SC Dismisses NCPCR’s Challenge to High Court Ruling Upholding Marriage of Minor Muslim Girl

The Supreme Court has dismissed a special leave petition by the National Commission for Protection of Child Rights, or NCPCR, that challenged a 2022 Punjab and Haryana High Court verdict granting protection to a (then) 16-year-old Muslim girl and her 30-year-old husband. The Supreme Court upheld the High Court order that said a girl who reaches puberty, or is over 15, is 'competent' enough to marry the person of her choice under Muslim personal law, irrespective of provisions of the Protection of Children from Sexual Offences, or POCSO, Act. The High Court had then also granted the couple - Javed and Ashiana, and their child - protection of life and liberty from those who might threaten them, including family members. On Tuesday the Supreme Court pulled up the NCPCR - which claimed violation of POCSO - for challenging an order that grants protection to the family. "You have no locus to challenge... if two minor children (i.e., Ashiana and her child) are protected by the High Court, how can you challenge such an order?" a bench of Justice BV Nagarathna and Justice R Mahadevan said."We fail to see how NCPCR can be aggrieved by protection granted to a minor..." Earlier the High Court had not only granted protection to the couple but also directed that their marriage - which the NCPCR declared amounted to child marriage and child sexual abuse, as it violated existing laws on minimum marriageable age - was valid per Muslim personal laws. Appearing for the child rights body, Additional Solicitor General Aishwarya Bhatti said the court may continue to provide protection, but keep the point of law open, i.e., can a 15-year-old girl have the legal and mental capacity to enter into a marriage on the basis of personal law. The Supreme Court, though, did not agree. The court said there could be no discussion on 'a question of law' when dealing with an order granting protection of life to children.