The Supreme Court dismissed the NCPCR petition.
The Supreme Court on Tuesday dismissed the petition of the National Commission for Protection of Child Rights (NCPCR). The Commission challenged the 2022 order of the Punjab and Haryana High Court, in which the High Court provided protection to two Muslim married couples.
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The Supreme Court said that the Commission is unaware of the matter and does not have the right to challenge the High Court’s decision. A bench of Justice Biwi Nagratna and Justice R. Mahadevan questioned how the third party ie Child Rights Protection Commission can interfere in such a case.
Supreme Court asked- The matter is related to security, why challenge The court further said that if two people bring security and the court has given them security, then why is the commission challenging that order. The NCPCR counsel replied that the order has been challenged from the law point of view. The Supreme Court dismissed this petition on this.
Punjab and Haryana High Court.
The High Court issued these orders The Punjab and Haryana High Court in its judgment said that under Muslim personal law, a girl can marry at least 15 years old. A similar decision was passed in June 2022, and another similar decision was passed in October the same year.
The NCPCR challenged both orders in the Supreme Court. In its appeal, the NCPCR said that the decision is a violation of the Protection of Children from the Child Marriage Prohibition Act, 2006 and the Protection of Children from Sexual Offenses Act, 2012 (Poxo Act).
Because it effectively allow child marriage and sexual relations with children. However, Justice Nagaratna today said orally that it is necessary to keep in mind the ground reality, where minor can fall in love and marry under personal law. The judge said that in such cases, if his partner is sent to jail under the Poxo Act only due to family opposition, it will only trauma to young girls.