The Calcutta High Court made a notable decision by rejecting a Public Interest Litigation (PIL) that aimed to enforce a policy preventing the marriage of Muslim girls until they finish their Class XII education.

The ruling, issued by a bench headed by Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya, clarified that the petition submitted to the Minister of School Education couldn't be entertained. They stressed that the subject pertained to policy matters, hence the court couldn't issue a mandamus as requested by the petitioner. The bench highlighted that although the issue carried substantial societal weight, it necessitated legislative measures rather than judicial interference.

Nazia Elahi Khan filed the PIL, contending that existing societal norms frequently pressure young Muslim girls to prioritize marriage over education, perpetuating cycles of marginalization and depriving them of opportunities for personal and professional growth.

Khan's plea illuminated the pressing necessity to tackle the issue of early marriage within the Muslim community, where girls are frequently wedded as soon as they reach puberty or adolescence, usually around the age of twelve. She underscored the adverse effects of such practices on the educational and socio-economic futures of young girls, stressing the critical need for intervention to protect their rights and well-being.

Khan voiced her disappointment over what she perceived as a lack of action from state authorities regarding her representation, which she submitted on February 12. Her representation advocated for a mandate stipulating that Muslim girls must complete at least Class XII before getting married.

The Calcutta High Court, in its verdict, dismissed the PIL, highlighting that the concern raised by Khan's representation pertained to policy-making, which lay beyond the court's jurisdiction to enforce.

In a related context, it's important to note that in January of the previous year, the Supreme Court issued a significant directive prohibiting all courts in the country from considering a judgment by the Punjab and Haryana High Court as precedent. The Punjab and Haryana High Court reiterated in October 2022 that Muslim females aged 15 years and above possess the right to marry a person of their choice with their own consent. This observation occurred during the hearing of a habeas corpus petition filed by 26-year-old Javed against the detention of his 16-year-old wife.

However, this ruling contradicted the prevailing common civil and criminal laws in India, which forbid the marriage of girls under 18 and classify sexual intercourse with minors as a punishable offence.

In response to an appeal by the National Commission for Protection of Child Rights (NCPCR), the Supreme Court has agreed to scrutinize the legal arguments put forth by the child rights organization. The NCPCR argued that personal laws or religious rights should not override the mandate of criminal laws aimed at safeguarding the rights of the girl child. Solicitor General Tushar Mehta, representing the NCPCR, emphasized that any judgment endorsing a minor's marriage not only contravened the Prohibition of Child Marriage Act, 2006, but also the Protection of Children from Sexual Offenses (POCSO) Act and the Indian Penal Code (IPC).

SG Mehta also highlighted that several high courts had adopted the rationale that a minor girl could marry if sanctioned by personal law. He voiced concern over the legitimization of criminal acts through such rulings, urging the bench to issue an interim order to prohibit high courts or trial courts from issuing similar judgments.