New Delhi: A plea has been filed in the Supreme Court seeking a uniform marital age for Muslim women. The petition has been filed by National Commission for Women (NCW).
The apex court has now issued a notice to Centre in this regard. The court has asked the government to file its reply in 4 weeks.
The NCW drew attention of the court to orders of several High Courts which held that a minor Muslim girl can enter into a valid marriage.
The Supreme Court has agreed to examine correctness Of Punjab an Haryana HC judgment and those passed by some other HCs.
Recently Punjab and Haryana High Court and few other HCs held that a 16-year-old Muslim girl can enter into a valid marriage.
The NCW said it is a “serious issue” in view of the impact on the ban of child marriages and also the POCSO Act.
The women’s panel also sought direction saying POCSO Act, IPC and Prohibition of Child Marriage Act (PCM Act) should be given effect irrespective of religion/personal laws.
The Punjab and Haryana High Court had granted protection to a Muslim couple while noting that girl, who has attained puberty is of marriageable age under Muslim Personal Law.
Relying on precedents, the High Court observed that the marriage of a Muslim girl is governed by Muslim Personal Law.
The NCW sought equal application of penal laws to Muslim women, who have contracted a marriage before attaining the age of majority whether consensually or otherwise.
Consequently, the NCW is also seeking increase of “marriageable age” under the Muslim personal law to bring the same in consonance with the penal laws. “The minimum age of marriage under various personal laws, other than the Muslim personal law, is consistent and in consonance with other prevailing penal laws,” it said.