The petitioner stated that the PIL is being filed for the enforcement of the fundamental rights of minor Muslim women, so as to bring Islamic personal law in consonance with the penal laws applicable for other religions.
The minimum age for marriage in India is currently 18 for women and 21 for men. A bill to make uniform the two is pending scrutiny before a parliamentary committee.
However, the minimum marriage age for Muslim women is when they attain puberty and 15 years is presumed to be that age. Hence, marriage with Muslim women above 15 years is treated as valid.
The NCW argued in the plea that allowing Muslims to marry at the age of puberty (around 15) is arbitrary, irrational, discriminatory, and violative of penal laws.
“A person who has attained puberty may be biologically capable of reproduction, however, the same does not imply that the said person is mentally and psychologically mature enough to get married and physically mature to engage in sexual acts and consequently, bear children,” the plea stated.
It was also contended that allowing the practice will enable forcible marriage of young Muslim girls, and make them subject to sexual abuse, harassment and exploitation at their husband’s behest in the name of consent.
Even the Protection of Children from Sexual Offences Act (POCSO) does not provide for those under 18 to consent for sex, it was pointed out.
“Merely because child marriages have been performed as a part of a tradition does not mean necessarily mean that the tradition is an acceptable one nor should it be sanctified as such,” the plea said.
Accordingly, the PIL also prayed that the POCSO and Prevention of Child Marriage Acts as well as the Indian Penal Code be given effect over personal law of all religions in this regard.
Source: Barandbench
