In a strong legal stand, the Kerala High Court recently stated that Muslim marriages under personal law do not override the Protection of Children from Sexual Offences (POCSO) Act. The Court clarified that sexual activity with a minor, even if within a marriage, is an offence under the POCSO Act.
This clarification came during a case where the Calcutta High Court denied bail to 31-year-old Khaledur Rahman, who was accused of abducting and impregnating a 15-year-old girl. Rahman claimed that he married the girl on March 14, 2021, under Muslim personal law, which he argued allows marriage below 18 years of age.
However, the Kerala High Court emphasized that the POCSO Act is a special law designed to protect children from sexual abuse, and it applies regardless of religious or personal laws. The case came to light after a Family Health Centre in Kaviyoor, Pathanamthitta district, notified authorities when the minor visited for a pregnancy-related test. Her Aadhaar card revealed her age as 16, prompting the Medical Officer to alert the police on August 31, 2022.
The Court observed:
“Any form of sexual exploitation of a child is a punishable offence. The law does not provide exemption based on marriage. In fact, child marriage is harmful and against public interest. The POCSO Act was specifically designed to prohibit any sexual activity with a child, even under the guise of marriage.”
The Court added that customary or personal laws cannot override statutory provisions, unless the statute itself clearly excludes them. Since the POCSO Act does not make such exclusions, it takes precedence over any personal law, including Muslim marriage laws.
It was also revealed that the minor girl was allegedly brought to Kerala from West Bengal without her parents’ knowledge, as per the prosecution.
This ruling reinforces the idea that child rights and protection laws must be upheld above all traditional or religious norms, especially when a minor’s safety and well-being are at stake.
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