New Delhi: The Supreme Court on Tuesday, August 19, rejected a petition by the National Commission for Protection of Child Rights (NCPCR) that sought to challenge protection granted to a 16-year-old Muslim girl, her 30-year-old husband, and their child.
The case stemmed from a 2022 Punjab and Haryana High Court ruling that upheld the marriage under Muslim personal law.
Bench Questions NCPCR’s Role
A bench comprising Justice BV Nagarathna and Justice R Mahadevan sharply criticised the child rights body for pursuing the matter. “You have no locus to challenge… if two minor children (ie, Ashiana and her child) are protected by the High Court, how can you challenge such an order?” the judges observed.
The court said that the girl was already living with her husband and child, questioning the need for further litigation. Justice Nagarathna asked, “The girl is living with her husband! And has a child. What is your problem?”
Debate Over Personal Law And ‘Romantic Cases’
NCPCR’s counsel, Additional Solicitor General Aishwarya Bhatti, argued that while protection could continue, the broader legal issue of whether a girl aged 15 can marry under personal law, despite secular statutes such as the Prohibition of Child Marriage Act, should remain open.
The bench declined to address this point in the present case, stating that the issue was confined to protection of life and liberty. “If you want to argue that question… then approach in the appropriate case,” the judges said.
Dismissing three other similar petitions, the court cautioned against treating consensual relationships as criminal acts. Justice Nagarathna said, “Are you saying it is criminal to love? POCSO Act takes care of criminal cases… but there are romantic cases also, where teenagers on the verge of majority run away. Don’t read such cases the same as criminal cases. Have to differentiate.”
