‘A Time To Introspect; Prepare Guidelines To Avoid Solemnising Child Marriages’: Allahabad High Court Directs Arya Samaj’s Apex Body

The Court also directed the ‘Sabha’ to counsel proposed couples so that they may not enter into any criminal act i.e solemnizing a marriage before reaching marriageable age.

The bench of Justice Saurabh Shyam Shamshery further issued the following suggestions for the ‘Sabha’ and directed its president to prepare a guideline/report and submit the same before the Court within a period of eight weeks:

• A check list of essential documents be prepared and a mechanism be developed to cross check veracity and genuineness of documents to verify age of proposed couple and in case of any doubt, marriage may not be solemnized.
• A mechanism be developed to ascertain whether any criminal proceedings are initiated against groom or bride and whether any age of boy or girl is disclosed therein or not
• Format of marriage certificate be modified to include details of parentage, details of proof of age and details of witnesses with their ID proof. They may be required to file an affidavit also.

The bench came up with the abovementioned suggestions while rejecting a bail application filed by an accused, booked under the POCSO Act on the allegations of kidnapping and marrying a minor victim, allegedly by following Arya Samaj rituals, and thereafter committing rape against her.

The Court rejected the argument of the counsel for the accused that it was a case of consensual relationship and that both the victim and the accused got married on their own and lived together as husband-wife.

In fact, the Court noted that according to educational documents, the age of the victim on the date of occurrence was about 15 years and 8 months and according to her medical examination also, her age is opined between 17 to 18 years.

Therefore, finding the victim to be a minor girl, the Court found substance in the argument of the state’s counsel that the consent of a minor girl is immaterial, more so, when the victim had specifically stated in her statement recorded under Section 161 Cr.P.C. that she was not only forcefully kidnapped but forcefully married also and the accused made physical relationship against her will. Hence, the court rejected the bail plea.

However, before parting with the case, the court noted that in the instant case, a marriage certificate was issued by Arya Samaj Krishna Nagar, Prayagraj, however, it did not indicate how the age of the victim was verified i.e. above 18 years.

Finding that in the instant case, the accused and victim played fraud with the belief of Arya Samaj as the victim, at the solemnisation of her marriage with the accused, was a minor girl.

In this regard, the Court observed thus:

“It was the duty of that before solemnizing marriage, it should be carefully verified whether they are solemnizing a marriage between two adult persons or not. It amounts to a child marriage which Swami Dayanand Saraswati Ji opposed.”

Further, noting the principles propounded by Dayananda Saraswati, a reformist who came up with the concept of Arya Samaj, the Court remarked this:

“According to Arya Samaj’s ritual, it includes Varmala & Swagat, Vidhi Madhuparkaa, Yagna & Kanyadaan, Havan & Godan, Pani Grahan Sanskar, Shilarohan, Lajahom, Phere or Parikrama, Kesh Mochan, Saptapadi & Hriday Sparsh Mantra, Sindoor & Mangalsutra and Surya Darshan. They at the time of Vivah Sanskar odour to be Arya Samajist and they devout the rituals with all sincerity and devotion, therefore, it become a duty of responsible office bearers of Arya Samaj to stop their pious efforts to propagate teachings of Swami Dayanand Ji including to curb ‘child marriage’ to be misused by persons, who indulge them in solemnising such marriage which may not be legalised.”

The Court further said that of late, it has witnessed such certificates being issued for marriages solemnised by Arya Samaj’s ritual by misleading them on basis of forged or incorrect declarations that both bride and groom are major.

Observing that it is high time when Arya Samaj has to do introspection so that they may not be subjected to fraud, the Court further suggested its apex body to come up with certain guidelines in this regard.

“They have to make stringent rules and procedures to verify the credentials of prospective bride and groom, especially when they are on run from their respective families or they are approached through touts, who are prevailing in Allahabad as they are promising couples on run, that they will get protection from this Court. If responsible members does not take cognizance of this menace, a day will come soon that Arya Samaj Mandir will become a place for solemnizing the illegal marriage and their prestige will be in doom,” the Court said.

Lastly, the Court also restrained Arya Samaj Krishna Nagar, Prayagraj from solemnising any marriage where the proposed groom and bride have no consent from their families for a period of two months.