Kochi, Nov 21: The Kerala High Court dominated that if one of many events in a Muslim marriage is a minor, the offence will come below the POCSO Act.
In his ruling releated to a case, Justice Bechu Kurian Thomas stated that in a wedding between Muslims, if a minor is there, it can’t be excluded below the Pocso Act.
The decide is the son of retired Justice Okay.T. Thomas who had turned down the bail plea of a 31-year-old Muslim man from West Bengal in a case registered towards him by the Thiruvalla Police in August this yr the place he was alleged to have “kidnapped” a 14-year-old lady.
The case surfaced when the native well being authorities at Thiruvalla registered a criticism {that a} lady nearing 16 years (as per Aadhaar Card information) had come for an injection and was discovered to be pregnant.
But Rehman claimed that the marriage happened at his dwelling state in March 2021 below the Muslim legislation, however the police knowledgeable the courtroom that in keeping with her mother and father no such marriage had taken place.
However the courtroom, which identified that Muslims who attain puberty have been allowed to marry below their conventional legislation, but it surely was questionable if the private legislation would prevail over a particular laws just like the POCSO Act.
Under the Act, sexual exploitation in any method towards a baby is seemed up as an offence and isn’t excluded from the sweep of the statute.
If one celebration in Muslim marriage is a minor, offence will come below POCSO Act: Kerala HC IANS 21 November 2022 Post Your Comments
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