highlights
Muslim girl can get legal and valid marriage according to Personal Law Board- High Court
NCPCR had challenged the interim order of the Punjab-Haryana High Court in the Supreme Court
18 years of age fixed under POCSO law to have physical relationship
New Delhi. The Supreme Court said on Tuesday that the decision of the Punjab-Haryana High Court should not be seen as a Nazir, in which it had said that a 15-year-old Muslim girl should be sent to the Personal Law Board. ) can enter into a legal and valid marriage.
The Supreme Court gave this interim order while issuing notice on the petition of the National Commission for Protection of Child Rights (NCPCR). Challenging the decision of the Punjab-Haryana High Court, the NCPCR has said that under the POCSO Act, the age of 18 years has been fixed for having a physical relationship. In such a situation, the decision of the Punjab Haryana High Court is against the law which does not allow the marriage of a 15-year-old girl.
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On behalf of NCPCR, Solicitor General Tushar Mehta said that girls are being married off at the age of 14, 15, 16. Can illegal work be done under the guise of personal board? Looking at the POCSO law, how can the marriage of a minor be justified legally?
Chief Justice DY Chandrachud said that although now if a decision is taken on marriage, it will not be right. But this decision of the High Court should not be seen as an example. This matter will also be heard along with the rest of the petitions.
The Supreme Court has issued notice to the Haryana government and others in this matter, saying that the decision of the High Court should not be considered as a precedent in other cases. A bench of Chief Justice DY Chandrachud and Justice PS Narasimha said that we agree to consider these petitions. But further orders are pending and the decision of the High Court will not be considered as a precedent.
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Tags: Muslim Girls, NCPCR, supreme court
FIRST PUBLISHED : January 13, 2023, 16:33 IST
