Husband liable for sex with minor Muslim wife ; POCSO Act overrides Muslim personal law : Karnata…

Husband liable for sex with minor Muslim wife ; POCSO Act overrides Muslim personal law : Karnataka HC

Karnataka High Court 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. "Such arguments cannot be accepted in view of the fact that POCSO Act is a Special Act and it over rights personal law and under POCSO Act, the age for involving in sexual activities is 18 years (sic)," the Court held. The Court also opined that the minor girl was capable of understanding the consequences of her decisions. It further said that even though the girl said she had objected to the solemnisation of her marriage, there was no prima facie evidence to show that the marriage was without her consent. The Court rejected the argument that under Muslim law, a minor girl can marry once she attains 15 years and no offence under POCSO Act would be made out against husband if such minor Muslim wife becomes pregnant.