Chandigarh: In a significant ruling, the Punjab and Haryana High Court has made it clear that any sexual activity with a person under the age of 18 constitutes statutory rape under the POCSO Act, regardless of marital status or consent. The court emphasized that even if the minor is married or provides consent, the law does not recognize it as legal.
Case Background
The ruling came in response to a petition filed by a Muslim couple from Hoshiarpur district, Punjab. The couple had married despite opposition from the girl’s family and approached the High Court seeking protection, citing threats to their safety. However, the state government informed the court that the girl is only 17 years old, making the marriage illegal under the Prohibition of Child Marriage Act, 2006.
Court’s Observations
Justice Subhash Mehla stated in the judgment that since the girl is a minor, all protective laws for children must apply, irrespective of religion or personal law. The petitioners had cited Muslim Personal Law, which allows marriage at sexual maturity (around 15 years), but the court clarified that statutory law overrides personal or religious laws.
The court reiterated that the POCSO Act is a special law designed to protect minors from sexual exploitation, and no religion, tradition, or personal law can exempt anyone from its provisions.
Legal Implication
This judgment reinforces that marriage or consent of a minor does not legalize sexual activity. Any sexual act with individuals under 18 years of age will be treated as rape under POCSO, ensuring the protection and safety of minors against exploitation.
Discover more from SD NEWS agency
Subscribe to get the latest posts sent to your email.