‘This pertains to a policy matter’: Calcutta HC dismisses a Muslim woman’s plea seeking direction to make it mandatory for Muslim girls to pass Class 12 before Nikah

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On Thursday (18th April), the Calcutta High Court dismissed a Public Interest Litigation seeking a ruling by State authorities that no Muslim girl should be allowed to marry till she completes Class XII.

A bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya ruled that the representation submitted to the Minister of School Education cannot be considered. “In any event, this pertains to a policy matter. No mandamus as sought for can be issued. Dismissed,” the Court said.

The petition was submitted by Nazia Elahi Khan, who told the Court that State officials had failed to act on her request to make it necessary for all Muslim girls to complete Class XII before marrying. “This issue affects the public at large, particularly the Islamic community,” Nazia Elahi Khan said in her plea.

Khan contended that it has become hard for Muslim girls to study beyond Class XII because they are “thought to be better off getting married”. “Young girls from the Muslim Community are married off when she attains the age of puberty or adolescence which starts roughly from around the age of twelve,” the petitioner said.

Khan submitted a representation in this matter on 12th February and claimed that the State has taken no action since then. “Such inaction has increased their (Muslim girls) suffering and marginalised them even further,” Khan asserted.

OpIndia Staff: Staff reporter at OpIndia