Calcutta High Court sounds alarm over continuance of child marriages

The Calcutta High Court recently expressed concern about the continuing prevalence of child marriages despite a ban on the practice [Samir Barman vs State of West Bengal]..A division bench of Justices Harish Tandon and Supratim Bhattacharya noted that several studies have been conducted by NGOs and other groups disclosing an alarming number of child marriages despite the prohibition of child marriage."A society has to introspect in this regard and the efforts are required to sensitise its inmates not to indulge in such marriages as the minor girl has not developed herself biologically to procreate the child. It has a cascading effect not only on the body of a minor victim girl but has a larger ramification on the development of the society and it is need of the hour that the mindset of the society is to be reformed," the Court added, in its February 20 order. .The Court also noted that a sizeable number of child marriage cases go unreported in the absence of awareness programs and due to certain communities following customary or cultural compulsions. Sometimes, child marriages take place with the involvement of the child's family or the adult spouse, the Court further observed..The Court made these observations while denying anticipatory bail to a 20-year-old man accused of forcibly marrying a minor girl . "In spite of the fact that the Act or the legal instrument outright declared the child marriage as an offence and unacceptable in the society, yet there are cases like the one before us where the grandparent is involved in such marriages," the bench remarked. .The allegations against the accused had been substantiated through a statement by the victim girl under Section 164 (recording of confessions and statements) of the Criminal Procedure Code (CrPC). The Court noted that not just the minor girl, but the accused man had also not attained marriageable age (21 years)."Yet he involved himself into an activity which is impermissible in law. Even the family members have not raised any alarm nor have sensitized themselves to resist such marriage," the Court added. The Court proceeded to dismiss the man's anticipatory bail plea. .Further, the Court ordered the Woman and Child Department of West Bengal to take appropriate steps to organise a seminar to create awareness against child marriages. "Let a seminar be conducted, in order to inculcate and awareness amongst the people of the society who are not protesting and/or resisting the marriages between the minors and/or between the minor and adult who has not attained the age of marriage," the Court ordered. .Advocates Arijit Ghosh and Swarnali Ghosh appeared for the bail applicant.Advocates Abhijit Sarkar and Tapan Bhattacharjee represented the State. .[Read Order]