The Uttrakhand High Court has issued a Notice in a PIL filed against the permissibility under the Muslim Personal Law to marry off girls below the age of 18 years.

The division bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma impleaded and issued notice to the All India Muslim Personal Law Board (AIMPLB) and has sought a response within 4 weeks.

The petitioner-Youth Bar Association of India has sought directions to the Governments to formulate a Standard Operating Procedure for 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.

The practice of allowing young girls of age even 15 years to marry under Muslim Personal Law has been highlighted. It has been argued that permitting teenage girls to marry violates their basic right to live with dignity, education, health, and protection which are guaranteed by Article 21 of the Constitution of India.

It has been further averred that this not only ends their childhood but is also equally detrimental to society. 

"Child marriage ends childhood. It negatively influences the rights to education, health and protection which is guaranteed by the constitution of India to every citizen. These consequences impact not just the girl directly, but also her family and community...When a girl between the age of 15 to 18 years solemnizes the marriage, it does not mean that she is no longer a child or that she is mentally or physically capable of engaging in sexual activity and conjugal relations," the petition reads.

It has been questioned that the practice violates "The Prohibition of Child Marriage Act, 2006" and "The Protection of Children from Sexual Offences Act, 2012" and the same is against constitutional morality.

It has also been called into question that despite the legal age of marriage being 18 years, courts have presumed it to be 15 years citing a slew of decisions made in this regard.

Referring to a case settled by the Punjab & Haryana High Court wherein it had granted protection to a couple who got married against the will of their families, where the Muslim girl was 16 years of age, it has been debated as to whether such consent is legally valid or not.

It has been contended that Government to take some effective steps immediately to deal with the issue of Child Marriage, the plea prays that the process of making "The Prohibition of Child Marriage (Amendment) Bill, 2021" into an act should be expedited and the act should come into force as soon as possible.

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