The Supreme Court on Tuesday dismissed petitions filed by the National Commission for Protection of Child Rights (NCPCR) and the National Commission for Women (NCW) challenging Punjab and Haryana High Court orders that upheld the validity of marriages of Muslim girls upon attaining puberty.
A bench comprising Justices B.V. Nagarathna and R. Mahadevan held that the commissions had “no locus standi” to interfere in such personal matters. “It is strange that NCPCR, which is for protecting children, has challenged an order protecting two children… Leave these couples alone,” the bench remarked.
High Court Ruling Stands
With the dismissal of the petitions, the apex court’s interim direction from January 2023—where it had clarified that the Punjab and Haryana High Court’s ruling should not be treated as a precedent—has now lapsed. The high court had earlier held that Muslim girls could marry on their own volition once they reached puberty, usually around the age of 15.
Observations on Adolescent Relationships
The bench also addressed connected petitions concerning the misuse of the Protection of Children from Sexual Offences (POCSO) Act in cases of consensual adolescent relationships. It strongly observed that criminal law should not intrude upon genuine teenage bonds. “Love is not penal, and it cannot become one,” the court said, warning that prosecuting adolescents in such cases inflicted lasting trauma.
The judges further cautioned against the misuse of POCSO by parents in the name of family honour. “Many such cases are filed by parents. If we start treating all such cases as crimes, there will be honour killings,” the bench noted, urging police authorities to carefully differentiate genuine cases of sexual offences from consensual adolescent relationships.
Wider Debate on Age of Consent
The proceedings come amid a broader debate over whether the statutory age of consent under POCSO—currently fixed at 18—requires reconsideration. While several petitions have sought relaxation of the law in cases of consensual adolescent relationships, the Union government has firmly opposed any dilution, contending that exceptions could weaken child protection laws and embolden abusers.
