Gauhati HC Pulls Up Assam Govt For Child Marriage Arrests: What Did The HC Say?

"It (the arrests) is causing havoc in the private life of people," the court observed.

(Photo: Vibushita Singh/The Quint)

The Assam Government's recent crackdown on child marriage in the state, leading to nearly 3000 arrests has elicited the ire of the Gauhati High Court.

What did the Court say? Justice Suman Shyam, while granting anticipatory bail to the accused in multiple cases, said that the government's move led to "havoc in the private lives of people" and observed that the cases are not meant for "custodial interrogation."

"These are not matters for custodial interrogation. You (the state) proceed as per law, file a charge sheet, if they are convicted, then they are convicted. It is causing havoc in the private life of people, there are children, there are family members and old people.

Justice Suman Shyam, Gauhati HC

Rubbished POCSO allegations: Meanwhile, the lawyer representing the government pointed out that the cases were registered under non-bailable sections of the Protection of Children from Sexual Offences Act, 2012  (POCSO) but the judge didn't take too kindly to that:

"POCSO you can add anything. What is the POCSO here? Merely because POCSO is added, does it mean judges will not see what is there?...We are not acquitting anyone here. No one is preventing you to probe."

He also questioned why rape charges under section 376 of the Indian Penal Code (IPC) had been added:

"Why Section 376 (of IPC)? Is there any allegation of rape here? These are all weird allegations."

What's happening in Assam? Terming child marriage an "unpardonable and heinous crime," Assam Chief Minister Himanta Biswa Sarma started a statewide 'crackdown' on child marriage on 3 February.

As of 16 February, nearly 3041 people have been arrested. The Quint, in previous pieces, reported on how the arrests were disproportionately wreaking havoc in the lives of women in the state and how laws were being 'mindlessly' used for this.

(With inputs from LiveLaw)