"The Muslim Personal Law only applies to cases relating to marriage, divorce and personal relations but has no applicability in case of a criminal liability... Courts cannot permit exploitative regressive practices to flourish and prosper in the name of religion... No person can be permitted to make a mockery of the secular criminal laws of India nor can any offender be permitted to take short-cuts by resorting to selective application of Sharia and Personal Laws in order to evade a criminal liability under the existing penal laws", said the Additional Sessions Judge, Dr Kamini Lau.
Her observation came while dismissing the application for grant of Bail filed by the accused, Waseem, against whom an FIR was filed in Sultanpuri police station under Sections 363 (Kidnapping) and 376 (Rape) of IPC and Section 4 of POCSO Act.
He had sought Bail saying that the Victim girl belongs to the same religion to which he belongs and now both families are agreed to their marriage. Even though the court agreed that there exists disparity in the age of consent as far as the Muslim Personal Law governing marriage is concerned, it, however, made it clear that there can be no two views about the fact that there is as much need to protect young Muslim women from sexual abuse and exploitation as any other women in India.
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Expert Analysis
1. Its not true that Shriya Law is supposed to let a Kidnapper or a Rapist go free because the Victim wants to drop charges against him.
2. The question is, why Indian Shriya Family Court had accepted this Plea Bargain Agreement that since the Criminal has agreed to marry the Victim, he has committed no Sin or he can be forgiven for his Crimes?
3. What kind of crazy Mollaas are running Indian Shriya Family Courts?
If this the kind of Shiya Family Courts they have, India should shut them down.
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