Why add POCSO Act in Assam child marriage cases: HC

GUWAHATI:  The Gauhati HC has come down heavily on the Assam government for slapping stringent laws such as the Protection of Children from Sexual Offences Act (POCSO) against the accused of child marriage cases. While granting anticipatory bail to some booked under the Prohibition of Child Marriage Act (PCMA), the HC questioned the application of the POCSO Act in the cases.

Justice Suman Shyam said that the law would take its own course if marriages are taking place in violation of the law. “We will only consider whether or not immediate custodial interrogation is required but at this moment, this court thinks these are not matters for custodial interrogation. We will ask them to appear and record their statements. These are not NDPS (Narcotic Drugs and Psychotropic Substances Act), smuggling or stolen property cases,” the judge said.

“You (State) proceed as per law...If you find somebody guilty, file a chargesheet. Let him or her face trial,” the judge further said. The counsel of the State argued that the cases were serious but the judge asked, “What is POCSO here? Just because POCSO is added, does it mean judges will not see what is there?”

The court observed that the ongoing crackdown against child marriage accused was causing havoc in people’s private life. “There are children, family members, old people. It (child marriage) is a bad idea and we will give our views but the issue at hand is whether they should be arrested and put in jail,” it added. On February 3, the police began going after the offenders of child marriage cases. Over 3,000 people have been booked so far under PCMA (read with punitive sections of the POCSO Act). These people have been lodged in temporary jails.