Uttar Pradesh Court Takes Strong Stance Against Child Marriage

Court Orders Action Against Child Marriages

In response to the rising incidence of child marriages in Uttar Pradesh, the Allahabad High Court has directed the Director General of Police to ensure strict action against all individuals involved in facilitating such marriages. The bench, comprising Justice Rajeev Gupta and Dr. Ajay Kumar-II, issued this directive while refusing to quash an FIR related to the alleged abduction and child marriage of a 14-year-old girl. In its order dated May 13, the court noted that due to a lack of action against those facilitating illegal child marriages under the Prohibition of Child Marriage Act, such practices are increasing daily in the state.

The court emphasized that child marriage is a social evil that must be eradicated from the country, highlighting that this is not just a legal goal but a constitutional necessity.

Importance of Eradicating Child Marriage

The bench remarked that eliminating child marriage is crucial for societal well-being. The court instructed the state’s DGP to issue directives to all police commissioners and district police heads to initiate immediate action under Sections 10 and 11 of the Prohibition of Child Marriage Act whenever such marriages are discovered during investigations or through other means. The court asserted that social evils like child marriage can only be eradicated through prompt and stringent action against not just the accused but all individuals involved in facilitating these marriages.

Details of the FIR

According to the FIR, the complainant alleged that her approximately 15-year-old daughter, who is in the ninth grade, was lured away from home by an individual with the intent to marry her. The FIR further claimed that after taking the girl, the accused and his family members concealed her along with her jewelry and cash.

The petitioner's lawyer argued that the girl had willingly married and was living with the accused of her own accord. It was also contended that since the marriage occurred against the wishes of the girl's parents, the FIR was filed falsely.

In response, the state presented evidence indicating that according to school records, the girl was 14 years and seven months old at the time the FIR was filed. The state argued that the accused had lured the minor away from her parents' legal guardianship with the intention of forcing her into marriage.

Court's Ruling on Cognizable Offense

Dismissing the plea to intervene in the FIR, the court acknowledged that cognizable offenses were clearly evident and sufficient evidence had been gathered during the investigation. The court stated that the law protects childhood to ensure a sensible transition into adulthood and would not allow this protection to be undermined. Furthermore, the court noted that the investigating officers had never invoked Sections 10 and 11 of the Prohibition of Child Marriage Act against those accused of marrying the minor or those responsible for such illegal marriages.