Sep 08 2014 : Mirror (Pune)
Child marriage an evil worse than rape, says Delhi court
NEW DELHI
PTI
|
Child brides have a diminished chance of completing education, at higher risk of being physically abused
The complainants in a dowry harassment case were charged with violating the law by a magistrate's court in New Delhi for getting their daughter married when she was only 14.Metropolitan magistrate Shivani Chauhan ordered a case be registered against the girl's parents, calling child marriage “an evil worse than rape“ while holding that giving and taking dowry is punishable under the law.
The court directed the police to register a case under appropriate provisions of the Prohibition of Child Marriage Act and under the Dowry Prohibition Act against the parents of the 14-year-old girl as well as her in-laws, against whom a domestic violence case was already registered.
“Child marriage is an evil worst than rape and should be completely eradicated from the society. This would not be possible if the stakeholders like the State fail to take appropriate action against the offenders. The court is not expected to sit as a mute spectator and let the evil perpetrate,“ the magistrate said while directing the DCP (South) to file a status report by October 19.
The court pulled up the girl's parents, saying that they too had committed a “serious offence“. “There are serious outcomes of child marriage. It is the worst form of domestic violence by the respondents (husband and his family) and her parents,“ the court said. The magistrate observed that “child brides have a diminished chance of completing their education and are at a higher risk of being physically abused, contracting HIV and other diseases, and dying while pregnant or giving birth. Luckily, this girl is healthy. But this does not in any way diminish the seriousness of the offence which her own parents, relatives and the husband are alleged to have committed upon her person,“ the court added.
According to the domestic violence complaint filed by the parents, their minor daughter was married on May 5, 2011 and an amount of Rs 3.5 lakh was given to her in-laws at the time of the wedding. They alleged that her husband and in-laws had demanded a car and Rs 50,000 in cash, and beat her up as she couldn't meet the demands.
The girl's in-laws, however, contended that her parents had shown the girl to be a major at the time of the wedding.
The court, while relying on her school leaving certificate, turned down the husband's contention and held that the girl was a minor when she was married.
“There is a school leaving certificate of the child on record and it shows that her date of birth is August 30,1997. The victim was around 14-15 years of age at the time of her marriage with Respondent 1(the husband),“ it said.
Besides registration of an FIR, the court also directed the husband to pay Rs 4,000 as monthly interim maintenance to his estranged wife. The court, in the meantime, allowed both parties to settle the matter amicably as they expressed their desire to bury the hatchet.
“At this stage, both parties jointly pray that there is a possibility of amicable settlement between them and that the matter may be sent to the mediation cell. In the interest of the child, and with a view of providing proper maintenance to the child without the rigmarole of the trial, the matter is referred to mediation centre,“ the court said.
The court directed the police to register a case under appropriate provisions of the Prohibition of Child Marriage Act and under the Dowry Prohibition Act against the parents of the 14-year-old girl as well as her in-laws, against whom a domestic violence case was already registered.
“Child marriage is an evil worst than rape and should be completely eradicated from the society. This would not be possible if the stakeholders like the State fail to take appropriate action against the offenders. The court is not expected to sit as a mute spectator and let the evil perpetrate,“ the magistrate said while directing the DCP (South) to file a status report by October 19.
The court pulled up the girl's parents, saying that they too had committed a “serious offence“. “There are serious outcomes of child marriage. It is the worst form of domestic violence by the respondents (husband and his family) and her parents,“ the court said. The magistrate observed that “child brides have a diminished chance of completing their education and are at a higher risk of being physically abused, contracting HIV and other diseases, and dying while pregnant or giving birth. Luckily, this girl is healthy. But this does not in any way diminish the seriousness of the offence which her own parents, relatives and the husband are alleged to have committed upon her person,“ the court added.
According to the domestic violence complaint filed by the parents, their minor daughter was married on May 5, 2011 and an amount of Rs 3.5 lakh was given to her in-laws at the time of the wedding. They alleged that her husband and in-laws had demanded a car and Rs 50,000 in cash, and beat her up as she couldn't meet the demands.
The girl's in-laws, however, contended that her parents had shown the girl to be a major at the time of the wedding.
The court, while relying on her school leaving certificate, turned down the husband's contention and held that the girl was a minor when she was married.
“There is a school leaving certificate of the child on record and it shows that her date of birth is August 30,1997. The victim was around 14-15 years of age at the time of her marriage with Respondent 1(the husband),“ it said.
Besides registration of an FIR, the court also directed the husband to pay Rs 4,000 as monthly interim maintenance to his estranged wife. The court, in the meantime, allowed both parties to settle the matter amicably as they expressed their desire to bury the hatchet.
“At this stage, both parties jointly pray that there is a possibility of amicable settlement between them and that the matter may be sent to the mediation cell. In the interest of the child, and with a view of providing proper maintenance to the child without the rigmarole of the trial, the matter is referred to mediation centre,“ the court said.
