6 hrs ago
Delhi High Court Says Marriage Cannot Exempt Sex With Minors
The Delhi High Court considered a case involving an adult and a girl younger than 18.
The court said marriage does not make sexual relations with a minor lawful.
This applies even when the marriage is claimed to be valid under Muslim personal law.
The court said laws protecting children must still be followed.
It referred to the Protection of Children from Sexual Offences framework.
The court worried that a marriage certificate could otherwise be used to avoid prosecution.
Justice Sanjeev Narula said this would weaken the law.
The ruling means a child’s age remains important even if the child is married.
The Delhi High Court ruled that marriage under Muslim personal law does not exempt an adult from prosecution for sexual relations with a minor wife.
The court said the Protection of Children from Sexual Offences framework applies to girls below 18, regardless of marital status.
Justice Sanjeev Narula issued the ruling in an order dated September 23.
The court warned that accepting a marriage certificate as a defense would substantially weaken statutory protections for children.
It said protection would otherwise depend on whether a marriage had been arranged before the sexual relationship was discovered.
- Who
- The Delhi High Court, in an order by Justice Sanjeev Narula, addressed the legal position concerning an adult and a minor wife.
- What
- The court held that a marriage claimed to be valid under Muslim personal law does not exempt an adult from prosecution for sexual relations with a minor.
- Where
- The ruling was issued by the Delhi High Court in New Delhi.
- When
- The order was issued on September 23; the year was not specified.
- Why
- The court said allowing marriage to defeat prosecution would substantially weaken the Protection of Children from Sexual Offences framework.
Key facts
- Court
- Delhi High Court
- Judge
- Justice Sanjeev Narula
- Order date
- September 23
- Age threshold
- Below 18 years
- Relevant framework
- Protection of Children from Sexual Offences (POCSO) framework
- Core ruling
- Marriage under Muslim personal law does not provide immunity from penal law for sexual relations with a minor
- Court’s concern
- A marriage certificate could otherwise be used to undermine statutory protection for children
Quotes
Justice Sanjeev Narula
Delhi High Court judge who authored the September 23 order
“The statutory protection would then depend not upon the age of the child, but upon whether a marriage had been arranged before the sexual relationship was discovered. That would turn the legislation on its head.”
thehansindia.com
Sources
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