Shashwati Chowdhury
Published on: July 8, 2022 at 15:30 IST
On Wednesday, the Delhi High Court dismissed a Muslim man’s argument that the POCSO Act does not apply to him because the girl with whom he reportedly had sex had reached puberty and was therefore a major under Muslim Personal Law.
According to Justice Jasmeet Singh, the POCSO Act was introduced with the intention of preventing sexual abuse of children and is not customary law specific.
According to the court, the purpose of the Act is to secure children while they are still very young, make sure they are not abused, and ensure that their childhood and youth are not exploited.
A petition seeking for the quashing of a First Information Report (FIR) filed under Sections 376 (rape), 377 (unnatural offences), 506 (criminal intimidation), and 406 (criminal breach of trust) of the Indian Penal Code (IPC) was being heard by the court. The IPC was being read with Section 6 of the POCSO Act.
According to the allegations, the accused went to the girl’s home and asked the girl’s parents for a marriage. The parents agreed, but only under the condition that the girl must pass her class XII examinations before being married.
Along with a sum of Rs. 10 lakh, the girl’s family also gave the man a number of gifts. The FIR alleged that the man had established sexual relations with a girl when she was 16 years and 5 months old but later refused to marry her.
The Court refused to dismiss the FIR and dismissed the plea after hearing from the counsel.
According to Muslim personal law, a Muslim girl over the age of 15 is competent to enter into a contract of marriage with the person of her choice, according to a recent ruling by the Punjab and Haryana High Court.
That order was made after a Muslim couple who had fallen in love and married according to Muslim rituals and ceremonies filed a petition for protection of life and liberty.