Gauhati High Court Grants Bail To Nine Men In Child Marriage Cases

The high court said that charges under the POCSO Act do not ensure the need for custodial interrogation.

A 'child bride' with her child, amid Assam government's statewide crackdown on child marriages, in Morigaon district.

Source : PTI

Guwahati: The Gauhati High Court on Tuesday granted bail and anticipatory bail to as many as nine people who were charged under the Prohibition of Child Marriage Act (POCSO) Act.

While granting the bail, the Court observed that these cases are not matters which require custodial interrogation. The court also maintained that it will give its views when the right time comes.

Moreover, the Court also asked the state of Assam why Section 376 of the Indian Penal Code (IPC), which deals with rape, had been invoked against an accused, was added to a particular case which came before the court with similar allegations.

The Court, hearing the cases, stated that if marriage is taking place in violation of the law, then the law will take its own course.

The Court also maintained that such cases have been taking place since ages and the Court will only consider if immediate custodial interrogation is required in such a case or not.  

The Court added that these are not Narcotic Drugs and Psychotropic Substances Act (NDPS), smuggling, or stolen property cases.

“Today a few people came to the Gauhati High Court seeking bail and anticipatory bail. After hearing the cases, the court realized that such types of cases have been taking place since ages and thus need no arrest as they are not hardcore criminals or NDPS drug peddlers. The Court asked the police to record the statements of the accused but maintained that their arrest is not necessary,” one of the defence counsels of an accused and senior advocate of the Gauhati High Court Angshuman Bora told ABP Live.

“The Court, while saying that we are not acquitting anybody, asked the police to carry on with the investigation into the cases and file the chargesheet. The Court also maintained that though it is not supporting child marriage, but at the same time, opined that the arrest of the husbands is not mandatory,” said advocate Bora.

“On seeing that in two of the cases, both POCSO Act and section 376 of the IPC have been applied, the Court said that the police cannot apply POCSO Act on their own, so we will decide whether the Act is applicable in the case or not. The Court also ruled that all the accused were arrested without serving any notice. When the Supreme Court has been repeatedly saying that arrest should be the last resort, then why these arrests,” Bora added.

“Within two days, over 4,000 people were arrested and in several cases POCSO Act and section 376 of the IPC were also applied. Why these arrests without any notice. The government should have first conducted awareness campaigns instead of arresting the people. The Court also questioned as to why custodial arrests are necessary in these cases? The Court’s main concern was what was the need to keep the accused in jail,” defence counsel of another accused and senior advocate of the Gauhati High Court Hafiz Rashid Ahmed Choudhury told ABP Live.

In a massive crackdown on child marriages, the Assam government has so far arrested around 3,015 persons. Those who have come under the police radar are the parents of the brides, the grooms and both Islamic and Hindu priests.