TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Shah’s “NDA government” claim for Punjab fuels BJP-Akali alliance talk; Sukhbir Badal says doors open to all but Congress and AAP

    Shah’s “NDA government” claim for Punjab fuels BJP-Akali alliance talk; Sukhbir Badal says doors open to all but Congress and AAP

    Smriti Irani tells Haryana BJP leaders to drop VIP culture and take politics to the ground

    Smriti Irani tells Haryana BJP leaders to drop VIP culture and take politics to the ground

    Islamist Sharjeel: Jinnah Apologia and Contempt for Secularism

    Islamist Sharjeel: Jinnah Apologia and Contempt for Secularism

    Sharjeel Imam Manifesto Ignites Debate Over Constitution and Secularism

    Sharjeel Imam Manifesto Ignites Debate Over Constitution and Secularism

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India Has Kept Dairy Out of Every Trade Deal. The US Deal Is Unlikely to Be Different

    India Has Kept Dairy Out of Every Trade Deal. The US Deal Is Unlikely to Be Different

    Trump’s Russian oil tariff waiver offers India temporary relief, GTRI warns

    Trump’s Russian oil tariff waiver offers India temporary relief, GTRI warns

    What makes an NRI account the right choice for managing overseas earnings?

    What makes an NRI account the right choice for managing overseas earnings?

    One Year of Altcoin ETFs: Inflows vs Price for Every Spot Fund

    One Year of Altcoin ETFs: Inflows vs Price for Every Spot Fund

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    What the ITBP chief said about face-offs with China in Arunachal, and why it matters

    What the ITBP chief said about face-offs with China in Arunachal, and why it matters

    Indian Navy to host Indo-Pacific Regional Dialogue in New Delhi from November 3, with science and technology cooperation in focus

    Indian Navy to host Indo-Pacific Regional Dialogue in New Delhi from November 3, with science and technology cooperation in focus

    Europe’s rearmament drive is turning India into an ammunition supplier

    Europe’s rearmament drive is turning India into an ammunition supplier

    India holds diesel near Rs 95 as Gulf prices climb, but state firms and the exchequer are absorbing the cost

    India holds diesel near Rs 95 as Gulf prices climb, but state firms and the exchequer are absorbing the cost

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Made in China, Fired from Yemen: How Beijing’s Supply Chains Are Reaching the Houthis

    Made in China, Fired from Yemen: How Beijing’s Supply Chains Are Reaching the Houthis

    “Not an Inch”: Leh Apex Body Rejects China’s Claim on Western Ladakh, Asks Centre for a Firm Reply

    “Not an Inch”: Leh Apex Body Rejects China’s Claim on Western Ladakh, Asks Centre for a Firm Reply

    As Alberta Heads to Separation Vote, Ottawa Confronts at Home the Politics It Long Treated as Free Speech Abroad

    As Alberta Heads to Separation Vote, Ottawa Confronts at Home the Politics It Long Treated as Free Speech Abroad

    Rubio Heads to Mumbai and Jamnagar to Push Energy Deals, Business Investment and Strategic Ties

    Rubio Heads to Mumbai and Jamnagar to Push Energy Deals, Business Investment and Strategic Ties

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    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

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Travel Insurance for Long Layovers: What’s Covered Between Connecting Flights

    Travel Insurance for Long Layovers: What’s Covered Between Connecting Flights

    What Makes an Aluminium Suitcase a Practical Choice for Frequent Travellers?

    What Makes an Aluminium Suitcase a Practical Choice for Frequent Travellers?

    Few Bollywood faces at Nana Patekar’s funeral as farmers fill the gap

    Few Bollywood faces at Nana Patekar’s funeral as farmers fill the gap

    Why Sports Predictions Have Become More Popular in the Digital Age

    Why Sports Predictions Have Become More Popular in the Digital Age

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Shah’s “NDA government” claim for Punjab fuels BJP-Akali alliance talk; Sukhbir Badal says doors open to all but Congress and AAP

    Shah’s “NDA government” claim for Punjab fuels BJP-Akali alliance talk; Sukhbir Badal says doors open to all but Congress and AAP

    Smriti Irani tells Haryana BJP leaders to drop VIP culture and take politics to the ground

    Smriti Irani tells Haryana BJP leaders to drop VIP culture and take politics to the ground

    Islamist Sharjeel: Jinnah Apologia and Contempt for Secularism

    Islamist Sharjeel: Jinnah Apologia and Contempt for Secularism

    Sharjeel Imam Manifesto Ignites Debate Over Constitution and Secularism

    Sharjeel Imam Manifesto Ignites Debate Over Constitution and Secularism

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India Has Kept Dairy Out of Every Trade Deal. The US Deal Is Unlikely to Be Different

    India Has Kept Dairy Out of Every Trade Deal. The US Deal Is Unlikely to Be Different

    Trump’s Russian oil tariff waiver offers India temporary relief, GTRI warns

    Trump’s Russian oil tariff waiver offers India temporary relief, GTRI warns

    What makes an NRI account the right choice for managing overseas earnings?

    What makes an NRI account the right choice for managing overseas earnings?

    One Year of Altcoin ETFs: Inflows vs Price for Every Spot Fund

    One Year of Altcoin ETFs: Inflows vs Price for Every Spot Fund

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    What the ITBP chief said about face-offs with China in Arunachal, and why it matters

    What the ITBP chief said about face-offs with China in Arunachal, and why it matters

    Indian Navy to host Indo-Pacific Regional Dialogue in New Delhi from November 3, with science and technology cooperation in focus

    Indian Navy to host Indo-Pacific Regional Dialogue in New Delhi from November 3, with science and technology cooperation in focus

    Europe’s rearmament drive is turning India into an ammunition supplier

    Europe’s rearmament drive is turning India into an ammunition supplier

    India holds diesel near Rs 95 as Gulf prices climb, but state firms and the exchequer are absorbing the cost

    India holds diesel near Rs 95 as Gulf prices climb, but state firms and the exchequer are absorbing the cost

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Made in China, Fired from Yemen: How Beijing’s Supply Chains Are Reaching the Houthis

    Made in China, Fired from Yemen: How Beijing’s Supply Chains Are Reaching the Houthis

    “Not an Inch”: Leh Apex Body Rejects China’s Claim on Western Ladakh, Asks Centre for a Firm Reply

    “Not an Inch”: Leh Apex Body Rejects China’s Claim on Western Ladakh, Asks Centre for a Firm Reply

    As Alberta Heads to Separation Vote, Ottawa Confronts at Home the Politics It Long Treated as Free Speech Abroad

    As Alberta Heads to Separation Vote, Ottawa Confronts at Home the Politics It Long Treated as Free Speech Abroad

    Rubio Heads to Mumbai and Jamnagar to Push Energy Deals, Business Investment and Strategic Ties

    Rubio Heads to Mumbai and Jamnagar to Push Energy Deals, Business Investment and Strategic Ties

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    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

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Travel Insurance for Long Layovers: What’s Covered Between Connecting Flights

    Travel Insurance for Long Layovers: What’s Covered Between Connecting Flights

    What Makes an Aluminium Suitcase a Practical Choice for Frequent Travellers?

    What Makes an Aluminium Suitcase a Practical Choice for Frequent Travellers?

    Few Bollywood faces at Nana Patekar’s funeral as farmers fill the gap

    Few Bollywood faces at Nana Patekar’s funeral as farmers fill the gap

    Why Sports Predictions Have Become More Popular in the Digital Age

    Why Sports Predictions Have Become More Popular in the Digital Age

    • 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

Ram Manohar Lohia case
Law

When Ram Manohar Lohia took on Nehru over the First Amendment and won

12 October 2026

Ram Manohar Lohia case: When we talk about Ram Manohar Lohia, discussions always move towards the socialist leader attacking...

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...

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

INS Samarthak: The Indigenous Warship Built to Do More Than One Job VO:

INS Samarthak: The Indigenous Warship Built to Do More Than One Job VO:

00:03:01

Why Is India Investing in Underwater Weapons?

00:02:10

How DRDO Is Making India's Military Communications More Secure

00:03:28

How Ice on Aircraft Wings Can Turn Deadly

00:03:19

Indian Army’s New Logistics Plan: Why Bharat Rice Matters

00:04:35
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