Marrying Minor Girl Goes Against Child Marriage Act Even If Muslim Law Permits: Karnataka High Court

The Karnataka High Court has rejected the argument that marrying a Muslim girl who has attained 15 years of age, does not go against the Prohibition of Child Marriage Act.

It also held that, the Protection of Children from Sexual Offences (POCSO) Act, which mandates 18 years of age for indulgence in sexual activity, overrides personal law.

By this, it rejects the argument of attainment of puberty as the criteria for marriage under Muslim law.

The court, as reported by Live Law, was hearing a case (Aleem Pasha versus State of Karnataka) in which a 17-year-old who approached the Primary Health Centre (PHC) in Ramamurthy Nagar for medical checkup, was found pregnant.

As per the court order, upon knowing that she was aged only 17 years, a case had been lodged by sub-inspector of K R Puram Police Station, against Aleem Pasha, the husband of the 17-year-old.

Pasha (accused) was arrested and then later remanded to judicial custody as per the order.

He then moved a bail petition and his lawyer argued that under the Muslim law, it is puberty — which is seen as 15 years of age — that is treated as the consideration for marriage and hence, there was no offence committed under the relevant sections of the Child Marriage Act.

While hearing the bail petition, which the court allowed, it noted that such arguments cannot be accepted since POCSO is a special act and it over-rides personal law.

Also, it noted that under this act, the age for involving in sexual activities is 18 years.

While granting bail, it noted that although the victim is 17 years old and asserted that the marriage was solemnised without her consent, there is no evidence to show that she had raised any objection to it.

It also noted that the bail would enable the accused, who is the husband of the victim, to take care of his wife as she is pregnant and requires proper support.

Earlier this year, the Punjab and Haryana High Court had held that a Muslim female of 15 years and above can marry and that the Prohibition of Child Marriage Act would not render such a marriage void.

It reiterated the same while hearing a habeas corpus petition filed by a 26-year-old Javed against the detention of his wife, aged 16, in a children’s home.