[Breaking]- SC Rules: HC Judgement allowing Minor Muslim Girls to Marry not to be taken as precedent

 

The Supreme Court has ruled that Punjab and Haryana High Court judgement wherein it was held that a Minor Muslim girl can enter into legal and valid marriage as per personal law, shouldn't be treated as a precedent.

A division bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha has thus barred citing of Javed v. State of Haryana and Others in any other case until the validity is decided.

The Court has passed the interim order in an SLP filed by the National Commission for the Protection of Child Rights challenging the judgment on the ground that it is against the Protection of Children from Sexual Offences Act wherein the prescribed age for sexual consent is 18 years.

Solicitor General Tushar Mehta who appeared for NCPCR argued that Personal Law cannot be a defence for crimes under POCSO Act.

Expressing concern over adolscent girls getting married, the SG contended whether Personal Law can be pleaded for defence against Criminal Offence. He thus prayed for interim stay on the order.

 The Bench led by CJI granted the stay accordingly and issued Notices as well. 

 

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(With input from news agency language) 

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