7 hrs ago
Kerala HC Rules POCSO Overrides Muslim Marriage Law
The Kerala High Court has ruled that even if a man marries a minor under Muslim religious laws, he can still be prosecuted under the POCSO Act.
The court said that sexual intercourse with a girl under 18 is considered rape, even if she is his wife.
The accused had asked the court to stop the case against him, but the court said the truth of the allegations needs to be decided in a full trial.
The court also said that the POCSO Act is more important than personal laws when it comes to protecting children from sexual offences.
The case is still going on in a special court.
Kerala High Court ruled that marriage with a minor does not exempt an accused from criminal liability under the POCSO Act.
The court cited the Supreme Court's precedent, stating that sexual intercourse with a girl under 18 is rape, even if she is the wife.
The POCSO Act applies when one party to a marriage is a minor, regardless of the marriage's validity under personal law.
The court dismissed the accused's petition to quash proceedings, stating the truthfulness of allegations requires a full trial.
The case is pending before the Fast Track Special Court, Pattambi.
- Who
- Kerala High Court, Accused, 17-year-old girl
- What
- Ruling on the applicability of POCSO Act over personal religious laws in cases of marriage with a minor
- Where
- Kerala High Court, India
- When
- August 19, 2024
- Why
- To uphold the Protection of Children from Sexual Offences (POCSO) Act and ensure child protection
Key facts
- Court
- Kerala High Court
- Act
- Protection of Children from Sexual Offences (POCSO) Act
- Age of Minor
- Below 18 years
- Accused's Claim
- Marriage under Muslim religious rites
- Court's Decision
- Dismissed petition to quash proceedings
- Case Status
- Pending before Fast Track Special Court, Pattambi
Quotes
Kerala High Court
The court issuing the ruling through Justice Jobin Sebastian.
“Even assuming for the sake of argument that a marriage was solemnised as per Muslim religious rites and ceremonies, the same will not salvage the petitioner's criminal liability, particularly since the girl was 17 years old at the time of the alleged marriage and subsequent sexual acts.”
rediff.com
“It is manifestly clear that sexual intercourse with a girl below eighteen years of age attracts the offences under the POCSO Act, and in such a situation, whether the child is the wife of the accused or not is of little consequence.”
rediff.com
Sources
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