‘Must be eradicated from this country’: Allahabad High Court sounds alarm over rising child marriages in UP

Justices Rajiv Gupta and Dr. Ajay Kumar-II passed the directions while refusing to quash an FIR.

The court noted that child marriage is a social evil which must be eradicated from the country, which is not merely a statutory goal but a constitutional necessity.

“Child marriage is a social evil and is required to be eradicated from this country. Eradication of child marriage is not merely statutory goal, it is a constitutional imperative,” the bench observed.

The court directed the state DGP to issue instructions and guidelines to all police commissioners and district police chiefs to ensure prompt initiation of proceedings under Sections 10 and 11 of the Prohibition of Child Marriage Act whenever child marriage comes to light during investigation or otherwise.

The court observed that the social evil of child marriage can only be eradicated if prompt and stringent action is taken not only against the accused persons but also against all those involved in solemnising such marriages.

“It is only when such action is promptly taken against the accused persons with full vigour and force against all those responsible for solemnization of such child marriages that social evil of child marriages can be wiped out,” the court noted.

Child marriage

• According to the FIR, the complainant alleged that her daughter, a Class IX student aged around 15 years, was enticed away from home by a man with the intention of marrying her.
• The FIR further alleged that the accused and his family members were hiding the girl after she left home carrying jewellery and cash.
• Counsel for the petitioners argued that the girl had voluntarily married and was residing with the accused out of her own free will. It was also argued that as the marriage was solemnised against the wishes of the girls’ parents, a false FIR was registered.
• Opposing the plea, the state submitted that school records showed the girl’s age as 14 years and seven months at the time of registration of the FIR.
• The state argued that the accused had enticed the minor girl and taken her away from the lawful guardianship of her parents with the intention of compelling her to marry him.

‘Cognisable offence’

Refusing to interfere with the FIR, the court held that cognisable offences were clearly disclosed and sufficient evidence had been collected during the investigation.

“The law protects childhood, so that it may blossom into informed adulthood. This Court will not permit this protection to be diminished,” the court observed.

The court further added that investigating officers never invoked Sections 10 and 11 of the Prohibition of Marriage Act against such accused marrying a girl child, and the persons responsible for the solemnisation of such illegal marriage

The bench also expressed concern over the role of religious and social organisations in conducting child marriages.

“Even social and religious organization(s), who are solemnising such illegal child marriages, normally take refuge of either Aadhar Card of girl child or her affidavit,” the court noted.

The court held that no such illegal child marriage can be solemnised by any religious or social organisation in the absence of clear-cut proof of the age of a minor girl child.

It further added that an affidavit sworn by a minor girl child that she is a major, cannot make such a girl child a major.

The court remarked that only when such action is promptly taken against the accused persons with full vigour and force against all those responsible for solemnisation of such child marriages can the social evil of child marriages be wiped out.

The court directed the investigating officer in the present case to examine the role of all persons who may have performed, conducted, directed or abetted the marriage ceremony and proceed against them in accordance with the law.