Justice Sanjeev Narula of the Delhi High Court has refused to quash an FIR under Section 64(1) of the BNS and Section 6 of POCSO against a man who married a 16-year-old girl, holding that a marriage recognised under Muslim personal law confers no immunity, since the age of eighteen under POCSO and the BNS cannot be replaced by puberty.
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.
