Muslim marriage is not excluded from POCSO Act: Kerala HC dismisses bail plea of rapist who married victim under Sharia
June 4, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Bharat

Muslim marriage is not excluded from POCSO Act: Kerala HC dismisses bail plea of rapist who married victim under Sharia

The High Court held that physical relationships with minor is an offence even under the cover of marriage, while dismissing a bail petition of a 31-year-old Muslim man who is accused of kidnapping and raping a minor girl. He contended that he had validly married the girl in March 2021 under the personal laws applicable to them

WEBDESKWEBDESK
Nov 20, 2022, 11:08 am IST
in Bharat, Kerala
Follow on Google News
FacebookTwitterWhatsAppTelegramEmail

Kochi (Kerala): Kerala High Court has held that marriage between Muslims under personal law is not excluded from the sweep of the Protection of Children from Sexual Offences (POCSO) Act.

Court also ruled that 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.

The Single Bench of Justice Bechu Kurian Thomas further observed, “The POCSO Act is a special statute enacted specifically for the protection of children from sexual offences. Sexual exploitation of every nature against a child is treated as an offence. Marriage is not excluded from the sweep of the statute.

“The POCSO Act is a special enactment. The advances and progress achieved in societal thinking have resulted in the enactment. This special statute was enacted based on principles arising out of jurisprudence relating to child abuse. The child abuse jurisprudence evolved out of the need to protect the vulnerable, the gullible and the innocent child. The legislative intent to protect the child from sexual predators hovering over them under different labels, including that of marriage, is explicitly evident from the statutory provisions,” he further observed.

The court also noted that child marriages have been regarded as a human right violation.

“A child marriage compromises the growth of the child to her full potential. It is the bane of society. The legislative intent reflected through the POCSO Act is to prohibit physical relationships with a child, even under the cover of marriage. This is the intent of society, too, for a statute is, as is often said, the expression or reflection of the will of the people. In the accomplishment of the said intent, the POCSO Act has defined the word ‘child’ in section 2(d) as ‘any person below the age of 18 years,” the court observed.

“Personal laws and customary laws are both laws. Section 42A intends to override such laws also. Therefore it cannot be gainsaid that after the coming into force of the POCSO Act, penetrative sexual intercourse with a child, even if it is under the guise of marriage, is an offence,” the court added.

Court held this while dismissing a bail petition of a 31-year-old Muslim man who is accused of kidnapping and raping a minor girl. He contended that he had validly married the girl in March 2021 under the personal laws applicable to them. (With inputs from ANI)

Topics: Muslim marriageMuslim Personal LawsShariah lawKerala High CourtminorPOSCOchild marriage
Share1TweetSendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

Muslim man Tauquir pretends to be ‘Raj Singh’ to marry Hindu woman; Victim alleges ‘Love Jihad’, files police complaint

Next News

53rd International Film Festival of India kicks off in Goa today, CM Sawant inspects venue

Related News

Farman Khan and the minor girl who shot to fame during the Kumbh Mela

Kumbh Mela Girl Case: MP govt tells Kerala HC that Farman Khan and minor girl must seek bail from Madhya Pradesh court

Renowned filmmaker Adoor Gopalakrishnan speaking

Kerala: Former Governor PS Sreedharan Pillai releases 255th book in Kochi, chronicling his legal career

Representative Image

Keralam: 16-year-old married to 28-year-old Shabir Sheikh; Child marriage at Kasaragod Azhikkal Juma Masjid, 4 booked

Pakistani imam Ali Kashif deported after intervention of Italian Prime Minister Giorgia Meloni over remarks on 9-year-old girls

Pakistani Imam Ali Kashif deported from Italy for backing marriage of 9-year-old girls on TV

Kerala High Court Division Bench Lifts Stay on ‘The Kerala Story 2: Goes Beyond’

Priests conduct the sacred Padi Puja at the revered 18 Holy Steps of Sabarimala, adorned with flowers and lamps, during the auspicious Mandala–Makaravilaku season.

Keralam: High Court orders seizure of Sabarimala Padi Puja records over booking scam, bribery allegations

Load More

Latest News

India receive the fourth squadron of the Russian-made S-400 air defence system

India receives fourth S-400 missile squadron from Russia, bolstering air defence

Union Minister Shivraj Singh Chouhan

Union Minister Shivraj Singh Chouhan pushes farmer-first reforms at national kharif campaign 2026 meet

Firhad Hakim Seeks Resignation as Kolkata Mayor Amid Growing Crisis in Mamata Banerjee's TMC

Another Shock for TMC? Mamata Banerjee’s trusted lieutenant Firhad Hakim seeks to quit as Mayor amid crisis

TCS Nashik Case: Former AIMIM MP Imtiaz Jaleel Mentioned in 1,500-Page Chargesheet; Admits Meeting Nida Khan’s Family

TCS Corporate Jihad Case: Imtiaz Jaleel met Nida Khan’s family while she was absconding, says 1,500-page chargesheet

PM Modi to Overtake Nehru as India's Longest-Serving Elected Prime Minister on June 10

PM Modi set to surpass Nehru’s record, become India’s longest-serving elected Prime Minister

A representative image

West Bengal Joins Ayushman Bharat: CM Suvendu Adhikari announces coverage for 1.36 crore families

Representatives of the Hindu Janajagruti Samiti, advocates associated with the case, and the complainant address a press conference in Pune regarding allegations of religious conversion pressure and workplace harassment at Wipro Technologies.

After TCS, another Corporate Jihad: Hindu employee alleges Shahina pressured to convert, HR Zeeshan forced resignation

(Left) Nivedita Menon (Right) Arfa Khanum

Podcast Storm: Nivedita Menon & Arfa Khanum slammed for remarks on ‘Love Jihad’ and Hindu women

Operation Delta Hunt: Gujarat Police arrests 362 illegal Bangladeshis, investigates wider network

Operation Delta Hunt: Gujarat Police arrest 362 illegal Bangladeshi nationals during thes crackdown 72-hour

Bangladesh’s reported JF-17 push has triggered fresh scrutiny after India’s Ops Sindoor exposed the vulnerabilities of Pakistani-Chinese defence systems and precision strike capabilities

Shadows of Operation Sindoor: Questions loom over Bangladesh’s JF-17 ambitions amid Sino-Pakistani tech vulnerabilities

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies