The Kerala excessive courtroom has held that marriage with a minor from the Muslim group isn’t excluded from the ambit of the Safety of Youngsters from Sexual Offences (Pocso) Act and her Muslim husband who has bodily contact together with his minor spouse could be liable underneath the act.
The only bench of justice Bachu Kurian Thomas on Friday dominated that if one of many events is a minor, offences underneath the Pocso Act will apply, whereas dismissing the bail plea of an accused who was arrested for raping a 16-year-old woman from West Bengal who later turned out to be his spouse. In keeping with the prosecution, the accused kidnapped the minor and sexually assaulted her a number of instances. Later, the 31-year-old married the woman.
The accused contended that he was legally married to the woman and the Muslim private regulation board permits marriage of women from the group as soon as they attain puberty, and that he can’t be prosecuted underneath the Pocso Act. He argued that he had married the woman in March 2021 and had made her his authorized associate underneath private legal guidelines relevant to them. He additionally cited earlier judgments from Haryana, Delhi and Karnataka excessive courtroom to assist his declare. However the courtroom rejected the submissions.
“If one of many events to the wedding is a minor, no matter validity of marriage or in any other case, offences underneath Pocso Act will stand. With respect to the discovered judges (from different courts talked about), I’m unable to conform to the proposition laid down in these choices that an offence underneath Pocso won’t get attracted towards a Muslim marrying a minor,” the choose noticed.
The courtroom famous that the Pocso Act was a particular enactment and advances and progress achieved in societal pondering have resulted within the enactment. This particular statute was enacted based mostly on rules arising out of jurisprudence regarding youngster abuse. The courtroom stated the legislative intent mirrored by the Pocso Act was to ban bodily relationship with a baby, even underneath the quilt of marriage.
“A toddler marriage compromises the expansion of the kid to her full potential. It’s bane of society,” the courtroom noticed whereas dismissing the bail plea of the accused.
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