Muslims marriage legal & Hindus illegal with Consent of Sex ?
Dr Ajay Kummar Pandey
Advocate and Consultant | Criminal l Civil l Company Lawl Insolvency l Family Law & ors
Is Muslim marriage legal with Consent for Sex?
?Is Sex with consent legal but marriage ?Illegal for Hindus?
As you all are aware that, the Country's top court is grappling with the issue of deciding in favour or against the Islamic Law, which allows Muslims to marry a girl of 15 years of age or above.
The law of the land prescribes, the legal age for marriage, for girls 18 years and for boys 21 years, however it is not applicable to Muslims, being protected under separate Islamic Law.
Off late, the courts across the country have passed conflicting judgements on the issue.
If according to a judgement passed by Punjab and Haryana High Court, in Javed v State of Haryana and the Delhi High Court in Fija and Another v. State Govt. of NCT of Delhi & Ors for Muslims it is legal to marry a girl of 15 years age and above then according to Karnataka High Court in Aleem Pasha v. State of Karnataka, such a marriage is illegal and under no circumstances POSCO act can be overwritten.
The SC has seized upon this matter and has issued a notice to govt of India, in a petition filled by National Commission of Women, which has prayed for amendment in act to save poor Muslim girls, who are getting married under the safe cover of Islamic Laws, in contravention of POSCO Act and Child Marriage Act.
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Speaking yesterday at inaugural session of the two-day national programme on implementation of POSCO Act. 2012, Chief Justice of India, D Y Chandrachud, urged the legislature to take into consideration the growing concern around the; age of consent' under the Act.
Talking from his personal experience as judge, he said, " In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum."
In this regard, the legal provision is that as per POSCO Act is that, all sexual acts among those under the age of 18 is criminal. ?Regardless of the fact whether consent was present or not, among the minors.
The established presumption of the law is that there is no consent among those below the age of 18. Now, with this change in legislation, if it is allowed to make sex legal below the age of 18, will it not mean continue allowing Muslims to marry a girl of 15 years of age ?
Won’t it will also mean allowing Hindus to have sex with consent under the age of 18 but not allowing them marry till girls turns 18 years of age and boys of 21 years of age ?