The Supreme Court rejected NCPCR’s challenge to Punjab and Haryana High Court rulings that upheld Muslim personal law, allowing girls to marry at 15. Justice Nagarathna stressed societal realities, saying criminalising young love could traumatise minors.
Chief Justice DY Chandrachud highlighted the detrimental effects of child marriage, stressing the need for dedicated Child Marriage Prohibition Officers (CMPOs) to enact prevention measures effectively. The Supreme Court mandated measures such as exclusive CMPO appointments, public reporting portals, and fast-track courts to enhance enforcement, protect minors, and ultimately uphold children’s rights in India.
Today, On 18th October, Supreme Court Chief Justice D.Y. Chandrachud reaffirmed that child marriage laws supersede personal laws, emphasizing the protection of minors’ rights. The court mandated enforcing the Prohibition of Child Marriage Act with a focus on preventive strategies and community involvement, while urging Parliament to consider stricter measures against child betrothals.
The Allahabad High Court ordered prosecution of a priest and others involved in a child marriage, emphasizing the illegality of the act and the need for strict enforcement of child protection laws. The ruling highlights the judiciary’s firm stance against child marriage and the exploitation of minors, aiming to prevent future instances in the region.
On Tuesday(27th August), The Himachal Pradesh Legislative Assembly has passed the Prohibition of Child Marriage (Himachal Pradesh Amendment) Act, 2024, raising the legal marriage age for women from 18 to 21 years. This landmark decision aims to advance gender equality and expand educational and professional opportunities for women.
Today, On 6th August, The Supreme Court of India agreed to expedite the hearing on whether Muslim personal law allowing child marriages supersedes the Prohibition of Child Marriage Act, 2006. The issue arose following a Punjab and Haryana High Court decision allowing a 16-year-old Muslim girl to marry after reaching puberty. Solicitor General Tushar Mehta emphasized the urgency due to conflicting rulings from various High Courts. The National Commission for Protection of Child Rights challenged the ruling and requested the alignment of Islamic personal law with national penal laws to protect the fundamental rights of minor Muslim women.
