Muslims Marrying Minors Can be Prosecuted under POCSO Act: Kerala HC

Kochi: Muslims marrying minors is also an offense under the POCSO Act, opined Kerala High Court.

The Kerala High Court has ruled that if one of the parties to a marriage between Muslims is a minor, then it will invite prosecution under the POCSO Act. Justice Bechu Kurian Thomas came up with this ruling while passing an order related to a bail plea by Khaledur Rahman of West Bengal (31) in a case registered against him in Thiruvalla police station.

He is accused of abducting a minor girl from West Bengal, when she was 14 and sexually exploiting her.

Local medical authorities at Thiruvalla had registered a complaint against him when they found that a 16-year-old girl, who had come to have an injection, was pregnant. Rahman had claimed that he had married the girl as per Muslim law. But police told the court that the girl’s parents were unaware of the marriage and there was no evidence of marriage under Muslim law.

The court turned down the bail plea of Rahman on November 18. But the court pointed out that Muslims who attain puberty were allowed to marry under their traditional law, but it was questionable if the personal law would prevail over a special legislation like the POCSO Act.

Under the POCSO Act, sexual exploitation in any manner against a child is considered as an offence and is not excluded from the sweep of the statute.