01/11/2022, 4 years ago
Karnataka HC maintains POCSO Act overrides Muslim personal law husband liable for sex with minor Muslim wife
The Karnataka High Court has recently held that the Protection of Children from Sexual Offences (POCSO) Act overrides Muslim personal law with respect to the age of consent for sex and hence, sex after marriage with minor Muslim girl would not be exempted from POCSO
Single-judge Justice Rajendra Badamikar rejected the argument that under Muslim law, a minor girl can marry once she attains 15 years and, hence, no offence under POCSO Act or Child Marriage Restraint Act would be made out against husband if such minor Muslim wife becomes pregnant.