Muslim Marriages Not Exempt from POCSO Act, Rules Kerala High Court
The Kerala High Court has clarified that Muslim marriages under personal law do not provide immunity from the Protection of Children from Sexual Offences (POCSO) Act. The court emphasized that sexual relations with a minor, even if the individuals are married under religious law, remain a criminal offense.
Court Denies Bail to Accused
The ruling came during a hearing in which the Calcutta High Court denied bail to a 31-year-old man, Khaledur Rahman, who was charged under the POCSO Act. He allegedly abducted and impregnated a 15-year-old girl, whom he claims to be his wife. Rahman argued that under Mohammedan law, marriage with a minor girl is permitted, and therefore, he should not be prosecuted under the POCSO Act.
Legal Argument and Investigation
The case surfaced after a Family Health Centre in Kaviyoor, Pathanamthitta district, reported the girl’s pregnancy to the police. When the medical officer checked her Aadhaar card, they found that she was only 16 years old. The police were informed on August 31, 2022, leading to legal action against Rahman.
Court’s Stand on the POCSO Act
The Kerala High Court stated that the POCSO Act applies universally, regardless of religious laws. The court firmly asserted that sexual exploitation of a minor is a punishable offense, irrespective of marriage.
“Sexual exploitation of any form against a child is a crime. Marriage does not provide an exception under the law. Child marriage hampers the proper growth of a child and is a major societal issue. The intent of the POCSO Act is to prevent any form of sexual relationship with minors, including under the pretense of marriage,” the court stated.
Statutory Law Prevails Over Personal Law
The court further noted that when a statutory law contradicts personal or customary law, the statutory law takes precedence unless an explicit exemption is mentioned. In this case, the POCSO Act does not provide any such exemption for Muslim marriages.
The prosecution alleged that the girl was taken from West Bengal to Kerala without her parents’ knowledge. Considering the gravity of the allegations, Justice Bechu Kurian Thomas rejected Rahman’s bail plea and upheld the charges against him.
This ruling reinforces the legal stance that child marriages, regardless of religious customs, do not provide protection against sexual offense charges under the POCSO Act.
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