'Child Marriages On Rise In UP': Allahabad HC Blames UP Police Failure To Book Grooms, Facilitators Under PCMA

Importantly, the Court highlighted that it hasn't come across even a single case till today, where the Police had invoked Sections 10 [Punishment for solemnising a child marriage] and 11 [Punishment for promoting or permitting solemnisation of child marriages] of the 2006 Act against the accused marrying a girl child or the persons who are responsible for solemnization of such an illegal marriage.

In view of this, the bench directed the State's Director General of Police to issue necessary instructions, guidelines, and circulars to all the Commissioners of Police/SSP/SP of the State to ensure that appropriate action is taken in such cases.

"…Whenever the fact of a child marriage comes to the knowledge of police, either on a complaint or during the course of investigation or suo-moto regarding commission of a cognizable offence of child marriage and proceedings under Sections 10 and 11 of the Prohibition of Child Marriage Act, 2006, be initiated against all those responsible for solemnization of a child marriage, without any delay", the bench directed the DGP to ensure compliance and wipe out this social evil with full vigor and force.

These observations were made by a bench of Justice Rajiv Gupta and Justice Ajay Kumar-II while hearing a criminal writ petition filed by Azad Ansari and his family members, who sought the quashing of an FIR for the alleged kidnapping of a 14-year-old girl to compel her into marriage.

It was their case that the minor girl (petitioner no. 1) had, out of her own free will, married Azad Ansari (petitioner no. 2) in March this year according to Muslim Rites and Rituals and that she is presently residing with him without any force or coercion.

The state counsel, on the other hand, argued that the petitioner no. 1 is a minor girl of tender age and the petitioner no. 2 had enticed her and kidnapped her from the lawful guardianship of her parents, so as to compel her to marry him.

It was submitted that the petitioner no.2 was fully aware that the girl was a minor and their marriage was nothing but a child marriage, which is punishable under the provisions of the Prohibition of Child Marriage Act, 2006.

It was further submitted that the petitioners Nos 2 and 3 have actually conspired to commit this offence. Hence, it was prayed that the plea to quash the FIR must be rejected.

Having considered the submissions of both sides and the allegations against the accused, the bench noted that a prima facie case had been made out at this stage against the petitioners nos. 2 and 3.

"The allegations are very serious in nature, therefore, we are of the considered opinion that the impugned FIR discloses commission of a cognizable offence against the petitioner nos.2 and 3, sufficient evidence has already been collected implicating the petitioner nos.2 and 3, as such, the impugned FIR cannot be quashed at this stage", the bench observed.

However, before parting with the order, the Court took note of the broader administrative failure fueling this social menace. The bench opined that "eradication of child marriage is not merely a statutory goal, it is a constitutional imperative".

In this regard, the bench noted that the 2006 Act mandates strict action as soon as the fact of solemnization/conclusion of child marriage comes to the knowledge of Police authorities, so as to ensure prosecution of all those responsible for solemnization of such an illegal child marriage under Sections 10 and 11 of the Act.

The division bench, however, noted that the Investigating Officers don't invoke these provisions against the grooms and the marriage facilitators, which leads to such instances of child marriage increasing day by day.

"As no action is being taken under the provisions of the Prohibition of Child Marriage Act for prosecuting all those responsible for solemnization of such illegal child marriages, resultantly, child marriages in the State of Uttar Pradesh are increasing day by day", the bench observed as it expressed dismay that IOs routinely ignore these provisions.

Taking strong exception to the practices of various entities facilitating such unions, the bench further noted that even social and religious organisations solemnising such illegal child marriages take refuge in either the Aadhar Card of the girl child or her affidavit, even though the date of birth recorded in the Aadhar Card is not a valid proof of age.

"We are of the considered opinion that no such illegal child marriage can be solemnized by any religious or social organization in the absence of clear cut proof of age of such a minor girl child. An affidavit sworn by such minor girl child that she is major, cannot make such a girl child a major one", the bench said.