The Supreme Court of India is set to deliberate on a significant legal query brought forth by the National Commission for Protection of Child Rights (NCPCR) regarding the supremacy of secular law over Muslim personal law in cases of child marriage. This decision came on Tuesday when the court agreed to prioritize the hearing due to varying interpretations by different high courts across the country.
Chief Justice D Y Chandrachud, along with Justices JB Pardiwala and Manoj Misra, responded to Solicitor General Tushar Mehta’s request for an urgent hearing. The plea emphasizes the need for a clear, authoritative ruling given the conflicting judgments from various high courts on whether personal laws permit child marriage.
This legal confusion has led to an increase in Special Leave Petitions (SLPs) being filed in the Supreme Court, as pointed out by Solicitor General Mehta. He highlighted the importance of resolving this issue on constitutional grounds, stressing the inconsistency in how child marriage is viewed across different religious contexts.
The plea was initially scheduled for a hearing on Tuesday but was postponed due to ongoing proceedings related to a taxation dispute. It is now set to be heard on an upcoming Wednesday or Thursday as new judgments continue to emerge from different states, adding to the legal complexities.
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The debate intensified following a 2022 judgment by the Punjab and Haryana High Court in the case titled ‘Javed vs State of Haryana’. The court ruled that a Muslim girl could lawfully marry upon reaching puberty, even if she is not considered a major under secular laws. This decision has been contested, notably with the Kerala High Court taking an opposing stance, asserting that Muslim personal law does not exempt one from prosecution under the POCSO Act for sexual abuse of a minor.
