The Supreme Court on Tuesday rejected the plea of the National Commission for Protection of Child Rights (NCPCR) and the National Commission for Women (NCW), that challenged the marriage of a 15-year-old Muslim girl with a 30-year-old man. The plea was filed against an order of the Punjab and Haryana High Court that had recognised the marriage, and provided the couple and their kid security.
A bench of justices BV Nagarathna and R Mahadevan said that both the commissions had “no locus standi” in such personal matters, and advised them to keep the romantic and criminal cases separate. “It is strange that NCPCR, which is for protecting children, has challenged an order protecting two children… Leave these couples alone,” the top court said.
The bench further said that the HC in its observation had mentioned that under the Muslim personal law, a girl who has attained puberty, or has crossed 15 years of age, can legally marry a person of her choice. This, they said, is regardless of the minimum age set under the Protection of Children from Sexual Offences (POCSO) Act, reported IANS.
SC snubs petitioners, express shock
Expressing surprise over the plea and the intent to challenge an HC order granting protection to a couple, the top court told both NCPCR and NCW that they cannot challenge the order.
“You have no locus to challenge…if two minor children are protected by the High Court, how can you challenge such an order? We fail to see how NCPCR can be aggrieved by protection granted to a minor,” the bench said, quoted the report.
The court also asked the child rights body about the reason to pursue the case was the girl was married, and living with her husband and child. “The girl is living with her husband! And has a child. What is your problem?” Justice Nagarathna asked.
The court further said that these were not the criminal cases, but romantic cases which must be excluded at times. Stressing that the matter be understood, the court asked the petitioners, “Are you saying it is criminal to love? POCSO Act takes care of criminal cases…but there are romantic cases also, where teenagers on the verge of majority run away. Don’t read such cases the same as criminal cases. Have to differentiate,” quoted a News18 report.
What NCPCR told the court
Arguing on behalf of NCPCR, Additional Solicitor General Aishwarya Bhatti, said that while protection could continue, the broader legal issue should remain open — whether a girl aged 15 can marry under personal law when it conflicts with secular statutes like the Prohibition of Child Marriage Act, which sets 18 as the minimum marriageable age.
The apex court refused to accept the submission, saying the case before them was only limited to protection of life and liberty. If the age altogether has to be argued about “they (you) should approach in the appropriate case,” the court said.
(With agency inputs)