Top court to examine if Muslim girl competent to marry at age of 16

Subject: Fundamental Rights

Context:

The Supreme Court will examine the question whether a Muslim girl who had attained 16 years of age is competent to enter into a contract of marriage with a person of her choice given the ban on child marriages.
SC bench will comprise Justices S K Kaul and A S Oka.
Senior AdvocateRajshekhar Rao has been appointed as amicus curiae in the matter.
The matter has now been listed on November 7, 2022 for future hearin

History of the Case:

The case is related to a Punjab and Haryana High Court decision.
The High Court had recognised the marriage of a 16-year-old Muslim girl of her own free will in this decision.
According to the High Court, marriage of girls after puberty (menstruation) is permissible under Muslim Personal Law.
The National Commission for the Protection of Child Rights has filed an appeal with the Supreme Court.

Legality Involved:

The High Court had allowed this citing Muslim Personal Law while disposing of a protection plea of a Muslim couple.
According to Muslim Personel law Article 195 from the book Principles of Mohammedan Law by Sir DinshahFardunji Mulla, puberty and majority are one and the same, and that there is a presumption that a person attains majority at the age of 15 years.
The Delhi High Court had issued a similar order some time ago. The marriage of a Muslim girl over the age of 15 and a Muslim boy over the age of 25 was upheld by the Delhi High Court.

Issues Involved:

According to NCPCR’s petition, the High Court’s ruling is essentially allowing a child marriage and this violative of the Prohibition of Child Marriage Act,2006.