The High Court of Uttarakhand has issued notice to All India Muslim Personal Law Board (AIMPLB) on a petition challenging the permissibility of marriage of girls below 18 years of age under the Muslim law.
The Bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma recently directed the Board to respond within four weeks on a PIL moved by the Youth Bar Association of India, questioning the permissible age of marriage of girls under the Muslim law.
The petition sought directions to the Central government to formulate a Standard Operating Procedure ensuring that girls below 18 years of age may not be permitted to marry, irrespective of their religion, customs, and local or personal laws in the larger public interest.
Referring to the practice permissible under Muslim Law, the plea stated that a Muslim girl was permitted to enter into a valid marriage at the age of 15 years, while she was a child herself. The rule violated her basic right to live with dignity, education, health and protection, which were guaranteed under Article 21 of the Constitution.
The petition submitted that child marriage violated their rights and placed them at high risk of violence, exploitation and abuse.
Noting that child marriage ended childhood, the plea pointed out such a marriage negatively influenced the rights to education, health and protection, which was guaranteed by the Constitution to every citizen.
The petitioner contended that these consequences impacted not just the girl directly, but also her family and community.
He said when a girl between the age of 15 to 18 years solemnised the marriage, it did not mean that she was no longer a child or that she was mentally or physically capable of engaging in sexual activity and conjugal relations.
The petition further questioned whether by way of permitting a Muslim girl to marry before attaining the age of 18 years would result in violation of laws like the Prohibition of Child Marriage Act, 2006 and the Protection of Children from Sexual Offences Act, 2012, as the same would also be against the constitutional morality.
The petition stated that the legal age of marriage in the case of a girl was 18 years, however, in a catena of decisions, the courts of the country had presumed 15 years as the legal age for a Muslim girl to enter into a valid marriage.
The petitioner referred to the case of Gulam Deen and another versus state of Punjab and others, wherein the Punjab and Haryana High Court had granted protection to a couple who got married against the will of their families, wherein the Muslim girl was 16 years of age.