In a significant ruling, the Kerala High Court has declared that Muslim marriages under personal law are not exempt from the Protection of Children from Sexual Offences (POCSO) Act. This decision reinforces that sexual relations with a minor, even within the context of marriage, constitute a criminal offense.
The ruling came after the Calcutta High Court denied bail to a 31-year-old man, Khaledur Rahman, who was charged under the POCSO Act. Rahman allegedly abducted and impregnated a 15-year-old girl, claiming she was his wife. He argued that under Mohammedan law, marriage with a girl below 18 years is permissible, thus he should not be prosecuted under the POCSO Act.
The issue surfaced when a Family Health Centre in Kaviyoor, Pathanamthitta district, reported the girl’s pregnancy to the police. The medical officer noticed her age from her Aadhaar card, which indicated she was 16, prompting the report on August 31, 2022.
The Kerala High Court stated, “Muslim marriages under personal law are not excluded from the POCSO Act and sexual intercourse with a child, even if it is under the guise of marriage, is an offense.” The court emphasized that the legislative intent of the POCSO Act is to prevent child exploitation and ensure children’s rights and protection.
Justice Bechu Kurian Thomas highlighted that statutory provisions override customary or personal laws unless explicitly excluded. The court noted the girl’s abduction from West Bengal to Kerala, allegedly without her parents’ consent, as part of the prosecution’s case.
By rejecting the bail plea, the court reinforced that child marriage and any form of sexual exploitation of minors are serious offenses that cannot be justified by personal or religious laws. This ruling aligns with societal intent to protect children’s rights and development.
The Kerala High Court’s decision serves as a critical reminder of the importance of the POCSO Act in safeguarding minors from exploitation, regardless of personal law considerations.
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