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Child rights panel challenging HC order on protection to couples strange: Supreme Court

Supreme Court: Representational photo

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The Supreme Court on Tuesday refused to entertain the National Commission for Protection of Child Rights’ (NCPCR) petition against the Punjab and Haryana High Court’s order that extended protection to two Muslim married couples, the brides being aged 15-16 years.

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“The NCPCR has no locus (standi) to challenge such an order... if two minor children are protected by the HC, how can the NCPCR challenge such an order?....It is strange that the NCPCR, which is for protecting the children, has challenged such an order,” a Bench of Justice BV Nagarathna and Justice R Mahadevan said.

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The NCPCR counsel tried to convince the Bench by arguing that the order had been challenged considering the question of law involved, but the Bench was not impressed.

“The writ (petition) before the HC was filed seeking a writ of mandamus ... to protect their (couple’s) life and liberty ... The high court has granted the prayer. We fail to see how the NCPCR can be aggrieved by such an order. If the high court, in exercise of its power under Article 226, seeks to extend protection to two individuals, the NCPCR has no locus standi to challenge such an order,” the Bench said, dismissing the petition.

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