NCPCR challenges High Court ruling on Muslim minor girl's marriage in Supreme Court

New Delhi: The National Commission for the Protection of Child Rights (NCPCR) has moved the Supreme Court against a recent ruling by a high court stating that Muslim girls can marry once they attain puberty.

On Saturday, advocate Swarupama Chaturvedi filed a special leave petition, on behalf of the NCPCR, challenged the recent order by the Punjab and Haryana High Court that said in June, a Muslim girl, over 16 years of age, is competent to marry a person of her choice.

A report in Economic Times said that the apex body said that the ruling was not just a violation of the Prohibition of Child Marriage Act, 2006, but also the Protection of Children from Sexual Offences (POCSO).

The POCSO is a legislation to protect children from sexual crimes.

The NCPCR on its part has said that the ruling is in contradiction with other laws that govern child rights in the cuntry. An official added that as a body meant for child protection, it is the NCPCR’s responsibility to protect the life and liberty of all children and in their view the ruling is a violation of two laws.

As per the official, the ruling violates the PCM act, that is a general secular law not distinguishing between religions and the POCSO Act that does not distinguish between married and unmarried girls.

“The ruling is indirectly affirming a child marriage and not only violating existing laws. Child protection laws cannot be seen as separate from Article 21. In fact they strengthen the right to life,” the official said.

The official added that there is also a Delhi High Court order from a month back which did not affirm the marriage of a minor citing it to be a violation of POCSO and so they want to know how can there be conflicting views on the same.

The Punjab and Haryana HC’s assertion came during a petition filed by a Muslim couple, who solemnised their marriage in June as per Muslim rites.

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