Personal law cannot override child protection: Delhi High Court

The Delhi High Court has clarified that while personal laws may govern the validity of a marriage, they cannot supersede criminal protections enacted by Parliament, particularly those safeguarding minors from sexual abuse.

In its judgment, the court rejected a petition seeking to quash an FIR registered against a man for rape under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act. The petitioner had argued that a marriage contracted under personal law should provide exemption from criminal prosecution.

The bench held that while personal law may determine whether a marriage has been validly contracted according to its provisions, it cannot create an exception to criminal law where no such exception has been provided by Parliament. The court emphasized that child protection statutes are designed to protect vulnerable persons irrespective of marital status or religious personal law provisions.

This ruling reinforces judicial precedent that the POCSO Act applies uniformly across all communities and cannot be circumvented through claims of valid marriage under any personal law system. The decision underscores Parliament's intent to ensure absolute protection for minors from sexual exploitation.