Nikah halala cannot become a shield against criminal law
Hyderabad, July 11 -- The Allahabad High Court's refusal to quash a first information report (FIR) alleging repeated rape under the guise of nikah halala is a significant reminder of a constitutional first principle: criminal law admits of no religious exception.
In holding that allegations attracting the Protection of Children from Sexual Offences (POCSO) Act cannot be defeated by invoking Muslim personal law, the High Court has reaffirmed a proposition that is central to India's constitutional order - personal law may regulate private relationships, but it cannot immunise conduct that Parliament has declared to be criminal.
The case is about criminal law, not theology
Much of the public discussion surrounding the judgment has centred...
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