Will Muslim Personal Law Prevail Over Prohibition Of Child Marriage Act? Supreme Court To Hear NCPCR's Plea Soon

The Supreme Court today (August 6) agreed to an early hearing on the issue whether Muslim personal law allowing child marriages will prevail over the Prohibition of Child Marriage Act,2006.

Solicitor General of India (SG) Tushar Mehta mentioned the petition filed by the National Commission for Protection of Child Rights (NCPCR) before the Chief Justice of India seeking an early hearing. Though the petition was otherwise listed today, it was not taken up since the bench was hearing another part-heard matter. SG requested that the matter be heard and resolved at the earliest, given that different High Courts are giving contrary judgments.  

"There are different views taken by different High Courts. Whether child marriage is permitted or not in one religion or another religion. We are arguing on constitutional principles," SG said.

"If that can be listed on priority on any Wednesday or Thursday....because new judgements are coming and we are multiplying the appeals," he added.

CJI replied "We have to settle the matter at once."

The bench agreed to list the matter for any early date. 

In 2022, the Punjab and Haryana High Court in Javed v. State of Haryana and Other held that a Muslim female who has attained puberty can enter into a lawful marriage, regardless of the fact that she has not attained the age of majority, 18 years. 

On the contrary, the Kerala High Court in the same year ruled that a marriage between Muslims under personal law is not excluded from the sweep of the POCSO Act.

The NCPCR approached the Supreme Court challenging the P&H High Court's judgment in Javed case.

On January 13, the Top Court, while issuing notice on NCPCR's petition, observed that the decision in Javed v. State of Haryana should not be relied upon as a precedent in any other case.  

Recently, the Kerala High Court delivered another judgment holding that the Prohibition of Child Marriage Act will prevail over personal laws.

Case Details : NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS (NCPCR) Versus JAVED AND ORS Diary No. 35376-2022