Muslim minor marry-Personal law
Why in News?
Punjab & Haryana High Court observed that under Muslim Personal Law, a boy or girl who has attained the age of puberty (presumed to be 15 years) is at liberty to marry a person of their choice. The bench granted police protection to a 26-year-old man and a 17-year-and-8-month-old girl who married against her family's wishes.
What Muslim Personal Law Says?
- Puberty as Competency: According to Article 195 of Sir Dinshah Fardunji Mulla's Principles of Mohammedan Law, any Muslim of sound mind who has attained puberty is legally competent to enter into a marriage contract.
- Presumption of Age: In the absence of contrary evidence, the law presumes an individual attains puberty at 15 years of age. Once puberty is reached, a guardian's consent is not legally indispensable.
What Statutory Secular Laws Say?
- Prohibition of Child Marriage Act, 2006 (PCMA): Defines a "child" as a male under 21 years or a female under 18 years. It criminalises and prohibits the solemnisation of child marriages across India.
- POCSO Act, 2012: The Protection of Children from Sexual Offences Act defines anyone below 18 years as a child. It treats any sexual overarching relationship or intercourse with a minor as statutory rape, making no exceptions for marriage.
Legal Status & Key Issues
- Lack of Precedent: The Supreme Court of India previously directed that prior High Court judgements supporting minor marriages under personal law should not be relied upon as binding precedents by other courts.
- Supreme Court Technical Dismissal (2025): The Supreme Court dismissed a petition by the National Commission for Protection of Child Rights (NCPCR) challenging a personal law marriage ruling, but did so strictly on the technical grounds that the commission lacked locus standi (legal standing to sue) rather than settling the underlying constitutional question.
- Pending Reforms: The central government has previously proposed legislative amendments to explicitly ensure that the PCMA overrides all customs and personal laws, fixing 18 as the uniform marriageable age for all women. However, the broader reconciliation between personal laws, individual liberties, and child welfare frameworks remains highly contested.
