If one party in Muslim marriage is a minor, offense will come under POCSO Act: Kerala HC

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Kochi: The Kerala Excessive Court docket dominated that if one of many events in a Muslim marriage is a minor, the offense will come beneath the POCSO Act.

In his ruling associated to a case, Justice Bechu Kurian Thomas stated that in a wedding between Muslims, if a minor is there, it can’t be excluded beneath the Pocso Act.

The choose is the son of retired Justice KT Thomas who had turned down the bail plea of ​​a 31-year-old Muslim man from West Bengal in a case registered in opposition to him by the Thiruvalla Police in August this 12 months the place he was alleged to have ” kidnapped” a 14-year-old woman.

The case surfaced when the native well being authorities at Thiruvalla registered a criticism {that a} woman nearing 16 years (as per Aadhaar Card information) had come for an injection and was came upon to be pregnant.

However Rehman claimed that the marriage befell at his dwelling state in March 2021 beneath the Muslim legislation, however the police knowledgeable the court docket that in response to her dad and mom no such marriage had taken place.

Nonetheless the court docket, which identified that Muslims who attain puberty had been allowed to marry beneath their conventional legislation, but it surely was questionable if the private legislation would prevail over a particular laws just like the POCSO Act.

Below the Act, sexual exploitation in any method in opposition to a baby is regarded up as an offense and isn’t excluded from the sweep of the statute.

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