TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    GANDHI’S WAR 1918: WHEN AHIMSA BACKED THE EMPIRE

    The Collaborationist Apostle: Gandhi’s 1918 Betrayal of Ahinsa

    Mahatma Gandhi’s views on Cows, Cow Vigilantism and Cow-Slaughter

    Beyond the G2 Mirage: Why Great-Power Bargains Cannot Dictate India’s Ascent

    Beyond the G2 Mirage: Why Great-Power Bargains Cannot Dictate India’s Ascent

    PM Modi Speaks to Captain Smit Machchhar: “India Is Waiting to Welcome You”

    PM Modi Speaks to Captain Smit Machchhar: “India Is Waiting to Welcome You”

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Why More Vehicle Owners Are Choosing Online Car Insurance for Their Coverage Needs

    Why More Vehicle Owners Are Choosing Online Car Insurance for Their Coverage Needs

    Best Stripe Alternatives for Receiving Money in India (2026)

    Best Stripe Alternatives for Receiving Money in India (2026)

    Essar Group’s $18 billion Iowa steel plant — a “true homecoming” for Rewant Ruia, and the largest plant in US history

    Essar Group’s $18 billion Iowa steel plant — a “true homecoming” for Rewant Ruia, and the largest plant in US history

    What Makes an Online Slots Platform Safer for UK Players?

    What Makes an Online Slots Platform Safer for UK Players?

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    INS Trishul Reaches Valencia as Indian Navy’s Mediterranean Deployment Continues

    INS Trishul Reaches Valencia as Indian Navy’s Mediterranean Deployment Continues

    114 Rafales by Financial Year-End? What India Could Get, and Where Tejas Mk1A, Mk2 and AMCA Fit

    114 Rafales by Financial Year-End? What India Could Get, and Where Tejas Mk1A, Mk2 and AMCA Fit

    Six BRICS Leaders, One Navy-Backed Indian Underwater Robot: What the EyeROV Moment Means

    Six BRICS Leaders, One Navy-Backed Indian Underwater Robot: What the EyeROV Moment Means

    Indian Navy Deepens Maritime Partnerships from the Mediterranean to the South China Sea

    Indian Navy Deepens Maritime Partnerships from the Mediterranean to the South China Sea

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Pakistan defence minister’s throat gesture at Afghan woman journalist draws condemnation

    Pakistan defence minister’s throat gesture at Afghan woman journalist draws condemnation

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    The Jugular Vein That Bleeds Itself

    The Jugular Vein That Bleeds Itself

    US Ambassador Sergio Gor Hails Indo-US Troops Training Together at Mahajan Range, Calls Yudh Abhyas a Sign of Deepening Defence Ties

    US Ambassador Sergio Gor Hails Indo-US Troops Training Together at Mahajan Range, Calls Yudh Abhyas a Sign of Deepening Defence Ties

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    From “Nepotism” to the Pandya-Rahul Row: 7 Koffee With Karan Moments That Shook Bollywood

    From “Nepotism” to the Pandya-Rahul Row: 7 Koffee With Karan Moments That Shook Bollywood

    What Jaishankar’s food crisis warning reveals about India’s fertiliser weakness and its rice-export power

    What Jaishankar’s food crisis warning reveals about India’s fertiliser weakness and its rice-export power

    The Engagement Gap: Why Two TikTok Videos With the Same Views Can Perform Completely Differently

    The Engagement Gap: Why Two TikTok Videos With the Same Views Can Perform Completely Differently

    Mangal Dosha and Marriage Compatibility: What Does Astrology Say?

    Mangal Dosha and Marriage Compatibility: What Does Astrology Say?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    GANDHI’S WAR 1918: WHEN AHIMSA BACKED THE EMPIRE

    The Collaborationist Apostle: Gandhi’s 1918 Betrayal of Ahinsa

    Mahatma Gandhi’s views on Cows, Cow Vigilantism and Cow-Slaughter

    Beyond the G2 Mirage: Why Great-Power Bargains Cannot Dictate India’s Ascent

    Beyond the G2 Mirage: Why Great-Power Bargains Cannot Dictate India’s Ascent

    PM Modi Speaks to Captain Smit Machchhar: “India Is Waiting to Welcome You”

    PM Modi Speaks to Captain Smit Machchhar: “India Is Waiting to Welcome You”

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Why More Vehicle Owners Are Choosing Online Car Insurance for Their Coverage Needs

    Why More Vehicle Owners Are Choosing Online Car Insurance for Their Coverage Needs

    Best Stripe Alternatives for Receiving Money in India (2026)

    Best Stripe Alternatives for Receiving Money in India (2026)

    Essar Group’s $18 billion Iowa steel plant — a “true homecoming” for Rewant Ruia, and the largest plant in US history

    Essar Group’s $18 billion Iowa steel plant — a “true homecoming” for Rewant Ruia, and the largest plant in US history

    What Makes an Online Slots Platform Safer for UK Players?

    What Makes an Online Slots Platform Safer for UK Players?

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    INS Trishul Reaches Valencia as Indian Navy’s Mediterranean Deployment Continues

    INS Trishul Reaches Valencia as Indian Navy’s Mediterranean Deployment Continues

    114 Rafales by Financial Year-End? What India Could Get, and Where Tejas Mk1A, Mk2 and AMCA Fit

    114 Rafales by Financial Year-End? What India Could Get, and Where Tejas Mk1A, Mk2 and AMCA Fit

    Six BRICS Leaders, One Navy-Backed Indian Underwater Robot: What the EyeROV Moment Means

    Six BRICS Leaders, One Navy-Backed Indian Underwater Robot: What the EyeROV Moment Means

    Indian Navy Deepens Maritime Partnerships from the Mediterranean to the South China Sea

    Indian Navy Deepens Maritime Partnerships from the Mediterranean to the South China Sea

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Pakistan defence minister’s throat gesture at Afghan woman journalist draws condemnation

    Pakistan defence minister’s throat gesture at Afghan woman journalist draws condemnation

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    The Jugular Vein That Bleeds Itself

    The Jugular Vein That Bleeds Itself

    US Ambassador Sergio Gor Hails Indo-US Troops Training Together at Mahajan Range, Calls Yudh Abhyas a Sign of Deepening Defence Ties

    US Ambassador Sergio Gor Hails Indo-US Troops Training Together at Mahajan Range, Calls Yudh Abhyas a Sign of Deepening Defence Ties

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    From “Nepotism” to the Pandya-Rahul Row: 7 Koffee With Karan Moments That Shook Bollywood

    From “Nepotism” to the Pandya-Rahul Row: 7 Koffee With Karan Moments That Shook Bollywood

    What Jaishankar’s food crisis warning reveals about India’s fertiliser weakness and its rice-export power

    What Jaishankar’s food crisis warning reveals about India’s fertiliser weakness and its rice-export power

    The Engagement Gap: Why Two TikTok Videos With the Same Views Can Perform Completely Differently

    The Engagement Gap: Why Two TikTok Videos With the Same Views Can Perform Completely Differently

    Mangal Dosha and Marriage Compatibility: What Does Astrology Say?

    Mangal Dosha and Marriage Compatibility: What Does Astrology Say?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Equality: Muslim Personal Law not excluded from the ambit of POCSO

Shivam Jaiswal by Shivam Jaiswal
22 November 2022
in Law
POCSO Act
Share on FacebookShare on X

Society is an amalgamation of people from diverse strata with distinct values. As a consequence, a sharp divide exists between the populace with respect to their social, ethical, philosophical and cultural ideologies. Owing to these cultural divergences, a variety of personal and customary laws are in place to meet the ends of plurality.

On the contrary, due to the preferential application of the aforementioned personal laws, the vulnerable groups, especially women and children are subjected to various atrocities. Therefore, the application of personal laws needs reconsideration as they are inclined towards promoting patriarchy with respect to communities availing these privileges.

RelatedPosts

Secular POSCO: Delhi HC Rejects Personal Law Defence

Chinmayi Faces Backlash Over Janmashtami Post Linking Festival To Rape

Muslim Personal Law Cannot Shield Minor Sex: Kerala HC

Load More

Muslim man kidnaps and rapes a minor girl

The case arose out of an incident where a Muslim man, aged 31 years, was accused of kidnapping and raping a minor girl from Kolkata. The victim was only 15 years and 8 months old on the date of registration of the FIR. The crime was registered after intimation was received from the doctor whom the victim and the accused had approached for a check-up on her pregnancy.

The accused was arrested on the 1st of September 2022 and has been in detention since then. It is alleged that their marriage took place on the 14th of March 2021 in West Bengal as per Islamic rites and customs under Muslim law and was registered under the West Bengal Act XXVI of 1961. The age of the victim at the time of marriage was, therefore, only 14 years and 4 months. The court denied the bail plea of the accused and made a historic observation.

Child abuse penology & POCSO ACT

Recently, the Single Bench of Justice Bechu Kurian Thomas pronounced a progressive verdict illustrating the principles of equal application of law. Hon’ble Justice Bechu Kurian Thomas catechized the subordination of ‘special law’ by the ‘personal’ and ‘customary laws.’ The aforementioned judgment brings the marriages performed under personal laws within the purview of Protection of Children from Sexual Offenses (POCSO) Act, 2012.

Furthermore, if any of the party involved is juvenile, the validity of marriage would become irrelevant to prosecute under the provisions of POCSO Act, 2012. The court further illustrated the essence of child protection legislations and observed, “The POCSO Act is a special statute enacted specifically for the protection of children from sexual offences. Sexual exploitation of every nature against a child is treated as an offence. Marriage is not excluded from the sweep of the statute.”

The court further mentioned that underage marriages have traditionally been subjected to the atrocities of child abuse.

Significantly, underlining the need of the special law, the court held, “The POCSO Act is a special enactment. The advances and progress achieved in societal thinking have resulted in the enactment. This special statute was enacted based on principles arising out of jurisprudence relating to child abuse. The child abuse jurisprudence evolved out of the need to protect the vulnerable, the gullible and the innocent child. The legislative intent to protect the child from sexual predators hovering over them under different labels, including that of marriage, is explicitly evident from the statutory provisions.”

Evils of Child Marriage

The Hon’ble Justice points out the tribulations caused by the menace of child marriage on the development and growth prospects of a child.

The court observed, “A child marriage compromises the growth of the child to her full potential. It is the bane of society. The legislative intent reflected through the POCSO Act is to prohibit physical relationships with a child, even under the cover of marriage. This is the intent of society, too, for a statute is, as is often said, the expression or reflection of the will of the people. In the accomplishment of the said intent, the POCSO Act has defined the word ‘child’ in section 2(d) as ‘any person below the age of 18 years.”

Also Read: Mockery of the POCSO Act; Maulana comes to court and marries rape victim, a minor, to her rapist

POCSO overrides the Personal Laws

The Single Bench of the Kerala High Court took a view that the criminality that follows from the illicit acts against a minor child cannot be granted the exemptions provided under personal and customary laws.

The court pointed out that “Personal laws and customary laws are both laws. Section 42A intends to override such laws also. Therefore, it cannot be gainsaid that after the coming into force of the POCSO Act, penetrative sexual intercourse with a child, even if it is under the guise of marriage, is an offence.”

In view of the above debate, the court was of the view that marriage between Muslims under personal law is not excluded from the ambit of the POCSO Act, 2012. If one of the parties to the marriage is a minor, irrespective of the validity or otherwise of the marriage, offenses under the POCSO Act will apply. Accordingly, the bail application was dismissed in the aforementioned case.  

Consequently, the minorities availing the privileges of the above personal laws are against the equality principle and are subjugating the rights of women and children. On the contrary, the long-standing constitutional aspiration mandating the Uniform Civil Code and equal application of penal laws is the only way out to overcome this menace.

That is to say, the state should have the same yardstick for the application of the penal provisions and divergence on the face of customary laws should be discouraged

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

Tags: childChild abusemarriageMuslim Personal LawpocsoRape
ShareTweetSend
Previous Post

Maharashtra Cricket Association Stadium: History and Features

Next Post

Aradhana was initially the side project of Shakti Samanta, but Kishore Kumar had other ideas

Related Posts

The Biggest Mistakes Injured Workers Make After a Workplace Accident
Law

The Biggest Mistakes Injured Workers Make After a Workplace Accident

20 August 2026

A workplace injury can change everything in a matter of seconds. One moment you are focused on your job,...

Reasons a Truck Accident Case May Go to Trial
Law

Reasons a Truck Accident Case May Go to Trial

19 July 2026

A truck accident case may go to trial when the parties cannot agree on liability, the value of the...

What Evidence is Used to Calculate Economic Damages?
Law

What Evidence is Used to Calculate Economic Damages?

1 July 2026

Economic damages are the actual financial losses a person suffers after an injury or wrongful act. They cover things...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

Hanuman Chalisa Kept Me Going': Flydubai Hero Smit

Hanuman Chalisa Kept Me Going': Flydubai Hero Smit

00:10:03

How Pakistan-Linked Drug Networks Are Targeting India | Coast Guard Deals a ₹3,000 Crore Blow

00:03:28

How SkyStriker Hunts Its Target: Inside India’s Loitering Munition

00:03:49

F-35 vs Rafale? Inside India’s Biggest Air Exercise

00:05:54

China and the Philippines Are Fighting a War With Maps, Not Missiles

00:05:55
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited