Hearing a bail plea of a man who married a minor Muslim girl, the high court bench of Justice Rajendra Badamikar rejected the argument that a minor Muslim girl’s marriage upon attaining puberty, or 15 years of age, will not contravene The Prohibition of Child Marriage Act, 2006.
Marriage of a Muslim minor girl, even if allowed under the religion’s personal law, is invalid as it violates provisions of the Protection of Children from Sexual Offences (POCSO) Act, the Karnataka high court has observed in its recent order.
Hearing a bail plea of a man who married a minor Muslim girl, the high court bench of Justice Rajendra Badamikar rejected the argument that a minor Muslim girl’s marriage upon attaining puberty, or 15 years of age, will not contravene The Prohibition of Child Marriage Act, 2006, Live Law reported on Sunday.
The bench further observed that the POCSO Act, being a Special Act, overrides the personal law. As per the POCSO Act, the legal age for any woman to get involved in sexual activities is 18 years, it said.
The case was registered on June 16, when a 17-year-old girl was found to be pregnant during a check-up at a primary health care centre in Bengaluru. Since the girl was a minor, the health official informed the police following which a case under sections 9 (punishment for male adult marrying a child) and 10 (child marriage) of The Prohibition of Child Marriage Act, 2006 and sections 4 and 6 of the Pocso Act (sexual assault) was registered against the petitioner at the KR Puram police station accusing him of marrying and impregnating a minor Muslim girl.