Marriage of a Muslim minor lady, even when allowed below the faith’s private regulation, is invalid because it violates provisions of the Safety of Youngsters from Sexual Offences (POCSO) Act, the Karnataka excessive courtroom has noticed in its current order.
Listening to a bail plea of a person who married a minor Muslim lady, the excessive courtroom bench of Justice Rajendra Badamikar rejected the argument {that a} minor Muslim lady’s marriage upon attaining puberty, or 15 years of age, won’t contravene The Prohibition of Little one Marriage Act, 2006, Dwell Legislation reported on Sunday.
The bench additional noticed that the POCSO Act, being a Particular Act, overrides the non-public regulation. As per the POCSO Act, the authorized age for any girl to get entangled in sexual actions is eighteen years, it mentioned.
The case was registered on June 16, when a 17-year-old lady was discovered to be pregnant throughout a check-up at a major well being care centre in Bengaluru. Because the lady was a minor, the well being official knowledgeable the police following which a case below sections 9 (punishment for male grownup marrying a toddler) and 10 (youngster marriage) of The Prohibition of Little one Marriage Act, 2006 and sections 4 and 6 of the Pocso Act (sexual assault) was registered towards the petitioner on the KR Puram police station accusing him of marrying and impregnating a minor Muslim lady.
Searching for bail, the petitioner’s counsel argued earlier than the excessive courtroom that below Mohammedan Legislation, puberty is the consideration for marriage and regular puberty age is handled as 15 years therefore, within the instantaneous case, for the reason that lady had attained puberty, there was no fee of an offence below sections 9 and 10 of the Act restraining youngster marriage, Dwell Legislation reported.
Nonetheless, the bench categorically rejected this argument by stressing that POCSO Act overrides private regulation.
The courtroom additional noticed that there was no proof to indicate that she raised any objections to her marriage and he or she was a consenting get together. “Admittedly, the petitioner is the husband of the sufferer and trying to these info and circumstances, there isn’t any severe dispute relating to the wedding because the petitioner himself has produced the related paperwork earlier than the trial,” the bench famous.
The courtroom granted bail to the accused on his executing a private bond for a sum of ₹1 lakh.
Earlier, the Punjab and Haryana excessive courtroom in its order dated September 30 mentioned that Muslim feminine aged 15 years and above can marry an individual of her alternative on her personal willingness and consent, and such a wedding wouldn’t be void when it comes to Part 12 of the Prohibition of Little one Marriage Act 2006. The mentioned order has been challenged within the Supreme Court docket by the Nationwide Fee for the Safety of Little one Rights (NCPCR).