New Delhi, Aug 19 (UNI) The Supreme Court today dismissed a petition filed by the National Commission for the Protection of Child Rights (NCPCR) against a 2022 Punjab and Haryana High Court judgment which held that a 16-year-old Muslim girl can enter into a valid marriage under Muslim Personal Law and granted protection to the couple.
A Bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan said the NCPCR had no locus standi to challenge the High Court’s order.
“Why should the NCPCR be challenging an order granting protection to the life and liberty of a couple? NCPCR has no locus… It is strange that a body meant to protect children has challenged such an order,” the Bench remarked.
The NCPCR’s lawyer argued that the key issue was whether a girl below 18 years can marry based on personal law.However, the Court said no legal question arose in this case. “No question of law arises. You challenge it in an appropriate case, please,” Justice Nagarathna told the counsel.
Dismissing the plea, the Bench observed: “If the High Court, in exercise of Article 226, extends protection to two individuals, the NCPCR cannot be aggrieved by such an order. Dismissed.”
The bench also refused to keep the legal question open for future consideration and dismissed three other similar petitions filed by the NCPCR.
The case arose from a habeas corpus petition filed by a Muslim man, who claimed his 16-year-old partner was illegally confined by her family.
The High Court had granted them protection, holding that under Muslim Personal Law, a girl who has attained puberty is competent to marry.
Relying on precedents and Mulla’s Principles of Mohammedan Law, the High Court noted that puberty is presumed at 15 years, and therefore the girl was of marriageable age.
The NCPCR had argued that the ruling encouraged child marriage, violating the Prohibition of Child Marriage Act, 2006, and was against the spirit of the POCSO Act, 2012, which does not recognise consent below 18.
The Court said, petitioner here is NCPCR, the writ petition before the HC was filed by one Gulab Deen and another under Article 226 seeking mandamus for protection of life and liberty as there were apprehensions on their life, we fail to see how the NCPCR has locus.
The Court ruled that NCPCR has no locus to challenge such an order.
The bench said, no question of law arises here, if High Court in exercise of its writ jurisdiction under 226 had passed the order, NCPCR are challenging it.
The Court said, no locus standi to challenge the High Court order – NCPCR cannot say don’t protect two children, we are telling you if two minor children are protected by the court, how can NCPCR challenge such an order.
During the hearing, Justice Nagarathna stressed that cases involving teenage romantic relationships should not be treated the same as criminal cases under POCSO.
“There are genuine romantic cases where teenagers on the verge of majority want to marry. Don’t read them the same as criminal cases. Look at the trauma the girl undergoes if she loves a boy and he is sent to jail because her parents file a POCSO case,” she observed.
SC dismisses NCPCR plea against Punjab & Haryana HC ruling on 16-yr Muslim girl’s marriage
