Can minors marry under Muslim law?Kerala High Court clarifies – Flying Journals


Can minors marry under Muslim law?Kerala High Court clarifies

The court also noted that child marriage is considered a violation of human rights.

Kochi:

The Kerala High Court has ruled that minors marrying under Muslim personal laws are not excluded from the scope of the Protection of Children from Sexual Offenses (POCSO) Act. If the bride or groom is a minor, the offense under the POCSO Act will apply regardless of whether the marriage is valid or not.

The single judge, Justice Bechu Kurian Thomas, further stated, “The POCSO Act is a special statute created specifically to protect children from sexual crimes. Sexual exploitation of children of all natures is considered a crime. Marriage is not excluded in the sweeping statute.

“The POCSO Act is a special statute. Progress and progress in social thinking has led to the enactment of this statute. This special statute is based on principles that arose in jurisprudence related to child abuse. Child abuse jurisprudence was born out of Evolved from the need to: Protect vulnerable, gullible and innocent children. The legislative intent is to protect children from sexual predators who hover over them with different labels, including the marital label, and this is evident in the provisions of the law ,” he further pointed out.

The court also noted that child marriage is considered a violation of human rights.

“Child marriage compromises the full potential of children. It is the bane of society. The legislative intent reflected in the passage of the POCSO Act was to prohibit physical relations with children, even under the cover of marriage. This is the intent of society as well, because as Regulations, as it is often said, are the expression or reflection of the will of the people. To that end, the POCSO Act defines the term “child” in Section 2(d) as “any person under the age of 18,” the court stated .

“Both personal law and customary law are laws. Section 42A is also intended to override such laws. Therefore, it cannot be denied that penetrative sex with a child, even in marriage, is an offense after the POCSO Act comes into force conduct,” the court added.

The court ruled this in rejecting the bail application of a 31-year-old Muslim man accused of kidnapping and raping an underage girl. He argued that he was validly married to the girl in March 2021 under the personal law applicable to them.

(Aside from the title, this story is unedited by NDTV staff and published via a syndicated feed.)

Featured Video of the Day

Audi body found on Mumbai-Goa highway, murder case filed



Source link

Leave a Reply

Your email address will not be published. Required fields are marked *