Delhi High Court has refused to give major relief to a person who married a minor girl. The court made it clear that serious criminal charges like sexual harassment cannot be quashed on humanitarian grounds. The girl's desire to live with the accused does not eliminate her legal responsibility for the crimes alleged to have been committed when she was a minor.
A bench of Justice Sanjeev Narula, hearing the case, said that the personal will of a minor and the criminal liability of the accused for the alleged crime committed against him are two different subjects.
POCSO Act: Minor's consent has no legal significance
Delhi High Court said that the objective of the POCSO Act is to provide protection to children from sexual abuse and exploitation. Under the law, consent given by a person under the age of 18 to sexual activity is not legally recognized.
The court also clarified that the question of consent of the minor does not depend on whether the relationship was created by force, duress or fraud. Additionally, the perceived maturity of the child does not affect this legal protection.
Protection of POCSO law does not end after marriage
During the hearing, the High Court also cited a decision of the Supreme Court. It was clarified in this that mere marriage of a minor does not end the protection given to the child under criminal law. It is clear from the stand of the court that marriage or desire to live together cannot be made the basis for quashing the charges related to sexual exploitation of a minor.
Serious charges cannot be quashed on humanitarian grounds
The Delhi High Court gave a clear message that protection of the law is paramount in cases of sexual offenses against minors. Serious criminal charges cannot be automatically dropped based on individual circumstances or humanitarian grounds.
Follow the LALLURAM.COM MP channel on WhatsApp