Can minors marry under Muslim law? Kerala High Court clarified

Kochi:

The Kerala High Court has held that marriage of minors under the Muslim Personal Law is not excluded from the purview of the Protection of Children from Sexual Offenses (POCSO) Act. If the bride or groom is a minor, irrespective of the validity of the marriage or otherwise, the offenses under the POCSO Act will apply.

The Single Bench of Justice Bechu Kurian Thomas further observed, “The POCSO Act is a special statute specifically designed to protect children from sexual offences. Every form of sexual abuse against a child is considered an offence. Not excluded. Sweep of legislation.

“The POCSO Act is a special Act. The enactment has taken place as a result of the progress and progress achieved in social thinking. This special law was enacted on the basis of the principles emanating from the jurisprudence relating to child abuse. Child abuse jurisprudence evolved out of necessity, weak, To protect the naïve and innocent child. The legislative intent to protect the child from sexual predators under various labels, including marriage, is clearly evident from the statutory provisions,” he added.

The court also said that child marriage has been considered a violation of human rights.

“Child marriage compromises the development of the child’s full potential. It is the curse of the society. The legislative intent reflected through the POCSO Act is to prohibit physical relations with the child even under the guise of marriage. , for a statute, as it is often called, is an expression or reflection of the will of the people. In accomplishment of the said objective, the POCSO Act has defined the word ‘child’ in section 2(d). The court said, As in ‘any person under the age of 18 years’.

“Both personal law and customary law are laws. Section 42A seeks to override such laws as well. Therefore it cannot be said that after the enactment of the POCSO Act, penetrative sexual intercourse with a child, even if he Under any guise of marriage, is an offence,” the court said.

The court gave this verdict while rejecting the bail plea of ​​a 31-year-old Muslim man accused of kidnapping and raping a minor girl. He argued that he had validly married the girl in March 2021 under the personal laws applicable to her.

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