Her hazel eyes laden with perky innocence had made Monalisa
Bhosle the talk of the town during the Maha Kumbh in 2024. And now, a year later, and after her ‘viral’ wedding to Uttar Pradesh native Mohammad Farman, the same innocence has landed her in a clutch of controversies, especially over her age.
As Monalisa’s whereabouts remain shrouded in mystery, questions arise about her safety, further compounded by unconfirmed news reports that she is pregnant.
The state machinery, as well as the usually vociferous ‘activists’, have been conspicuously silent regarding the matter concerning her safety. Notably, the marriage was solemnised and celebrated by some political bigwigs, including state Education Minister V Sivankutty
Kerala officials maintain that she is a major as per the records (Aadhaar card) produced by her at the time of her wedding, which, in itself, is allegedly now under contention as it reportedly did not follow the Special Marriage Act procedure.
Meanwhile, the National Commission for Scheduled Tribes (NCST), based on a police complaint filed in Madhya Pradesh’s Maheshwar police station, has found that Monalisa is a minor — born in 2009.
“Her birth records, as entered in the database of the Maheshwar PHC, have been taken as the main reference,” says Pratham Dubey, a Delhi-based lawyer who works in the field of tribal welfare, who has been involved in the case.
However, a private petition alleging Monalisa was a minor at the time of her marriage was stayed by the Thiruvananthapuram Pocso court on Monday, after taking note of the prosecution’s submission that her father had forged her birth certificate and manipulated the hospital records using her sibling’s birth details.
The court also noted that the case was being investigated in Madhya Pradesh, and sought a report from the police. The matter was posted for hearing on May 20, the same day when the Kerala High Court too will hear the case.
Notably, the Scheduled Tribes Commission had ordered the Madhya Pradesh police to register cases under the SC/ST Atrocity Act, Child Marriage Act, and Posco.
An MP police team recently camped in Kerala to question, and possibly arrest, Farman, who has been charged under BNS (137 sub clause 2).
However, the officers returned without tracking the couple, alleging that “the Kerala Police was not cooperative”. The Kerala Police, meanwhile, is yet to initiate action based on the commission’s findings, arguing that the case is under the court’s purview.
In the midst of all the ambiguity, Monalisa remains ‘missing’. “This makes the situation complicated. The main question in all this is who is responsible for the girl if it is proven that she is a minor? Influential politicians — including Education Minister V Sivankutty, CPM chief M V Govindan, and Rajya Sabha MP A A Rahim — were present at the wedding. But now, when pertinent questions are being asked, all are brushing it aside,” notes Manju Subhashchandran, a senior journalist who has been studying the case.
“Set aside everything — politics, religion, agenda, etc. Viewed objectively, there are some underlying questions: What if she is actually a minor? How can we outrightly reject the parents’ claim as bogus? What if the same allegation was made by, say, affluent, English-speaking parents from some city?”
Manju adds that if Monalisa is found to be a major, then the case can indeed be celebrated as a triumph of love against the odds.
TNIE’s calls to Education Minister V Sivankutty and Rajya Sabha MP A A Rahim did not yield any response.
Meanwhile, the socio-legal brigade in Kerala is divided on this, with some citing that the case is being raised only because of the accused’s religion. Others rule out any questions on the age issue, as the marriage happened after the submission of records.
However, Supreme Court rulings and UIDAI clarifications state that Aadhaar cannot be used as definitive proof of age in legal or official matters. “This, when read with the ST Commission’s findings, puts the case under the Pocso purview,” says Sasisankar M, lawyer and chairman of Saurakshika Children’s Rights Protection Society.
“The silence of the authorities is disturbing mainly because, if Monalisa is indeed a minor, then she has been left to be with a person accused of a Pocso crime. The least the state governments involved could do is keep her safe till her age debate is settled. The court could also intervene, keeping the assumption that she is a minor until proven otherwise.”
Human rights lawyer Sandhya J, however, believes the case hints at how state machinery could use protective laws to hunt down couples, especially at a time when the age of consent is being actively debated.
“Even while going by the accepted norm that those above 18 are majors and can choose the life they want, the participation of a minor in decisions concerning their life is taken into consideration,” she explains.
“Even recently, a Delhi court ruling mentioned that such cases have to be considered on a case-by-case basis, even if the girl is a minor. Hence, Monalisa’s wishes have to be taken into consideration.”
Sasisankar concurs, but points out that her health and welfare should be given priority. “She should be shifted to a government care facility as the court ascertains the ground realities,” he argues. “At the end of the day, shouldn’t someone be accountable?”
The Kerala Police, however, maintains there has been no court direction to act in this case. “She herself claims her original birth certificate has been tampered with and that she is a major. Her father was also seen with her till March 11 (wedding day). We cannot comment further on this until the time the court or the commission orders any action on this,” State Police Chief Ravada A Chandrasekhar tells TNIE.
Notably, the NCST had taken cognisance of the turn of events and called for a hearing on April 22, in which it directed police departments of both states to act “immediately” on the matter.
The Madhya Pradesh police has been instructed to present “all facts and findings before the Kerala High Court”. The Kerala Police has, meanwhile, been asked to cooperate with the Madhya Pradesh officers.
Indore (Rural) IG Anurag Singh, who is probing the case, tells TNIE that the Madhya Pradesh police is “preparing its reply to be submitted in the Kerala High Court court on May 20”. He adds that a team will visit the state again “to investigate the matter and obtain Monalisa’s statements as directed by the NCST”.
Reflecting on the case, former Kerala High Court judge B Kemal Pasha says there are “many loopholes” in it.
“If she [Monalisa] has attained the age of 18, then the court cannot direct the government to take care of her. Now, the argument is that she is a major. So, the ST Commission report had to be submitted to prove her minor status, which the MP police didn’t do on time. Then, of course, the court could have pulled the departments up to submit a report regarding her age status,” he notes. “The Kerala police are alleged to have not cooperated with the MP police, probably because a state minister and senior leaders of the ruling party were involved in conducting the wedding. Ultimately, the entire case seems to be ridden with loopholes caused by lapses in procedures.”
Until the holes clear and clarity emerges, the case remains an ‘uncatchable’ mystery like Da Vinci’s Mona Lisa, caught between smile and frown.