The Gauhati High Court on Tuesday raised some serious questions about the ongoing crackdown on child marriages by the Assam government. As per the official data, more than 3,000 people have been arrested for allegedly marrying underage girls in the BJP-ruled state since 3rd February. While granting anticipatory bail to certain accused in different cases booked under the Prohibition of Child Marriage Act, 2006 r/w the POCSO Act, the Gauhati High Court on Tuesday said that, “If marriage is taking place in violation of law, the law will take its own course.”
Justice Suman Shyam orally observed that these cases have been happening for long time and that the court will consider if immediate custodial interrogation is required or not. At this moment however these matters are not for custodial interrogation. If required the court will ask the custodial to to appear in the court and record their statements. He stated that the high court is not acquitting anybody and is not preventing the government from investigating the cases of child marriages either. In addition to this he raised questions regarding the allegations under IPC section 376 when there are no allegations of rape.
“These are all weird allegations, absolutely weird,” Justice Shyam observed.
Justice Shyam further asked, “What do you get by custodial interrogation of these people? Either he has abetted or he has not. Either it’s a case of child marriage or it is not. For that, is it necessary to have custodial interrogation? What is the idea behind this?”
Further he said “Merely because POCSO is added, does it mean judges will not see what is there?” He asked the state to proceed as per law, file a charge sheet, if they are convicted, then they are convicted and that the constant arrests are causing havoc in the private life of their children family members, and old people.
Till February 14, altogether 3,031 people have been apprehended against registration of 4,225 child marriage cases. The crackdown began on 3rd February with 4,004 FIRs. Justice Shyam told Additional Public Prosecutor D Das that the state government does not even have space in the jails and suggested that the administration come up with bigger prisons.
