POCSO Act overrides personal law, Karnataka High Court rules

Marriage of a minor girl, even under a personal law, is invalid as it violates provisions of the Protection of Children from Sexual Offences (POCSO) Act, the Karnataka high court has observed.

Justice Rajendra Badamikar of Karnataka High Court gave the verdict recently, while hearing a bail plea of a man, who was arrested under the provisions of Prohibition of Child Marriage Act, 2006, as well as POCSO Act, for marrying a minor girl.

It was argued in defence of the detainee that the man and his wife are Muslims and that the Muslim Personal Law allowed the marriage of a Muslim girl on attaining puberty and on attaining the age of 15 years, hence provisions of Prohibition of Child Marriage Act cannot be applied in the present case. Justice Badamikar rejected this argument.

The Bench observed that the POCSO Act, being a Special Act, overrides the personal law. Under 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 Prohibition of Child Marriage Act, 2006 and sections 4 and 6 of the POCSO Act (sexual assault) was registered against the petitioner at the K R Puram police station accusing him of marrying and impregnating a minor Muslim girl.

The court further observed that there was no evidence to show that she raised any objections to her marriage and she was a consenting party. “Admittedly, the petitioner is the husband of the victim and looking to these facts and circumstances, there is no serious dispute regarding the marriage as the petitioner himself has produced the relevant documents before the trial,” the Bench noted.

The court granted bail to the accused on execution of a personal bond for a sum of ₹1 lakh.

In another case, the Punjab and Haryana High Court in its order dated September 30 said that Muslim female aged 15 years and above can marry a person of her choice on her own willingness and consent, and such a marriage would not be void in terms of Section 12 of the Prohibition of Child Marriage Act 2006. National Commission for the Protection of Child Rights (NCPCR) has been challenged the order in the Supreme Court.