The Supreme Court on Tuesday dismissed a petition filed by the National Commission for Protection of Child Rights (NCPCR) challenging the Delhi High Court’s ruling that a 16-year-old Muslim girl can marry of her own choice under Muslim Personal Law.
A bench comprising Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra said, “We cannot issue any order against marriages conducted under personal laws of different communities.”
NCPCR had argued that the High Court’s decision was contrary to child protection laws, particularly the POCSO Act, which sets the minimum age for marriage at 18.
The High Court had upheld the validity of a 16-year-old Muslim girl’s marriage, stating that under Muslim Personal Law, a girl is considered competent to marry once she attains puberty. The court noted that if a girl has attained puberty after the age of 15, she is legally entitled to marry by her choice.
It is noteworthy that the High Court’s ruling came in the context of a case filed under the POCSO Act, which treats the marriage of a minor girl as invalid. The High Court had observed that different communities have their own personal laws, and judgments must be made accordingly.
The Supreme Court has now upheld the High Court’s decision and dismissed NCPCR’s plea.
