Kerala, Nov 20, 2022: On Sunday, the Kerala high court ruled that marriage with a minor from the Muslim community is not excluded from the purview of the Protection of Children from Sexual Offences (Pocso) Act and a husband who has physical contact with his minor wife would be subject to the Act.
In this case, the accused argued that he was legally married to the girl and the Muslim personal law board permits marriage of girls from the community once they attained puberty and he cannot be prosecuted under the Pocso.
He further argued that he had married the girl in March 2021 and had made her his legal partner under personal laws applicable to them.
In his contention, he also referred to earlier judgments from Haryana, Delhi and Karnataka high courts to support his claim. However, the court refused to agree with these claims.
“If one of the parties to the marriage is a minor, irrespective of validity of marriage or otherwise, offences under Pocso Act will stand. With respect to the learned judges (from other courts mentioned) I am unable to agree to the proposition laid down in those decisions that an offence under the Pocso will not get attracted against a Muslim marrying a minor,” the judge observed.
“A child marriage compromises the growth of the child to her full potential. It is a bane of society,” the court held as they dismissed the bail plea of the accused.
