of NCPCR, Solicitor General Tushar Mehta told the court that the marriage of 15, 16-year-old girls is being called legally valid, which is contrary to the POCSO law. Can this be allowed in the name of personal law?

Supreme Court is ready for further hearing

Let us tell you that the Supreme Court has refused to stay the decision of the High Court for the time being but has agreed to hear the matter further. Significantly, the National Commission for Protection of Child Rights (NCPCR) protects the rights of minor children. Along with this, the Women's Commission has also demanded that the sections of criminal law should be equal for all religions.