Ensure action in child marriage cases: HC

Saurabh Malik

Tribune News Service

Chandigarh, January 22

The Punjab and Haryana High Court has directed the Director Generals of Police (DGPs) in Punjab, Haryana and Chandigarh to issue appropriate instructions to officials concerned in police stations across the districts to ensure appropriate action in case of child marriages.

It included registration of FIR under the provisions of the Prohibition of Child Marriage Act, 2006, in cases where 18-plus male solemnised marriage with an under-18 girl “falling within the definition of ‘child’ under the Act.”

Justice Arun Kumar Tyagi ruled that child marriage also involved commission of offences under the IPC and the POCSO Act , 2012. He directed issuance of instructions for registration of FIR under the provisions of POCSO Act where such male adult after solemnising marriage with the ‘child’ had sexual intercourse falling within the definition in the Act.

Justice Tyagi also directed the forwarding of the order’s copy to state counsel, additional public prosecutor, and DGPs for requisite compliance. Before parting with the case, Justice Tyagi added Section 12 of the Prohibition of the Child Marriage Act declared child marriage to be void if the child being minor was taken or enticed out of lawful guardianship. As such, the question whether the child being minor was taken or enticed out of lawful guardian assumed significance.

Other directions

Directions were also issued for giving out instructions for registration of FIR under the provisions of the Child Marriage Act, where any pujari/pandit of a temple, maulvi/qazi of a mosque, granthi of a gurdwara and padari of church in Punjab, Haryana and Chandigarh conducts wedding of an 18-plus male with an under-18 girl.