Humane strategy ought to be adopted in coping with baby marriages: Experts in Assam

By PTI

GUWAHATI: Days after the Gauhati High Court noticed that the crackdown on baby marriages in Assam created “havoc in the private life of people”, a cross-section of society on Sunday appealed to the state authorities to take a look at it from a humane angle and focus extra on creating consciousness to finish the social evil.

With the Himanta Biswa Sarma-led authorities stating that the continued drive in opposition to baby marriages will likely be intensified, the opposition termed the train as a “political stunt” with a “communal design”.

Besides observing that there was no want for custodial interrogation of the accused in baby marriage circumstances, the Gauhati High Court on February 14 additionally rapped the Assam authorities for slapping stringent legal guidelines just like the Protection of Children from Sexual Offences Act, 2012 (POCSO) and rape fees on baby marriage accused, and acknowledged that these are “absolutely weird” allegations The state authorities began its crackdown on baby marriage on February 3.

Over 3,000 individuals allegedly linked with baby marriages have been arrested to this point and lodged in non permanent jails.

“The court is absolutely right that arrest is not mandatory in child marriage cases. Filing of a charge sheet timely and creating awareness are two prime actions that will act as deterrents in future,” senior advocate Angshuman Bora instructed PTI.

He additionally asserted that slapping of the Protection of Children from Sexual Offences Act, 2012 (POCSO) and rape fees shouldn’t be required in baby marriage circumstances.

ALSO READ | Illegal baby marriage crackdown in Assam leaves households in anguish

The state cabinet not too long ago permitted a proposal to e book males who’ve married ladies beneath 14 years of age beneath the POCSO Act, 2012.

Cases beneath the Prohibition of Child Marriage Act, 2006 will likely be registered in opposition to those that have married ladies within the age group of 14-18, the cabinet had determined.

Social scientist Pallavi Deka opined the High Court observations at this juncture have introduced some new perspective to the matter because it has put a query mark on the need of invoking POCSO and Section 376 of the Indian Penal Code, which offers with punishment for rape, in such circumstances.

“The crackdown has been initiated as a result of family health survey reports, which exposed the failure of the state in implementing the Prohibition of Child Marriage Act, 2006 (PCMA) in spirit. This failure has made women of the state in general and backward communities, in particular, vulnerable to the social evil for over many decades now,” Deka mentioned.

The assistant professor of Political Science at Handique Girls’ College additionally mentioned that such a clampdown was once more pushing these weak girls additional to the margins.

“So, any action of the administration in implementing the law should act as a deterrent to law violators and not as an impediment to the marginalised,” Deka mentioned.

Three days after the Gauhati High Court made the observations, the chief minister mentioned Assam will intensify motion in opposition to these concerned in baby marriages because the state authorities goals to get rid of the social menace by 2026.

The Assam Police too asserted that operations are happening and arrests will proceed throughout the “legally permissible framework”. “We will act as per the law. We have asked the police stations to proceed with whatever the law says,” Assam Police spokesperson Prasanta Kumar Bhuyan instructed PTI.

When requested in regards to the slapping of the POCSO and Section 376 of the IPC, he mentioned that sections are added within the FIR based mostly on the complaints acquired within the police stations.

“The FIRs are registered on the basis of complaints received from affected parties. There are also suo motu cases,” mentioned Bhuyan, the Inspector General of Assam Police (Law and Order).

Till Friday, 3,058 individuals have been apprehended in 4,235 circumstances throughout the state.

Saying that consciousness performs a very powerful function in stopping baby marriages, Congress termed the extreme crackdown as a “political stunt” of the chief minister.

“Sarma was the education and health minister in both Congress and BJP tenures. What did he do to stop child marriage and create awareness? Did he issue even a single statement against this social menace while he was a minister?” requested Assam Congress chief Bhupen Kumar Borah.

“While taking action, adopt a humane approach. What will happen to the families where such marriages took place several years ago? With the double-engine government failing, the CM is trying to divert people’s attention from real issues of price rise and unemployment with a political stunt,” Borah mentioned.

Assam Jatiya Parishad (AJP) president Lurinjyoti Gogoi mentioned the police motion in opposition to the accused of kid marriage is “motivated” and focused in opposition to “religious minority” of the state.

“The entire drive has a communal design. It is a part of the Hindu-Muslim narrative. At several places, however, this has boomeranged because many tribals and people of tea garden communities have also been arrested,” he added.

Stressing that consciousness is of prime significance, Gogoi requested Sarma why had he not taken the initiative to cease baby marriages when he was a minister throughout Congress rule and the BJP’s first time period in Assam. “Such cheap politics is not at all acceptable. And not honouring the court observations is a serious issue. It indicates that an autocratic and fascist mindset is on the rise,” the opposition chief mentioned.

READ HERE | Child marriage: Assam civil society says arrests not solely answer, want to handle causes

Another apprehension {that a} part of the individuals is elevating is the situation of the jails in Assam as there’s a large house constraint for the prisoners.

Pointing out that every one the arrested accused have been accommodated in several jails, Inspector General of Prisons Pubali Gohain instructed PTI, “We have not received any report of congestion from any jail in the state”.

The state has 31 jails, together with six central jails, 22 district jails, one open-air jail, one particular jail and one sub-jail, with a sanctioned capability of round 8,950 inmates.

GUWAHATI: Days after the Gauhati High Court noticed that the crackdown on baby marriages in Assam created “havoc in the private life of people”, a cross-section of society on Sunday appealed to the state authorities to take a look at it from a humane angle and focus extra on creating consciousness to finish the social evil.

With the Himanta Biswa Sarma-led authorities stating that the continued drive in opposition to baby marriages will likely be intensified, the opposition termed the train as a “political stunt” with a “communal design”.

Besides observing that there was no want for custodial interrogation of the accused in baby marriage circumstances, the Gauhati High Court on February 14 additionally rapped the Assam authorities for slapping stringent legal guidelines just like the Protection of Children from Sexual Offences Act, 2012 (POCSO) and rape fees on baby marriage accused, and acknowledged that these are “absolutely weird” allegations The state authorities began its crackdown on baby marriage on February 3.

Over 3,000 individuals allegedly linked with baby marriages have been arrested to this point and lodged in non permanent jails.

“The court is absolutely right that arrest is not mandatory in child marriage cases. Filing of a charge sheet timely and creating awareness are two prime actions that will act as deterrents in future,” senior advocate Angshuman Bora instructed PTI.

He additionally asserted that slapping of the Protection of Children from Sexual Offences Act, 2012 (POCSO) and rape fees shouldn’t be required in baby marriage circumstances.

ALSO READ | Illegal baby marriage crackdown in Assam leaves households in anguish

The state cabinet not too long ago permitted a proposal to e book males who’ve married ladies beneath 14 years of age beneath the POCSO Act, 2012.

Cases beneath the Prohibition of Child Marriage Act, 2006 will likely be registered in opposition to those that have married ladies within the age group of 14-18, the cabinet had determined.

Social scientist Pallavi Deka opined the High Court observations at this juncture have introduced some new perspective to the matter because it has put a query mark on the need of invoking POCSO and Section 376 of the Indian Penal Code, which offers with punishment for rape, in such circumstances.

“The crackdown has been initiated as a result of family health survey reports, which exposed the failure of the state in implementing the Prohibition of Child Marriage Act, 2006 (PCMA) in spirit. This failure has made women of the state in general and backward communities, in particular, vulnerable to the social evil for over many decades now,” Deka mentioned.

The assistant professor of Political Science at Handique Girls’ College additionally mentioned that such a clampdown was once more pushing these weak girls additional to the margins.

“So, any action of the administration in implementing the law should act as a deterrent to law violators and not as an impediment to the marginalised,” Deka mentioned.

Three days after the Gauhati High Court made the observations, the chief minister mentioned Assam will intensify motion in opposition to these concerned in baby marriages because the state authorities goals to get rid of the social menace by 2026.

The Assam Police too asserted that operations are happening and arrests will proceed throughout the “legally permissible framework”. “We will act as per the law. We have asked the police stations to proceed with whatever the law says,” Assam Police spokesperson Prasanta Kumar Bhuyan instructed PTI.

When requested in regards to the slapping of the POCSO and Section 376 of the IPC, he mentioned that sections are added within the FIR based mostly on the complaints acquired within the police stations.

“The FIRs are registered on the basis of complaints received from affected parties. There are also suo motu cases,” mentioned Bhuyan, the Inspector General of Assam Police (Law and Order).

Till Friday, 3,058 individuals have been apprehended in 4,235 circumstances throughout the state.

Saying that consciousness performs a very powerful function in stopping baby marriages, Congress termed the extreme crackdown as a “political stunt” of the chief minister.

“Sarma was the education and health minister in both Congress and BJP tenures. What did he do to stop child marriage and create awareness? Did he issue even a single statement against this social menace while he was a minister?” requested Assam Congress chief Bhupen Kumar Borah.

“While taking action, adopt a humane approach. What will happen to the families where such marriages took place several years ago? With the double-engine government failing, the CM is trying to divert people’s attention from real issues of price rise and unemployment with a political stunt,” Borah mentioned.

Assam Jatiya Parishad (AJP) president Lurinjyoti Gogoi mentioned the police motion in opposition to the accused of kid marriage is “motivated” and focused in opposition to “religious minority” of the state.

“The entire drive has a communal design. It is a part of the Hindu-Muslim narrative. At several places, however, this has boomeranged because many tribals and people of tea garden communities have also been arrested,” he added.

Stressing that consciousness is of prime significance, Gogoi requested Sarma why had he not taken the initiative to cease baby marriages when he was a minister throughout Congress rule and the BJP’s first time period in Assam. “Such cheap politics is not at all acceptable. And not honouring the court observations is a serious issue. It indicates that an autocratic and fascist mindset is on the rise,” the opposition chief mentioned.

READ HERE | Child marriage: Assam civil society says arrests not solely answer, want to handle causes

Another apprehension {that a} part of the individuals is elevating is the situation of the jails in Assam as there’s a large house constraint for the prisoners.

Pointing out that every one the arrested accused have been accommodated in several jails, Inspector General of Prisons Pubali Gohain instructed PTI, “We have not received any report of congestion from any jail in the state”.

The state has 31 jails, together with six central jails, 22 district jails, one open-air jail, one particular jail and one sub-jail, with a sanctioned capability of round 8,950 inmates.