"Sexual Activity Not Rape If 15-Year-Old Girl Is His Wife": Delhi High Court Upholds Muslim Man's Acquittal

The Delhi High Court has recently upheld the exoneration of a Muslim man who was accused of raping a 15-year-old girl. The court determined that the accused and the victim were married, both being of Muslim faith, and that their physical relationship occurred only after their marriage.

A division bench consisting of Justices Suresh Kumar Kait and Neena Bansal Krishna declared that the relationship between the accused and the victim could not be categorized as rape.

According to Muslim personal law, a Muslim girl who is at least 15 years old has the authority to enter into a marital contract with a person of her choice. In such cases, engaging in sexual activity with the girl is not considered an offense.

The High Court's observation was that since the young victim was the wife of the accused and was nearly fifteen years of age, their physical relationship could not be labeled as rape. Thus, the accused's acquittal was deemed appropriate.

The High Court concurred with the Additional Sessions Judge's conclusion that based on the child's testimony that she married the respondent (the accused) in December 2014 and only then did they engage in a physical relationship, no violation under Section 6 read with Section 5(1) of the Protection of Children from Sexual Offences Act (POCSO Act) was evident.

This case was an appeal filed by the State against a 15 November 2016 acquittal verdict that absolved the accused from the charge under Section 376 of the Indian Penal Code (IPC).

The case originated from an FIR filed by the child's mother, alleging that the accused (who was the husband of the victim's elder sister) had committed rape four to five times upon the girl in October and November 2014 when she was alone.

A medical examination revealed her pregnancy.

After assessing the case's particulars, the Court found no grounds to grant leave for an appeal, consequently dismissing the application.

Additional Public Prosecutor Manjeet Arya represented the State.

The legal issue of allowing Muslim girls below 18 to enter into valid marriages is pending before the Supreme Court.

The Punjab and Haryana High Court ruled on 13 June 2022 that, as per Muslim personal law, a Muslim girl above the age of 15 is eligible to enter into a marriage contract with a person of her choice.

The Delhi High Court also affirmed that, according to Muslim law, a minor girl who has reached puberty can marry without parental consent and has the right to live with her husband.

In cases where physical intercourse takes place only after the marriage, offenses under the POCSO Act are not applicable.

The National Commission for Protection of Child Rights (NCPCR) contested the Punjab and Haryana High Court's decision, asserting that allowing such marriages would contravene the POCSO Act and the Indian Penal Code (IPC), which sets the age of sexual consent at 18.

This issue is currently awaiting resolution by the Supreme Court.