The National Commission for Women (NCW), which has requested the government to raise the legal marriage age for Muslim girls to the same number as all other religions, has filed a case with the Supreme Court of India, which is scheduled to hear it. According to the petition submitted by the NCW, the commission has asked the supreme court to equalise the minimum age of marriage for Muslims and non-Muslims. A bench consisting of Chief Justice of India DY Chandrachud and Justice PS Narasimha has invited the Centre to respond.
In India, the legal age of marriage for women is 18, while for men it is 21. The Muslim community, on the other hand, is exempt since their marriage rules differ from those of Hinduism. Muslim law does not have a definition of the lawful marriage age.
A girl may marry after reaching puberty, which is generally thought to occur at the age of 15 for most females, according to the regulations that govern Muslim weddings in India. This indicates that young females can marry older men in accordance with Islamic law. According to the NCW, it is arbitrary, unreasonable, discriminatory, and against the law to let Muslims to be married at puberty, which is typically about 15 years old. The plea said even the Protection of Children from Sexual Offences Act (POCSO) does not provide for those under 18 to consent to sex.
Therefore, the NCW is pleading with the Supreme Court to increase the marriage age for women in the Muslim community to 18 in line with the rest of the nation. CJI DY Chandrachud has sent a notice to the Center asking for their answer after taking note of this problem. A Muslim girl of 15 years old is competent to enter into a contract of marriage with a person of her choice under Muslim Personal Law, the Punjab and Haryana High Court’s ruling stated. Earlier, the Supreme Court agreed to consider the National Commission for Protection of Child Rights’ (NCPCR) appeal of that ruling.
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