Uttarakhand HC seeks reply from Muslim Personal Law Board on marriage of girls under 18

The Muslim law allows a girl under 18 years to marry. The Youth Bar Association of India has filed a PIL in the Uttarakhand High Court to declare it illegal.

Nainital:Uttarakhand High Court on Friday heard a Public Interest Litigation (PIL) filed against the Muslim Law declaring it illegal to allow girls to be married below 18 years of age.

After hearing the case, the division bench of chief justice Vipin Sanghi and justice Manoj Alok Kumar Verma has issued a notice to the All India Muslim Personal Law Board and sought its reply within four weeks. The next hearing of the case has been listed on August 25.

The Youth Bar Association of India had filed a PIL in the Uttarakhand High Court stating that despite getting married below 18 years, some courts are giving recognition to the newly wed couples and ordering police protection to them as Muslim Personal Law allows it. The plea said that if girls establish physical relationship or get pregnant before attaining 18 years, then it causes health issues among them. Infact, under-age marriages affect the health of both the minor girl and her newborn, it added.

The PIL further stated that the government has introduced laws like Protection of Children from Sexual Offences (POCSO) Act and it is a crime to grant permission for marriage to girls below the age of 18. Such marriages are not only a violation of the act but are invalid, the plea stated. It went on to demand action under POCSO against those who maintain physical relationship with girls under 18 years.

The PIL has suggested increasing the age of marriage of a girl from 18 to 21 years and introducing a bill in this regard. Until this bill is passed, the plea has stated that the courts should declare all marriages where the girl is below 18 years as illegal regardless of the caste or the religion of the boy and the girl. Now, the court will hear this matter on August 25.