Supreme Court: NCPCR’s Plea Against Marriage of 16-Year-Old Muslim Girl Rejected

The Supreme Court has rejected the National Commission for Protection of Child Rights (NCPCR)’s petition challenging the Punjab and Haryana High Court’s decision regarding the marriage of a 16-year-old Muslim girl. The court strongly criticized the NCPCR, stating that it had no grounds to file the petition. Justices B.V. Nagarathna and R. Mahadevan presided over the case and dismissed the NCPCR’s special leave petition. The NCPCR had challenged a 2022 ruling by the Punjab and Haryana High Court. This ruling stated that a 16-year-old Muslim girl could enter into a valid marriage with a Muslim man and be protected from any threats. The Supreme Court questioned the NCPCR’s attempt to challenge the High Court’s order, particularly given the High Court’s intent to protect two minors. During a prior hearing, the Solicitor General, Tushar Mehta, mentioned that various High Courts had different opinions on the subject. The CJI indicated that a resolution would be reached soon. The court has previously noted that in Islam, marriage is valid after reaching sexual maturity, so the POCSO Act and abduction charges are not applicable. The NCPCR contested the Punjab and Haryana High Court’s decision, citing the POCSO Act’s age limit of 18 for physical relations. However, the High Court’s decision did not prohibit the marriage of a 16-year-old. The High Court decided that determining the girl’s age was the trial court’s role, and no relief was given to the petitioner. The minor had testified before a magistrate in 2024, expressing her wish not to stay with her parents, and was placed in a children’s home. The petitioner informed the High Court that an ossification test showed the girl was an adult. Haryana’s government presented school records, showing the girl’s birth in March 2008, making her 15 years and 9 months old. The petitioner maintained the marriage was conducted with the victim’s consent.