The Supreme Court on Tuesday agreed to consider the child rights panel’s plea for early listing of its special leave petition challenging a Punjab and Haryana High Court judgment that Muslim minor girls are entitled to marry under their personal law despite it being an offence under Pocso and the Child Marriages Restraint Act, 2006.
Chief Justice of India D.Y. Chandrachud gave the assurance to solicitor-general Tushar Mehta after the matter, which was listed for hearing on Tuesday, could not be taken up for hearing due to time constraints. Mehta was appearing for the National Commission for Protection of Child Rights (NCPCR).
Mehta told the bench comprising Justice J.B. Pardiwala and Justice Manoj Misra that they should clarify the legal issue as different high courts were passing conflicting judgments on the interpretation relating to the law on the subject. “Different views are being taken by different high courts. The issue is whether child marriage is permitted or not in one religion or another religion…,” Mehta said while seeking listing of the matter “on priority” on “any Wednesday or Thursday”. On Tuesdays, Wednesdays and Thursdays, the court normally takes up non-miscellaneous or old matters for hearing.
The solicitor-general said: “New judgments from different high courts have been delivered and multiplying the appeal…” The CJI then remarked: “We have to settle the matter at once,” but did not specify any particular date for hearing.
The NCPCR had filed the appeal in January 2023 in which the SC had issued an interim directive that the Punjab and Haryana High Court order, which allowed a Muslim girl to enter into a valid marriage upon attaining puberty, shall not be treated as precedent by other courts in India, but refrained from staying the impugned judgment as it would otherwise affect the interest of the minor.
The age of attaining puberty is 15 years according to applicable personal laws in Islam. The NCPCR in its appeal had contended that Muslim girls as young as 14 years are being married under the personal law, which cannot be treated as a defence.
