In a clear case of conflict between Muslim personal law and Protection of Children from Sexual Offences Act (POSCO), a Special Delhi court ruled in the favour of former after weighing the case.

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In a case before the court last week, Sessions Judge Vinod Yadav acquitted an 18-year-old man, who had married a 15-year-old, and was charged of rape, kidnapping and sexual assault under the POCSO Act. 

According to an Indian Express report, the girl's mother had filed a complaint saying that the boy had enticed her daughter and taken her away.

While hearing the case, the court observed that as per the provisions of POCSO, the minor girl was "child not capable of giving consent for her marriage and consummation thereof", but since the girl and the man are Muslim under their personal law the girl is "authorised to get married at that age."

While analysing the case, the judge kept in mind that under their personal law, both the accused and his wife were permitted to contract a marriage provided the girl had attained the age of puberty. The court also stated that POSCO Act was enacted to ensure that children are not abused and protected against exploitation.

When it was observed that the girl had entered the wedlock with her "sweet will" and there was no force used against her, claims of of ‘taking away’ or ‘enticement’ were found lacking. Considering that the girl was a consenting party in the marriage, the ruling was made in the favour of the accused.

The question of Parliament unable to foresee the conflict before hand also came during the hearing.