SC upholds Punjab & Haryana High Court verdict validating marriage of 16-year-old Muslim girl

PTC Web Desk: The Supreme Court on Tuesday dismissed petitions filed by the National Commission for the Protection of Child Rights (NCPCR) and the National Commission for Women (NCW) challenging the Punjab and Haryana High Court’s ruling on the minimum age of marriage for Muslim girls.

The High Court had earlier upheld the validity of a love marriage between a 21-year-old Muslim man and a 16-year-old Muslim girl, holding that under Muslim Personal Law, a girl who has attained puberty—or is at least 15 years of age—is legally eligible for marriage.

A Bench comprising Justice BV Nagarthana and Justice R Mahadevan rejected the petitions, questioning why the commissions had approached the Supreme Court when they were not parties to the original case. The court emphasised that the marriage in question had taken place with the consent of both individuals.

"We have to keep the reality of society in mind. Today, boys and girls study together in co-educational institutions, and naturally, feelings develop. Can it be considered criminal to fall in love?" observed the Bench.

Justice Nagarthana further remarked that if the High Court had already provided protection to the couple, the NCPCR could not interfere. "The commission cannot dictate that the children should not be given protection. It has no right to challenge the High Court’s order," she stated.

The petitions had argued that the High Court’s decision contradicted the Prohibition of Child Marriage Act, 2006 and the Protection of Children from Sexual Offences (POCSO) Act, 2012, as it effectively legitimised child marriage and sexual relations involving minors. Both commissions had sought safeguards against potential misuse of the POCSO Act in cases of consensual adolescent relationships.