NEW DELHI: The National Commission For Protection of Child Rights has approached the Supreme Court against an order of the Punjab and Haryana high court which cited the provisions of the Muslim Personal Law on marriage to rule that a Muslim girl above 16 years was competent to enter into a contract of marriage with a person of her choice.
The apex child rights body has filed a special leave petition (SLP) in SC through advocate Swarupama Chaturvedi. The petition seeks to ensure proper implementation of statutory laws that are specifically in place to protect children below the age of 18 years. In this specific case, the Commission highlighted the provisions of the Prohibition of Child Marriage Act (PCMA) 2006 and the Protection of Children from Sexual offences Act to put forth its reasons for challenging the HC ruling.
NCPCR sees the HC order as one that is essentially allowing a child marriage by citing personal laws which is violative of PCMA which, the petition says, is a secular law that is applicable to all.
The Commission highlights the provisions of Pocso that says no child below the age of 18 years can give a valid consent. It also emphasises on the spirit of Constitution citing that child protection laws cannot be seen in isolation from Article 21 of the Constitution guaranteeing right to life and liberty.
The apex child rights body has filed a special leave petition (SLP) in SC through advocate Swarupama Chaturvedi. The petition seeks to ensure proper implementation of statutory laws that are specifically in place to protect children below the age of 18 years. In this specific case, the Commission highlighted the provisions of the Prohibition of Child Marriage Act (PCMA) 2006 and the Protection of Children from Sexual offences Act to put forth its reasons for challenging the HC ruling.
NCPCR sees the HC order as one that is essentially allowing a child marriage by citing personal laws which is violative of PCMA which, the petition says, is a secular law that is applicable to all.
The Commission highlights the provisions of Pocso that says no child below the age of 18 years can give a valid consent. It also emphasises on the spirit of Constitution citing that child protection laws cannot be seen in isolation from Article 21 of the Constitution guaranteeing right to life and liberty.