POSCO Act Applicable To Muslim Marriages Too: Kerala High Court

Kochi/Hyderabad, Nov 21 (Maxim News): Muslim marriages under personal law are not excluded from the “Protection of Children from Sexual Offence” (POSCO Act) and sexual intercourse with a child, even if it is under the guise of marriage, is an offence said the kerala High Court.

The court denied bail to a 31 year old man charged under the Act for allegedly abducting and impregnating a 15 year old minor girl whom he claims he had married.

Justice bechu Kurian Thomas, in his order dismissing the bail, said child marriage is bane of the society and the POCSO Act is to prohibit physical relationships with a child, even under the cover of marriage. Marriage between Muslims under personal law is not excluded from the sweep of the POCSO Act. If one of the parties to the marriage is a minor, irrespective of the validity or otherwise of the marriage, offences under the POCSO Act will apply, said Justice thomas in its order (Maxim News)

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