KOCHI: The alleged minor marriage case being probed by Madhya Pradesh Police has entered a crucial phase, with questions emerging over the extent of the role of their counterparts in Kerala if the female at the centre of the case is taken out of the state.
The female approached the Kochi commissioner on Thursday seeking protection, stating in her petition that she is residing in Kerala voluntarily and does not wish to return to Madhya Pradesh. She has also expressed concern that the visiting police team may attempt to take her back against her will, terming such a move a violation of her rights under Article 21. A four-member team of the MP Police, which arrived in Kochi on Thursday, is continuing their investigation in the city. The case registered in MP includes charges of kidnapping and provisions under the Protection of Children from Sexual Offences (Pocso) Act against Farman Khan.
With the female asserting that she is staying in Kerala of her own free will, the focus has shifted to the legal framework governing inter-state police operations.
Legal experts note that any attempt by a police team from another state to take an individual out of Kerala must strictly follow due process, including informing local authorities, coordinating with Kerala Police, and, where required, obtaining a transit remand from a competent court.
“Inter-state police cannot act unilaterally. If the person is an adult, her consent becomes crucial. If she is a minor, the procedure changes. Since she is not within their jurisdiction and has sought protection here, Kerala Police are duty-bound to provide it, especially as she apprehends danger to her life if she returns to her home state,” said senior lawyer and rights activist Sandhya Raju.
Legal experts say Kerala Police can intervene if due procedure is not followed, including requiring the person to be produced before a magistrate to record her statement and verify whether she is acting voluntarily.
However, the course of action will ultimately hinge on the determination of the female’s age. If she is found to be a minor, the legal position could change significantly, as consent would not carry weight under the Pocso Act.
Sources said Kerala Police are closely monitoring the movements of the visiting team, particularly in light of the protection plea submitted to senior officials. “We are closely watching the situation. Any action by an external police team will have to follow due legal procedure, and necessary steps will be taken to ensure the law is upheld,” a senior officer said.
‘Residing voluntarily’
The female approached the Kochi commissioner on Thursday seeking protection, stating in her plea that she is residing in Kerala voluntarily and does not wish to return to MP
She has also expressed concern that the visiting police team may attempt to take her back against her will, terming such a move a violation of her rights under Article 21.