‘Girls can be married off to anyone on attaining ‘puberty’ even if she is under 18 years of age’ rules Punjab and Haryana High Court

Stating as if Muslim women do not have any rights, the Punjab and Haryana High Court Referring to Article 195 from the book, Principles of Mohammaden Law by Sir Dinshah Fardunji Mulla, the court observed that

“a Muslim girl on attaining the age of puberty (be it 11 or 17) was competent to enter into a contract of marriage with anyone.”

The court further said that “puberty is presumed, in the absence of evidence, on completion of the age of 15 years”.

Muslim law book referred by High Court also says mentally disabled persons, children who have not attained puberty can also be married off by ‘guardian’.

The case:

The order was passed by Justice Alka Sarin during the hearing of a petition filed by a Muslim couple from Punjab. The petitioners, husband aged 36 years and ‘wife’ aged 17 years, had got married on January 21, 2021, in accordance with Muslim ceremonies. The couple had sought protection from the court alleging that their relatives were opposed to their relationship.

 The judge observed that the petitioners could not be deprived of their fundamental rights conferred by the Constitution merely because their relatives were against them. She added that the relatives had no right to interfere because the couple had contracted marriage as per the Muslim personal law. The court directed SSP Mohali (SAS Nagar) to provide security to the couple.

Speaking at an event in 2017, SC judge Justice AK Sikri had said that though the Prevention of Child Marriage Act is a secular law, child marriages are still rampant because the societies have refused to change.

He had cited that the Muslim Personal Law is in conflict with the Prevention of Child Marriage Act because, under it, a girl who has attained puberty becomes eligible for marriage. He had also stated that a girl can also attain puberty at the age of 11 and such religious personal laws are making it difficult for a social evil like child marriage to be eradicated.