EXPLAINED | Crackdown on child marriage in India's Assam: What really happened?

Assam's Chief Minister Himanta Biswa Sarma and his administration hadstepped up their efforts to address the thousands of child marriage cases that had been reported in the state. The police launched a massive operation on February 4 against groups involved in child marriages in an effort to rescue girls and arrest those responsible.Irrespective of the widespread public outcry, Assam's chief minister, Himanta Biswa Sarma, hadsaidthat the state wouldcontinue its crackdown on child marriage despite the fact that more than 2000 people had already beendetained in connection with the same.

According to an official announcement from the Assam government, more than 2,250 people hadbeen detained in the state inconnection with the campaign against child marriage. Based on 4,074 FIRs filed, 2,258 people were detained in total.

The backlash of the arrests

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As per local media reports, a young woman in Assam died bysuicide amid the campaign against child marriage because she was frightened her father would be detained for getting her married when she was still a minor.

The woman, whodied by suicide had two children and a husband who had passed away due to Covid. In addition, a Golakganj woman entered a police station and said she would commit suicide if her husband, who was detained on suspicion of child marriage, was not released.

Despite the state government's plans to outlaw child marriage and save young women who had been forcibly married off, hundreds of women surrounded police stations in an act of protest against the arrests made by the administration.

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The protesting women insisted that the relatives and spouses the government had detained were innocent. They demanded their release and blocked highways and impeded police mobility.

Asaduddin Owaisi, the leader of AIMIM, criticised the BJP administration in Assam for arresting individuals on suspicion of child marriage and demanded to know who would look after the girls and women left behind after their elders were taken into custody.

Owaisi said in a press conference, “For the past six years, there has been a BJP Government in Assam. What have you been doing during the past six years? This is your failure for the past six years. You are sending them to jails. Now, who will take care of those girls? CM (Himanta Biswa Sarma) will? It is a failure of the state and on top of that you are pushing them into misery.”

What was the GauhatiHigh Court's decision?

In conjunction with the state-led drive against child marriages, the Gauhati High Court has granted anticipatory bailto nine individuals who werebeing questioned by Assam Police. In reference to how the crackdown has wreaked "havoc in the private lives of people," the High Court stated that there wasno need to question those who hadbeen detained.

The Assam High Court also condemned the Protection of Children from Sexual Offenses Act, 2012 (POCSO), and rape accusations against those who were found guilty of child marriage. The Assam administration made assertions and charges that the High Court described as"absolutely weird."

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Judge Suman Shyam immediately granted bailto all the accused in child marriage cases as per ANI report.

"These are not matters of custodial interrogation. You (state) proceed as per law, we have nothing to say. If you find somebody guilty, file a charge sheet. Let him or her face trial and if they are convicted, they are convicted," the judge said.

"This (arrest) iscausing havocin the private life of people. There are children, there are family members, there are old people. This may not be a good idea to go for (arrests), obviously it is a bad idea," he observed on Tuesday (February 14).

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In Assam, 4,225 child marriage instances have been reported as of February 14; 3,031 people have been detainedoverall; and 4,004 FIRs have been lodged since the operation started on February 3.

Judge Shyam reminded Assistant Public Prosecutor D Das that the state government did not even have room in the jails and advised that additional cells be built.

Justice Shyam responded to the government advocate's observation that cases had been filed under the POCSO Act's non-bailable charges and the rape (IPC Section 376) provision by saying, "What is the POCSO here? Merely because POCSO is added, does it mean the judges will not see what is there?"

Addressing the 'real issues' in Assam

As per the latest statistics, roughly 74 per centof rural women in Assam have not completed even 10 years of schooling, said aTimes of India report. Instead of promotingeducation, the Assam government announced the shutting down of almost 1,700 state-run schools in keeping with the school 'rationalisation' plan as recommended by the NITI Aayog in September 2022. The state's inability to provide good quality education and healthcare facilities to its women is a major factor contributing to the state's staggering child marriage cases, the report added.

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