Delhi HC Flags Rising Kidnapping Cases Of Minor Girls Subjected To Sexual Assault Under Guise Of Marriage, Forced To Abandon Studies

The Delhi High Court has flagged rising incidents of kidnapping of minor girls, who are subjected to sexual assault under the guise of marriage, as a result of which they are forced to abandon studies and denied opportunity to pursue careers.

Justice Swarana Kanta Sharma said that when a girl is forced to abandon her education due to such incidents, it causes a profound setback not only to an individual but to the society as a whole.

“In discussions surrounding the empowerment of women, education is rightly recognized as a fundamental pillar. However, when such incidents occur that force a girl to abandon her studies, the very notion of empowerment is compromised and society at large bears the consequences,” the court said.

It also emphasized on creating a safe and supportive environment for minor girls to pursue their education and said that the same is a collective responsibility that extends beyond individual incidents, criminal cases and victims.

“In the grand tapestry of societal progress, education acts as a thread that weaves together the fabric of empowerment. When this thread is frayed due to cases that force girls to abandon their studies, the very foundation of societal advancement is compromised".

The judge added: “These girls are misled into thinking that they are entering into a marital union, and the sexual assault is often projected by the assaulter as marital physical union to coax the victim to accept it without resistance. The consequences of such acts extend beyond the individual victims; they cause ripples through society by pulling these girls away from their pear groups, studies and their lawful guardianship.”

The court made the observations while dismissing an appeal moved by a man against his conviction and sentence of rigorous imprisonment of 10 years in a rape and POCSO case.

Mohd. Taslim Ali, the appellant, was convicted for kidnapping and raping a 14 year old girl. He later married the minor victim, despite already being married and having two children. The victim had deposed that she and the convict had been residing in a rented accommodation by changing their names and assuming fake identities on his asking.

Upholding the conviction and sentence of the man, the court rejected his argument that he could not have known the age of the victim to be less than 18 years as she was not carrying her Aadhaar Card with her.

“This argument in itself is not only unconvincing but also absurd and merits outright rejection since it will be travesty of justice in case the Courts will start giving weightage to an argument that a person who is kidnapping and sexually assaulting a minor was not aware of the age of the victim since she was not carrying her Aadhaar Card with her. Accepting this argument would amount to holding that it was the duty of the girl kidnapped and sexually assaulted to have carried her Aadhaar card for the convenience of the accused,” the court said.

Furthermore, it added that the disturbing fact was that the man persuaded the minor victim to leave her studies, to elope and get married to him, while he was already married and had two children. The court also said that it was deeply concerning that the minor was of impressionable age as she had to leave her studies due to the offence.

“Offences like the one before this Court today have profound social implications. In cases such as these, one witnesses the rising incidents of kidnapping of minor girls, who are subjected to sexual assault under the guise of performance of marriage. The impressionable minds of the minor victims are profoundly impacted, as they lack the capacity to make informed decisions at the tender ages of 12 or 14”.

Observing that the criminal justice system needs to have social responsibility approach, Justice Sharma said that judgments in such cases have to go beyond individual victims, while ensuring that societal interests are not forgotten.

“The judgments have an impact on the society as a whole, as the Judges through their judgments, send a message to society at large, that the criminal system, while ensuring fair trial and hearing, remains aware of the challenges faced by the society and the victims,” the court said.

Counsel for Appellant: Advocate Mukesh Singh

Counsel for Respondent: APP Naresh Kumar Chahar

Case Title: MOHD. TASLIM ALI v. THE STATE GOVT OF NCT OF DELHI, CRL.A. 477/2023

Citation: 2023 LiveLaw (Del) 1193

Click Here To Read Judgment