'Just because POCSO is added, doesn't mean..': Assam High Court on Child Marriage arrests

The Gauhati High Court granted pre-arrest bail to nine people charged under the POCSO Act, observing that these are not cases requiring custodial interrogation.

Team Newsable

First Published Feb 15, 2023, 2:25 PM IST | Last Updated Feb 15, 2023, 2:48 PM IST

Until now, Assam authorities have imprisoned over 3,000 people suspected of being involved in child marriage. The massive crackdown on child marriages has prompted numerous questions from the Gauhati high court, raising concerns about the inclusion of charges under the tough law to protect children from sexual crimes.

The police action has been questioned as it has scoped out cases dating back years. Experts have also questioned the legality of using the Protection of Children from Sexual Offenses Act in child marriage cases.

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The Gauhati High Court on Tuesday granted pre-arrest bail to nine people charged under the POCSO Act, with a minimum sentence of 20 years in one of the cases, observing that these are not instances that require custodial interrogation.

Reacting to the case, Justice Suman Shvam said, "You can put anything in POCSO. What is the POCSO (charge) in this case? Does adding POCSO mean that judges will not see what is there? Nobody is being acquitted here. Nobody is preventing you from probing."

'Is there any allegation of rape?' he questioned, after hearing another case and calling the allegation 'weird'.

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'At the moment, the court believes these are matters that do not require custodial interrogation... If anyone is found guilty, file a chargesheet,' the court said in another related case.

'This is causing havoc on people's private lives. There are children, family members, and elderly people present. Child marriage is obviously a bad idea. We will express our opinions, but for the time being, the question is whether they should all be arrested and imprisoned,' the court added.

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The crackdown on child marriage, championed by Assam Chief Minister Himanta Biswa Sarma to improve the state's poor health metrics, began on February 3 with over 4,000 police cases.

Chief Minister Himanta Sarma said on Friday, "The fight against this social evil will continue. We seek Assam peoples' support in our fight against this social crime."

The opposition has slammed the government over how the drive is being carried out, terming the arrests of teen husbands and family members as an 'abuse of law' for political gain and equating the police action with 'terrorising people.'

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