Thiruvananthapuram. Under personal law, there is a rule among Muslims to marry Rajaswala daughter. The marriage of a girl child at the age of 14-15 is justified under personal law, but now the Kerala High Court has given an important decision. The High Court has said that the marriage of a minor Rajaswala girl among Muslims is also under the purview of the POCSO Act. That is, if a physical relationship is established with such a girl, then the strict POCSO law will apply to her husband. Justice Bechu Kurian Thomas, while giving the verdict, said that if one of the parties to the marriage is a minor, the marriage may be valid under personal law, but in this case the sections of POCSO will be invoked.
Justice Kurian said that the POCSO Act is a special law brought specifically to protect children from sexual offences. Every kind of sexual abuse against any child has been given a place in this act. Marriages also cannot be kept out of the POCSO Act. He said that child marriage is a violation of human rights. It hinders the development of the child’s potential and is a curse to the society. Giving this interpretation of the POCSO Act, Justice Kurian rejected the bail application of the 31-year-old man. This person had said that he had married in March 2021 under personal law.
Earlier, a POCSO court in Lakshadweep had sentenced the couple to life imprisonment for raping two girls. Special Judge of POCSO Court Anil Kumar found Musa Kunnagothi and Noorjahan Bandragothi guilty of raping girls and making videos. Earlier also the decision of the Karnataka High Court had come. In which POCSO was told above the personal law of any community. It was said in this decision that no personal law has been exempted from sexual exploitation of children under the POCSO law.