Top court to examine if Muslim girl competent to marry at age of 16
- October 18, 2022
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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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.