Gauhati HC grants bail in child marriage cases, says crackdown caused ‘havoc in private lives of people’
Gauhati high court
The Gauhati High Court has granted anticipatory bail to nine peoplebeing questioned by the Assam Police in connection with the state-led campaign against child marriages.The Gauhati High Court noted that there is no need to interrogate the apprehended or accused in custody in this matter while citing how the crackdown has caused ‘havoc in the private lives of people.’The Protection of Children from Sexual Offenses Act, 2012 (POCSO) and rape charges against individuals found guilty of child marriage were also denounced by the Assam high court. The claims and accusations made by the BJP-led Assam government were deemed "absolutely weird" by theHigh Court.
All of the petitioners in the child marriage cases were given instant clearance by Justice Suman Shyam to be released on bail, as per ANI reports.
"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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Child marriages in Assam
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In Assam, 4,225 incidents of child marriage have been registered as of February 14; 3,031 persons have been detained in total and 4,004 FIRs were filed when the crackdown began on February 3.
The state government does not even have space in the jails, Justice Shyam informed Additional Public Prosecutor D Das, and he recommended that the administration build larger prisons.
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?"
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"The high court is not acquitting anybody and nobody is preventing the government from investigating the cases of child marriages," he added.
"Why Section 376 (of IPC)? Is there any allegation of rape here? These are all weird allegations, absolutely weird," Justice Shyam continued.
(With inputs from agencies)
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