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Supreme Court seeks govt response on uniform marriageable age | India News


NEW DELHI: Keeping the Uniform Civil Code (UCC) Boiling, Supreme Court on Friday sought the Center’s response to a National Commission of Women (NCW) petition seeking to enforce uniforms marriage age 18 years of age for women and men of all communities and considers the marriage of underage Muslim girls a punishable offense under the Child Marriage Prohibition Act and the Act Protecting Children from Sex Crimes.
Chair of the Chief Justice Cardinal Chandrachud and Justice PS Narasimha also sought a response from the Law Committee after hearing brief arguments from senior counsel Geeta Luthrawho appeared for the NCW.
In the past, the SC has made several references to achieve the goal set out in Article 44 of the Constitution, which requires the government to strive for inclusion in the UCC. In the case of Shah Bano (1985), SC stated, “A common civil code would help the cause of national integration by eliminating divergent allegiance to the law with conflicting ideologies. ”
In the 1995 Sarla Mudgal case, SC said, “When more than 80% of citizens have been included in codified individual law, there is no reason to delay, moreover, the introduction of the Civil Code. unity for all citizens in India.” SC in 2003 in John Vallamatom highlighted the desire to achieve the objective set forth by Article 44.
The NCW cited a recent decision by Delhi HC to allow an underage Muslim girl to marry on the grounds that it is permissible under Muslim personal law. It seeks to equally apply criminal laws to Muslim women who were married before reaching the age of majority, with or without consent.
It said the ‘minimum age of marriage’ under various individual laws, in addition to Muslim personal law, was consistent and consistent with applicable criminal laws. According to the Indian Christian Marriage Act of 1872, the Parsi Marriage and Divorce Act of 1936, the Special Marriages Act of 1954 and the Hindu Marriage Act of 1955, the ‘minimum age of marriage’ for For men it is 21 years old and for women it is 18 years old.
“According to Muslim personal law, which has not yet been drafted and has not been incorporated, minors who have reached puberty are eligible for marriage or when they reach the age of 15 (in the absence of proof of ). This is not only arbitrary, irrational and discriminatory, but also violates the provisions of the Pocso Act of 2012, which was enacted to protect children, especially girls, from sexual offences. education,” NCW said.

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