POCSO Act overrides Muslim personal laws: Karnataka HC
This was based on two cases heard by the High Court. In the first case, one Aleem Pasha had approached the court for bail after being booked by K R Puram police in Bengaluru as he had married and impregnated his 17-year-old wife.
The court decided to grant bail in this case as there was no evidence to show that the victim had raised objections to the marriage and was a consenting party under the influence of her parents. (File photo) The Karnataka High Court has observed that special enactments like the Protection of Children from Sexual Offences Act (POCSO) and the Indian Penal Code prevailed personal laws when it came to cases related to sexual activities.
This was based on two cases heard by the High Court. In the first case, one Aleem Pasha had approached the court for bail after being booked by K R Puram police in Bengaluru as he had married and impregnated his 17-year-old wife.
The defendants seeking bail contended that the accused had not committed any offence under provisions of the Child Marriage Restraint Act, as under “Mohammedan Law, the puberty is the consideration for marriage and normal puberty age is treated as 15 years…” Justice Rajendra Badamikar, however, ruled that “such arguments cannot be accepted in view of the fact that the POCSO Act is a Special Act and it over rights [rides] personal law and under the POCSO Act, the age for involving in sexual activities is 18 years.”
The court decided to grant bail in this case as there was no evidence to show that the victim had raised objections to the marriage and was a consenting party under the influence of her parents.
“Considering the relationship of marriage, in my considered opinion, there is no impediment for admitting the petitioner on bail. Further victim being pregnant, requires proper support and petitioner can take care of his wife,” the court ruled. Pasha was booked after it was discovered that his minor wife was pregnant when she went to a medical checkup at the Primary Health Centre in Ramamurthy Nagar, Bengaluru.
In another case, the court refused to grant bail to a 19-year-old Fardin from Chikkamagaluru who had induced a 16-year old to travel with him to Mysuru, where she was raped.
The court noted that there was prima-facie material evidence against the petitioner along with medical evidence, and refused to grant him bail.
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