KOCHI: If one of the parties to a marriage between Muslims is a minor, offences under the POCSO Act will be attracted, irrespective of the validity of the marriage, the Kerala High Court has held.
Disagreeing with the views of the Punjab and Haryana, Delhi, and Karnataka high courts, that an offence under the POCSO Act is not attracted against a Muslim marrying a minor, justice Bechu Kurian Thomas held, “In view of the above discussion, I am of the considered view that marriage between Muslims under personal law is not excluded from the sweep of the POCSO Act. 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.”
