Sohaila, presently is just a 12-years-old girl while her husband,  Ahmed is 60 years old. They got married two years ago, when Sohaila was just 10 years old.

“I have got all money and have all the rights to buy myself a young and a beautiful wife. But I did not force her. I bought her from her father and paid him money. I beat her when she does not listen to me or when she says, I am too old but I am not. I still have sex with her and can produce babies but I use Condom“, says Ahmed.

“I have no good thoughts about my life. My mother told me that I can’t commit suicide because that is against Islam. And when he (Ahmed) sleeps with you, don’t cry or run away but submit yourself as a good wife. Do what he says and always keep him happy. Allah will bless you“, Sohaila says.

The legality of Child Marriages in India:

According to the Muslim Law, a Minor Girl can marry (with or without) her parent’s consent on attaining Puberty, and has right to live with her husband even when she is below 18 years old. (Delhi High Court)

The Delhi High Court in noted in a case(Fija v. State Govt NCT of Delhi, 2022 SCC OnLine Del 2527, decided on 17-08-2022) that as per Mohammedan Law, a girl who had attained the age of puberty could marry without consent of her parents and had right to reside with her husband even when she was less than 18 years of age and thus otherwise a minor girl.

The Court clarified stating “There was no marriage between the prosecutrix and the accused. In fact, in that case sexual relationships were established prior to marriage. Post establishing the physical relationship, the accused had refused to marry the prosecutrix. It was on this basis that POCSO had been applied to the facts of that case. The object of the POCSO Act states that the Act is aimed at ensuring the tender age of the children and ensuring they are not abused and their childhood and youth are protected against exploitation. It is not customary law specific but the aim is to protect children under the age of 18 years from sexual abuse.”

The Court further noted that present is not a case of exploitation but a case where the petitioners were in love, got married according to Muslim laws, and thereafter, had physical relationships, thus giving no strength to the charges alleged under POCSO.

Question of the day: What do you think about this Marriage? Are you in favour of it?

According to me, it is Rape. It is completely a child exploitation – both in terms of the physical & emotional well-being of a person. I can’t even imagine the horrors she faces every night with her husband. Though such marriages are legal in India and many other parts of the world but I don’t support them. Parents really need to understand what is good and what is bad for their baby girls. If you agree with my words, please do let me in the comment section.

Courtesy – Story written & Presented by CKK / @clickkiyakya #clickkiyakya (https://www.instagram.com/p/Chw7h6-p2Kt/?utm_source=ig_web_copy_link)

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