India

The NCW wants the marriageable age for Muslim women to be the same as other religions

In a case on Friday, the Supreme Court asked the Centre to respond to a plea from the National Commission for Women (NCW) that sought to raise the marriageable age for Muslim women.

Earlier this week, a bench of Chief Justice of India D Y Chandrachud and Justice P S Narasimha issued notice on a proposal to enforce the rights of minor Muslim women guaranteed by Articles 14, 15, and 21 of the Constitution of India.

According to Advocate Nitin Saluja, the minimum marriage age under other personal laws, other than Muslim personal law, is consistent with other prevailing laws.

Under the Indian Christian Marriage Act, 1872, Parsi Marriage and Divorce Act, 1936, Special Marriage Act, 1954, and Hindu Marriage Act, 1955, a man has to be 21 and a woman has to be 18 to get married. As long as the Muslim Personal Law isn’t codified or consolidated, persons who reach puberty are allowed to get married, i.e., when they’re 15, while still minors.

Senior Advocate Geetha Luthra, who represented the Commission, said this was arbitrary, irrational, and discriminatory, but also in violation of laws like the Protection of Children from Sexual Offenses Act, 2012, and the Prohibition of Child Marriage Act, 2006.

It said the laws are age-centric and don’t make any exceptions for children of any religion, adding that the ‘puberty’ classification lacks any scientific backing or reasonable connection to marriage rights.

A person who reaches puberty may be biologically capable of reproducing. Still, it doesn’t mean that they’re emotionally or physically mature enough to engage in sexual acts and bear children,” said the court.

A recent judgment by the Delhi High Court allowed a minor Muslim woman and her husband to live together on the grounds that their community’s personal law allows marriage at puberty.

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Nisha

Hi, my name is Nisha and I'm an educational journalist based in India. I've always been passionate about the power of education to transform lives, and that's what led me to pursue a career in journalism focused on this area. I completed my Bachelor's degree in English from Hindu College in Delhi in 2013 and then went on to earn my Master's in Journalism and Mass Communication from the Indian Institute of Mass Communication in 2017. During my studies, I also completed several short-term courses on Education in India, Sociology, and other related subjects to deepen my knowledge in this field. I'm particularly interested in improving access to quality education in rural areas, where students often face significant challenges. I've worked on a number of initiatives to address this issue, including advocating for better policies, resources, and practices that can make a difference. As an educational journalist, I'm passionate about using my platform to highlight important issues in the education space. I've covered a wide range of topics, including the impact of technology in the classroom, innovative approaches to teaching and learning, and the challenges facing students from marginalized communities. One of the things I love most about my work is the opportunity to constantly learn and grow. I'm an avid reader and believe that reading is key to expanding one's knowledge and perspective. I'm always seeking out new ideas and insights to help me better understand the world around me. In summary, as an educational journalist, I'm dedicated to using my skills and expertise to make a positive impact in the field of education. I'm committed to improving access to quality education for all students and to using my platform to raise awareness about important issues in this area.

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