Guwahati: Assam government has launched a massive crackdown on child marriages. The High Court of the state has now questioned the inclusion of charges under the POCSO Act meant to protect children from sexual crimes.
People charged under the POCSO Act may get a sentence of 20 years and the court granted pre-arrest bail to nine such people. The High Court said these instances do not need custodial interrogation.
"POCSO you can add anything. What is the POCSO [charge] here? Merely because POCSO is added, does it mean judges will not see what is there? We are not acquitting anyone here. No one is preventing you from probing," said Justice Suman Shyam while hearing one case. Addressing another case, he said: "Is there any allegation of rape here? The allegations are weird. At the moment, this court is of the opinion that these are matters that do not require custodial interrogation... If you find someone is guilty, file a chargesheet."
Over 3,000 people have been taken into custody across the state and are lodged in temporary jails. Women of their families have been protesting against the arrest of sole breadwinners. The Guwahati High Court also questioned the police action because cases dating back years have been pursued. Some experts are also unsure about the legality of applying the Protection of Children from Sexual Offences in child marriage cases. Opposition parties have also questioned the arrest of teenage husbands and family members and called it an abuse of the law for political gain.
The Justice further said the arrests are causing "havoc in the private lives of people." "Obviously it (child marriage) is a bad idea. We will give our views but at the moment the issue is whether they should be all arrested and put in jail," he added.
Chief Minister Himanta Biswa Sarma on Friday said the drive against child marriages will continue. He also called it a "social evil." "We seek the support of the people of Assam in our fight against this social crime," he added.