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Supreme Court Dismisses NCPCR Challenge to High Court Order Protecting 16-Year-Old Muslim Girl’s Marriage

The bench held the commission lacked standing to attack a writ granting protection to the couple.

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The high court had earlier held that Muslim girls can marry on their own volition once they reach puberty, usually at 15. (HT file photo)
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Overview

  • A bench of Justices B.V. Nagarathna and R. Mahadevan said NCPCR had no locus standi and also rejected similar petitions concerning puberty-based marriages.
  • The judges declined to decide the larger conflict between personal law and child-protection statutes, directing that such questions be raised in an appropriate case.
  • The court urged police and prosecutors to distinguish consensual adolescent relationships from POCSO crimes and cautioned against parental misuse that can trigger honour violence.
  • With the dismissal, a January 2023 instruction that the Punjab and Haryana High Court ruling not be treated as precedent effectively came to an end.
  • The Union government has told the court it opposes lowering the age of consent from 18, highlighting ongoing tension with personal-law practices.