Having physical relations with an underage wife…; High Court gave a big decision A to Z Counsel

Kerala: The Kerala High Court has given an important order that marriage between Muslims under the Personal Law is the same as under the POCSO Act. If the husband has sex with his underage wife, he can be booked under the POCSO Act. The observations are reported to the Bench of Justice Kurian Thomas.

In Muslim personal law, if the marriage is recognized, then both the bride and the bridegroom have a minor child and a crime can be filed under POCSO, as the bench has said. Justice Thomas disagreed with the judgments given by the Punjab, Haryana High Court and the Delhi High Court. In one case, the court would have granted the 15-year-old minor Muslim girl the right to marry of her choice and would have given a suit against filing a crime under POCSO for having physical relations with a minor minor girl.

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What is the episode?

Khalidur Rahman’s bail application hearing is underway in Kerala High Court. Rahmanwar is accused of sexually abusing a 16-year-old girl, who is also his wife. Rahman abducted the victim from West Bengal and tortured her. After that Rahman had asked to marry a minor girl for protection. According to Muslim personal law, girls who have started menstruation have the right to marry. That’s why minor girls’ husbands are booked under POCSO law.

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What did the court say?

Or while dismissing the case, the court had said that child marriage is a violation of human rights. This is a curse for the society. POCSO Act is a special law. A law has been made to protect young children from sexual assault and to keep them safe. All kinds of sexual assault on children is considered a crime. Minor marriages are not excluded from this. No one can be excluded from the POCSO Act, the High Court has noted irrelevant observations.

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