The Supreme Court on Friday asked Centre government to file response on a petition filed by the National Commission for Women (NCW) to make the minimum age of marriage for Muslim girls the same as that of persons belonging to other religions with in four weeks.
A bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha issued a notice to centre in this regard.
The NCW in its petition said that the minimum age for marriage in India is currently 18 for women and 21 for men. In contrast, some Muslim clerics claim that the minimum age of marriage for Muslim girls is when they attain puberty, and 15 yrs is considered that age.
Allowing Muslims to marry at the age of puberty (around 15) is arbitrary, irrational, discriminatory and violative of penal laws, NCW said.
The plea further stated that even the Protection of Children from Sexual Offences Act (POCSO) does not provide consent to sex for those are under 18 years of age.
Earlier, the apex court agreed to examine the plea of the National Commission For Protection of Child Rights (NCPCR) against an order of the Punjab and Haryana High Court which said a Muslim girl of 15-years-old is competent to enter into a contract of marriage with a person of her choice under the Muslim Personal Law.
