Muslim marriage: POCSO Act applicable in case of minors, says court

KOCHI: The High Court has clarified that the POCSO Act is applicable if the persons getting married under the Muslim Personal Act are minor. The verdict of the single bench is that Muslim marriage is not exempted from the scope of this law.

Justice Bechu Kurian Thomas rejected the bail plea filed by a Muslim youth from Bengal in the case of abducting a minor girl, marrying and impregnating her. The police registered a case when he sought treatment at Kaviyoor Family Health Centre. The petitioner's contention was that according to the Muslim Personal Law, marriages under the age of 18 are valid. The court expressed doubt that personal laws would survive after the Prohibition of Child Marriage Act came into force. The validity of the marriage under personal law is also questionable as the girl is allegedly abducted. Sex with a minor is an offense under the POCSO Act. The court also said that child marriage prevents the full development of the child.