NCPCR challenges marriage of minor girls in Sharia as ‘sexual assault’; Supreme Court ready to examine
2 years, 2 months ago

NCPCR challenges marriage of minor girls in Sharia as ‘sexual assault’; Supreme Court ready to examine

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NCPCR has challenged an order of Punjab and Haryana High Court from June this year wherein it had cited Sharia Law and held that a 16-year-old Muslim girl could enter into a valid marriage New Delhi: The Supreme Court has agreed to examine a petition of the National Commission for Protection of Child Rights challenging an order of Punjab and Haryana High Court from June this year wherein it had cited Sharia Law and held that a 16-year-old Muslim girl could enter into a valid marriage. 2 herein as she is a minor child as per POCSO Act before issuing the writ of Mandamus and that whether on the fact and in the circumstances of the case and in law, the Hon’ble High Court has erred in ignoring the fact that sexual intercourse with a minor girl below the age of 18 years is sexual assault as per POCSO Act,” NCPCR said in the petition. Let us hear the amicus and we will hear the matter.” Punjab and Haryana High Court order in question A Pathankot-based couple — a 16-year-old Muslim girl and a Muslim man aged 21 years approached the High Court, seeking protection as their families were opposed to the wedding, which had taken place as per religious customs earlier in June this year. NCPCR petition in Supreme Court In its argument, NCPCR argued that the Punjab and Haryana High Court’s ruling essentially allowed a child marriage which is violation of the Prohibition of Child Marriage Act, 2006.

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