Punjab-Haryana High Court Clarifies: Sexual Activity with Minors is Statutory Rape, Marriage or Consent Irrelevant
Chandigarh: In a significant ruling, the Punjab and Haryana High Court has made it clear that any sexual activity with a person under the age of 18 constitutes statutory rape under the POCSO Act, regardless of marital status or consent. The court emphasized that even if the minor is married or provides consent, the law does not recognize it as legal.
Case Background
The ruling came in response to a petition filed by a Muslim couple from Hoshiarpur district, Punjab. The couple had married despite opposition from the girl’s family and approached the High Court seeking protection, citing threats to their safety. However, the state government informed the court that the girl is only 17 years old, making the marriage illegal under the Prohibition of Child Marriage Act, 2006.
Court’s Ob...





