Mumbai | Mar 22, 2010
The Bombay High Court today issued a notice to the additional solicitor general -- who represents union government -- in a case where marriageable age of Muslim girl has become an issue.
Petitioner in this case has challenged the constitutional validity of Prohibition of Child Marriage Act (PCMA), saying it violates freedom of religion.
The division bench of Justices D B Bhosale and A R Joshi also directed that the girl, who is currently 15 years old, be produced in the court on March 29, so that the judges may interview her.
Zakia Begum, the girl's mother, moved the High Court in January after police took the girl into custody at the behest of child welfare committee.
Girl's uncle had informed CWC that she was going to be married off, in violation of PCMA. Police also filed a criminal case against her parents for violating the act.
The parents have sought the custody of their daughter -- who is currently in a shelter home and quashing of the criminal complaint.
Today, petitioner's lawyer Prakash Wagh told the court that the girl's parents are ready to give an undertaking not to marry her off till she turns 18. Similar undertaking has already been given to CWC, he said.
The judges said that before ordering her release from shelter home, they would like to talk to her.
The judges also restrained the girl's family members from meeting her till she is interviewed by them next Monday.
Judges said that they would like to deal with the larger issue involving conflict between Muslim personal law and PCMA. As per PCMA, a girl cannot get married before she is 18 years of age, but according to Shariat law, she can marry on reaching puberty.
All India Muslim Personal Law Board too has been impleaded by the petitioner. Appearing for the Board, senior counsel Yusuf Muchhala said that the court will have to see if the issue involves "core beliefs" of the religion.
Advocate Mihir Desai, representing two NGOs who have interevened in the case to oppose the petition, said, "It cannot be said that if I do not get married before 18, I am not a Muslim."
"Well, I did not get married before 18 myself," advocate Muchhala, himself a Muslim, remarked, drawing a laughter. He however said that he would have to study original Islamic scriptures to formulate his response to the petition, and that will take some time.
Source: http://news.outlookindia.com/item.aspx?677493
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