The Calcutta High Court, under the jurisdiction of Justices Harish Tandon and Supratim Bhattacharya, underscores the persistent issue of child marriages in West Bengal.
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KOLKATA: Today(12th March), The Calcutta High Court has persistent issue of child marriages in the state of West Bengal. Despite existing laws against this practice, the division bench of Justice Harish Tandon and Supratim Bhattacharya highlighted the disturbing trend that continues to plague society.
The court’s observations came during the hearing of a case involving a 20-year-old man accused of engaging in a child marriage. The bench, in its order dated February 20, expressed deep concern over the findings of several studies conducted by NGOs, which reveal an alarming prevalence of child marriages in the region.
“A society has to introspect in this regard and the efforts are required to sensitise its inmates not to indulge in such marriages as the minor girl has not developed herself biologically to procreate the child. It has a cascading effect not only on the body of a minor victim girl but has a larger ramification on the development of the society and it is need of the hour that the mindset of the society is to be reformed,”
-stated the Justices.
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The court also pointed out the significant issue of underreporting in child marriage cases, attributing this to a lack of awareness programs and the pressure of customary or cultural compulsions within certain communities. This lack of reporting and awareness contributes to the continued occurrence of such marriages, often with the involvement or consent of the child’s family or the adult spouse.
“In spite of the fact that the Act or the legal instrument outright declared the child marriage as an offence and unacceptable in the society, yet there are cases like the one before us where the grandparent is involved in such marriages,”
– the bench remarked, highlighting the complicity of family members in perpetuating this illegal practice.
The court’s observations were further bolstered by the victim’s statement under Section 164 of the Criminal Procedure Code (CrPC), which substantiated the allegations against the accused. Notably, the court underscored that not only was the minor girl below the legal age for marriage, but the accused himself had not reached the legal marriageable age of 21 years.
Section 164 of the Criminal Procedure Code (CrPC)–
- Any Metropolitan Magistrate or Judicial Magistrate, irrespective of jurisdiction, can record confessions or statements during investigations or before the inquiry or trial.
- Confessions can be recorded through audio-video electronic means in the presence of the accused’s advocate, ensuring voluntariness.
- The Magistrate must not authorize detention if the person refuses to confess.
- Recorded confessions are signed by the person and accompanied by a memorandum confirming voluntariness.
- For certain offenses under the Indian Penal Code, the Judicial Magistrate must promptly record the statement of the victim, considering any disabilities, and may use video recording if necessary.
- The recorded confession or statement is forwarded to the Magistrate overseeing the inquiry or trial.
“Nevertheless, he engaged in an activity that is legally impermissible. Surprisingly, even the family members did not raise any alarm or sensitize themselves to resist such a marriage.”
-the Court lamented, pointing out the societal and familial failure to prevent such unions.
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In light of these findings, the Calcutta High Court took a decisive step by denying the anticipatory bail plea of the accused.
Moreover, the court issued directives to the Woman and Child Department of West Bengal, mandating the organization of a seminar aimed at raising awareness against the perils of child marriage.
“May a seminar be organized to instill awareness among individuals in society who are not actively protesting or resisting marriages involving minors or between a minor and an adult who has not attained the legal age for marriage.”
-the court ordered, emphasizing the need for widespread societal change and education.