NCPCR write to UP govt, asks to take necessary steps in Allahabad HC's minor girl verdict matter

New Delhi, August 07: Taking objection against Allahabad High Court's verdict that stated sex with a minor ‘wife’ above the age of 15 will not be considered as 'rape', the National Commission for Protection of Child Rights has written to the Uttar Pradesh govt's administration and asked him to look into the matter.

 

 

 

 

 

Moradabad's minor girl has recently filed a case against her adult husband Khushabe Ali on charges of dowry, assault, criminal intimidation, and forced sex at the Bhojpur police station. Following that, the accused had then moved to the High Court seeking bail in the case.

 

At the time of the hearing his bail application, the two judge-bench ruled that "sex with a minor wife above the age of 15 will not be considered as rape." The court also granted bail to the accused Ali in line with Muslim law.

 

The judge noted that Section 375 (punishment for rape) of the Indian Penal Code (IPC) was ratified in 2013. As such, an exception was added to the clause of rape. It read, “Sexual intercourse or sexual acts by a man with his wife, the wife not being under fifteen years of age, is not rape.”

 

Following the judgment and the derogatory remarks passed by HC, NCPCR has on 6 august written a letter to the chief secretary of the UP govt, Rajendra Kumar Tiwari.

 

In the letter, NCPCR pointed out the POCSO Act, 2012 which was formulated by the government of India to address the offense related to the children, and said that in the current matter the prosecution has failed in presenting the case of the minor properly. It highlighted that if the prosecution had made the submissions as per the spirit of the POCSO Act, the accused would not have been granted bail in such a serious offense.

 

It should be worth to be noted that the POCSO Act is a comprehensive law to provide for the protection of children from the offenses of sexual assault, sexual harassment, and pornography while safeguarding the interest and wellbeing of the child at every stage of the judicial process.POCSO Act is a Special Law and as per Section 42, A the said Act, the provisions of the POCSO Act have overriding effect on the provisions of any such law to the extent to the inconsistency. Thus, the provisions of the POCSO Act prevails over the personal laws as well as IPC.

 

Moreover, the NCPCR asked the chief secretary to review the remark passed by the HC as it seems to be derogatory to the minor and may also set a wrong precedent. "Further, the remarks of the Hon’ble High Court “sex with a minor wife above the age of 15 will not be considered as rape”(as reported in the opinion) also need to be reviewed and the State should take note of this as it seems to be derogatory to the minor and may also set a wrong precedent," NCPCR said in a statement.

 

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It also requested the govt to take necessary steps in this matter and file an urgent appeal against the aforesaid judgment/order of the Hon’ble High Court. NCPCR in the statement said, " Therefore, in the view of the above considering the sensitivity of the matter and to safeguard the rights of the children, the Commission being the monitoring body under Section 44 of the POCSO Act, 2012 requests you to take necessary steps in this matter and file an urgent appeal against the aforesaid judgment/order of the Hon’ble High Court."