The Centre on Tuesday urged the Supreme Court docket to adjudicate on precedence as as to if a minor Muslim lady can marry an individual of her alternative after attaining puberty. Solicitor Basic (SG) Tushar Mehta, the second-highest regulation officer of the Centre, talked about earlier than CJI D.Y. Chandrachud a plea filed by the Nationwide Fee for Safety of Youngster Rights (NCPCR) in opposition to the Punjab and Haryana Excessive Court docket order, which had held {that a} Muslim lady can marry an individual of her alternative after attaining the age of 15.
SG Mehta submitted that numerous views have been being taken by completely different Excessive Courts throughout the nation, ensuing within the submitting of a number of particular go away petitions earlier than the apex court docket across the identical problem. “Please see if this may be listed on precedence,” he stated. At this, CJI Chandrachud assured SG Mehta that he would direct the itemizing of the batch of petitions.
In January final 12 months, the highest court docket issued discover to the federal government and others on NCPCR’s plea to resolve upon the query of regulation, clarifying that its resolution to not keep the impugned order of the Punjab and Haryana Excessive Court docket will not be used as precedent. It appointed senior advocate Rajshekhar Rao as amicus curiae within the matter to help the court docket.
The SC identified that if the excessive court docket judgment — which held {that a} Muslim lady aged 15 years can enter right into a authorized and legitimate marriage as per private regulation — was stayed, the lady may be restored to her mother and father in opposition to her needs. Earlier than the apex court docket, SG Mehta had contended that Muslim women who have been 14, 15, and 16 years previous have been getting married. “Can there be a defence of non-public regulation? Are you able to plead customized or private regulation as a defence in opposition to a prison offence?” he stated.
The plea filed by NCPCR stated the Punjab and Haryana HC erred in ignoring the truth that sexual activity with a minor lady beneath the age of 18 years, is sexual assault as per the Safety of Youngsters from Sexual Offences (POCSO) Act and this authorized place can’t be modified because of marital standing of the kid and that whether or not on the info and within the circumstances of the case and in regulation. It added, “The excessive court docket was justified in upholding {that a} minor lady, after attaining puberty after the age of 15, on her personal willingness and consent, can enter into a wedding of her personal alternative whereas not contemplating the validity of a wedding with a minor all of the whereas glossing over the truth that the impugned judgment would result in endorsing youngster marriage which is against the law in India as a result of POCSO Act applies to everybody.”
The excessive court docket’s order got here on a habeas corpus petition filed by a 26-year-old man in opposition to the detention of his 16-year-old spouse in a youngsters’s house in Panchkula. The excessive court docket famous that such a wedding wouldn’t be void when it comes to Part 12 of the Prohibition of Youngster Marriage Act 2006.
