Judgment No. CCZ 12/2015 25 Const. Application No. 79/14 The interests of the girl children subjected to early marriages were properly identified as a public interest to be protected by the relief sought in the proceedings. Section 85(1)(d) of the Constitution underlines the principle that courts play a vital role in the provision of access to justice and protection of children. These are matters of public interest. A nation which is not concerned with the welfare of children cannot look forward to a bright future. Murina & Ors v State of Uttar Pradesh & Ors (1982) 1SCC 545. MERITS The respondents’ case on the merits is that s 78(1) of the Constitution does not set the age of eighteen years as the minimum legal age of marriage. They argued that s 78(1) of the Constitution gives a person who has attained the age of eighteen the “right to found a family”. The subsection does not in express terms give the person concerned the “right to marry”. According to the respondents, s 22(1) of the Marriage Act or any law which authorises a girl child who has attained the age of sixteen to marry is not inconsistent with s 78(1) of the Constitution. The applicants took issue with the literal interpretation of s 78(1) of the Constitution by the respondents. They contend that the meaning of s 78(1) of the Constitution can only be determined on the basis of a broad, generous and purposive interpretation of its provisions. INTERNATIONAL CONVENTIONS AND TREATIES Context of Section 78(1) of the Constitution and Section 22(1) of the Marriage Act The court is faced with the question of interpretation of s 78(1) as read with s 81(1) of the Constitution. It is also faced with the question of interpretation of s 22(1) of the Marriage Act and the effect of the application of s 78(1) of the Constitution on its meaning.