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Punjab and Haryana High Court clarified that sexual relations with a minor wife under 18, even after marriage, constitute legal rape under POCSO, emphasizing child protection over religious or personal laws.
The Punjab and Haryana High Court delivers an important judgment on underage marriage and marital relationships
New Delhi: The Punjab and Haryana High Court has delivered a landmark judgment clarifying that sexual relations with a girl under 18 years of age, even after marriage, will legally be considered rape.
This decision makes it clear that special laws enacted for the protection of minors supersede personal or religious laws, regardless of their provisions. The case originated in Hoshiarpur, Punjab, where a 17-year-old Muslim girl and her husband married against the wishes of their families.
Following the marriage, they felt the need for protection and filed a petition in court. They argued that according to Muslim Personal Law, a girl can marry at the age of 15.
Justice Subhash Mehta rejected this argument, clarifying that personal laws cannot override special laws. The court based its decision on three laws:
The Prohibition of Child Marriage Act, 2006—which sets the minimum legal age of marriage for a girl at 18 years.
The POCSO Act, 2012—which defines sexual relations with any person under 18 years of age, regardless of consent or marital status, as statutory rape.
The Juvenile Justice (Care and Protection of Children) Act, 2015—which establishes the legal responsibility to protect every minor from abuse, exploitation, and neglect.
The court stated that these laws are secular and welfare-oriented, and therefore supersede any personal or religious law. If the court were to accept the marriage of a minor, the very purpose of protecting children would be defeated.
The court ordered that the minor girl be produced before the Child Welfare Committee (CWC). The CWC is mandated to conduct an inquiry under Section 36 of the Juvenile Justice Act and ensure the girl's safety and well-being. The police were also directed to protect the petitioner couple from any physical harm.
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This judgment underscores the importance of children's rights and their protection. It clarifies that child marriage and subsequent sexual relations are legally punishable offenses and cannot be legitimized by any marital or religious justification.
