Calcutta High Court dismisses PIL to make it mandatory for Muslim girls to pass Class XII before marriage

The Calcutta High Court on Thursday dismissed a Public Interest Litigation (PIL) seeking a decision by State authorities on a representation that no Muslim girl should be permitted to marry until she passes Class XII.

A Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya said that the representation made to the Minister of School Education cannot be entertained.

"In any event, this pertains to a policy matter. No mandamus as sought for can be issued. Dismissed," the Court said.

The petition was filed by one Nazia Elahi Khan, who told the Court that State authorities had failed to act on her representation for making it mandatory for all Muslim girls to at least pass Class XII before getting married.

"This issue affects the public at large particularly the Islamic community," Khan said in the plea.

She claimed that it had become impossible for Muslim girls to study at least till Class XII as they are "thought to be better off to get 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 claimed.

Khan had filed a representation in this regard on February 12 and alleged that no action had been taken by the State since then.

"Such inaction has increased their (Muslim girls) suffering and marginalised them even further," she said.