Allahabad HC Orders FIR Against Man Accused Of Marrying 12 Y/O Girl, Hands Him Over To Police From Court Premises
Sparsh Upadhyay
5 Sep 2024 1:53 PM GMT
In a significant order, the Allahabad High Court on Tuesday detained a man and handed over his custody to the police (directly from the court premises) after it was discovered that he had married a 12-year-old girl.
Filing a protection plea, the man (accused-husband) had approached the court with the girl, falsely claiming she was 21 years old while seeking a directive for police protection to safeguard their life and property.
A bench of Justice Vinod Diwakar also directed the registration of an FIR against the accused 'husband' and the Purohit, who allegedly performed the marriage, as well as the Secretary of the Arya Sanatan Dharm Seva Samiti (Registered) of Agra District.
Further, the minor's custody was directed to be handed over to the Child Welfare Committee, Etawah, to keep her in a safe environment where experts could conduct counselling sessions and steps be taken for her welfare and rehabilitation following the Government Schemes.
The matter came to light while the Court was dealing with the protection plea filed jointly by petitioner no. 1 (minor girl) and petitioner no. 2 (accused husband), claiming that both of them are major and they got married in June 2024 in an Arya Samaj temple.
To substantiate their claim, they also filed their Aadhar Cards and a joint undertaking issued by the petitioners, Pramukh Acharya and the Secretary of the Arya Sanatan Dharm Seva Samiti, claiming that the marriage was performed in accordance with Hindu rites and rituals.
However, during the case hearing, when the Additional Chief Standing Counsel raised serious doubt regarding the genuineness/authenticity of petitioner no. 1's Aadhar card and other documents annexed to the petition, the Court directed the concerned SHO to verify the documents filed with their petitioner.
Further, respondent no.4, the father of petitioner no.1, was also issued a notice to appear before this Court along with petitioner no. 1's age proof.
In compliance with the court's order, the concerned SHO submitted a report that revealed that, according to school records and statements from local officials and school authorities, petitioner no.1 (the girl) was born in September 2011 and was merely 12 years old when she married the petitioner no. 2 in June 2024.
An affidavit by respondent no.4 (the girl's father) was also filed, which confirmed that she was 12 years and eight months old and had studied up to class 5 at the time of the marriage.
Importantly, the Additional Chief Standing Counsel also submitted that there was a growing issue of protection petitions being filed in the HC based on forged documents, particularly the Aadhaar cards, which could be obtained easily.
He also highlighted that the office bearers of trusts/societies, in connivance with Purohits, solemnise fake marriages for financial gains, like in the instant case, wherein, even though the girl visibly appeared to be around 12 years old, her marriage was solemnised by a Purohit and a trust official without even verifying her age.
He also apprised the Court about the organised gang of such Societies/Trusts that are involved in antisocial and antireligious activities, which facilitate all incidental services like procuring forged Aadhar Cards, making forged documents to procure fake marriage certificates, arranging Purohits, and registering bogus Trusts/Societies for illegal financial gains.
Against the backdrop of these submissions, the Court, while emphasising that the effects of child marriage on around 12-year-old children are devastating, both psychologically and physically, observed thus:
“These young brides are thrust into a world of adult responsibilities for which they are neither emotionally nor physically prepared. The psychological trauma and physical health risks they face have long–term consequences, not only for the individual child but for the society as a whole. The physical demands of pregnancy, combined with nutritional deficiencies, can lead to stunted growth in child rights, leading to long–term health issues like malnutrition, anaemia and maternal motility.”
Further, issuing the directions as mentioned above, the Court posted the matter for further hearing on September 23.
