The Supreme Court held the marriage of a 16-year-old girl right, said- ‘This child marriage is not’

New Delhi: The Supreme Court on Tuesday rejected the National Child Rights Protection Commission i.e. NCPCR’s petition, challenging the 2022 decision of the Punjab and Haryana High Court associated with the wedding of a 16 -year -old girl. The High Court had said in its judgment that a 16 -year -old Muslim girl can marry a Muslim man under Muslim personal law. The couple were also getting threats, due to which the court also provided them protection. Justice B.V. Nagratna and Justice R. Mahadevan’s bench said that NCPCR does not have any right in this matter, as it is an organization outside the trial.

‘There is no legal issue’

The bench of the Supreme Court questioned, ‘Why is the NCPCR challenging the order of the High Court in which a couple’s life and freedom were protected? It is strange that NCPCR, an organization for the safety of children, is challenging such decisions. The NCPCR counsel argued that it is a legal question whether a girl under the age of 18, can marry legitimate only on the basis of personal law. But the bench said that no legal question arises in this case. Justice Nagratna said, ‘There is no legal issue. You challenge in the right matter.

3 other petitions were also rejected

The court dismissed the NCPCR plea, saying, “If the High Court has given security to two people using its rights, then the NCPCR has no right to challenge it.” The court also turned down the demand of the NCPCR counsel which asked to keep the legal question open. In addition, three other petitions of NCPCR were also dismissed, which were challenging other similar orders of the High Court.

What was the decision of the High Court?

This decision of the Punjab and Haryana High Court came on the petition of a Muslim man, claiming that his girlfriend was illegally imprisoned in his house and wants to marry. The High Court noticed that the girl, who was 16 years old and had an adult under the Muslim Personal Law, is capable of marriage. The court quoted the book ‘Principal of Mohammedan Law’ as saying that when there is no evidence, puberty is considered when there is no evidence. On this basis, the girl and a boy over 21 years of age were allowed to marry and ordered their protection.

What was NCPCR argued?

NCPCR had argued that this decision of the High Court violates the Child Marriage Prohibition Act, 2006. Also, it is against the POCSO Act, 2012, which does not have the right to give valid consent to a child below 18 years of age. But the Supreme Court dismissed it and said that such cases should be seen from a different perspective. Justice Nagratna said during the hearing, “The POCSO Act is for criminal cases, but there are also some romantic cases, where the teenagers who have reached close to 18 years of love run and want to marry.”

‘This is not a criminal case’

The Supreme Court said, ‘Such cases should not be seen as criminal cases. If the girl loves a boy and her parents file a case under POCSO, then think how sad the girl is. We have to differentiate between criminal and romantic matters. ‘ In October 2022, the Supreme Court issued a notice on the NCPCR’s petition to consider the legal question, but there was no interference in the relief given to the couple. Senior advocate Rajasekhar Rao was appointed as Amikus Curie.

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