Assam: Crackdown on child marriages triggers tough questions from HC
What's the story
The current crackdown on child marriages in Assam has triggered piercing queries from the Gauhati High Court, which has called into question the application of the Protection of Children from Sexual Offenses (POCSO) Act in child marriage cases.
Granting pre-arrest bail to nine people charged under the POCSO Act on Tuesday, the court said that these are not cases that require custodial interrogation.
Context
Why does this story matter?
Child marriage has been a significant issue in India for years now. According to the National Family Health Survey, Assam recorded 31.8% of child marriages, compared to 23.3% nationwide between 2019-2020.
The report also claims that child marriage is the main reason behind Assam's high infant and maternal mortality rates, as approximately 31% of marriages registered in the state are at the prohibited age.
Quotes
Justice Shyam questions adding POCSO charges on accused: Here's why
According to NDTV, Justice Suman Shyam said: "POCSO you can add anything. What is the POCSO (charge) here? Merely because POCSO is added, does it mean judges will not see what is there? We are not acquitting anyone here. No one is preventing you to probe."
"Is there any allegation of rape here?" Shyam added, while hearing another case and labeling the allegations "weird."
More quotes
Issue is whether they should be arrested and jailed: HC
Justice Shyam also suggested that for matters that don't require custodial interrogation, the police should file a chargesheet against those found guilty.
"This is causing havoc in the private life of people. Obviously, it (child marriage) is bad idea. We will give our views, but at the moment, the issue is whether they should be all arrested and put in jail," he added.
Details
More than 3,000 arrested in Assam in child marriage crackdown
Over 3,000 individuals linked to child marriages have been detained in Assam and lodged in temporary prisons. This has sparked protests by women who decry the detention of the sole earners of their families.
While many questioned the police's decision to dig up cases that go back years, experts have also doubted the legitimacy of applying the POCSO Act in child marriage cases.
More details
Arrests being made based on over 4,000 FIRs
On February 3, the Assam Police officially launched a statewide crackdown against child marriage. More than 2,000 individuals, including Muslim and Hindu priests who officiated these marriages, were detained in the first two days.
The statewide arrests are being made based on 4,135 First Information Reports (FIR) registered all over the state, as per the news outlet Mint.
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Assam formed sub-committee to rehabilitate child marriage victims
The Himanta Biswa Sarma-led government has put together a sub-committee on rehabilitating the child marriage "victims." Furthermore, Ajanta Neog, Ranoj Pegu, and Keshab Mahanta were named as panel members of the committee.
Notably, the cabinet also formed a Cabinet Sub-Committee to finalize the Rehabilitation Policy for the victims within 15 days of the child marriage.
Pregnancy rate
Assam's teenage pregnancy ratio is 16.8%: Sarma
Earlier this month, the Assam Chief Minister claimed that this drive against child marriage is for public welfare and health as the teenage pregnancy ratio in the state is at an alarming 16.8%.
Sarma said: "We're resolved to continue this drive until we fulfill our objective. I urge the people to cooperate with us in controlling this harmful trend."
Numbers
20% Indian women in 20-24 age group married before 18
According to the data shared as part of the "Social Progress Index" for districts and states, more than 20% of women aged between 20-24 were married across 313 districts before they turned 18, the legal age in India for marriage.
Furthermore, more than 50% of women also got married in 15 districts by 18 in the age group of 20-24 years.