AHMEDABAD: The Gujarat high court quashed a complaint of rape filed by a 16-year-old against her minor husband, but imposed a penalty of Rs 30,000 on their parents for ruining their childhood, first by child marriage and then by using their minor status as a weapon to level serious charges of rape and offences under the Protection of Children from Sexual Offences (Pocso) Act.
Troubled at learning the facts of the case, Justice A S Supehia quoted Mahatma Gandhi, “There is no school equal to decent home and no teacher equal to virtuous parents,” and criticized the behaviour of the parents of the minors saying, “The facts of the present case shatter the thought of the father of our nation.”
This case is from Sikka police station in Jamnagar district. In 2015, the girl was married at age 11. The bridegroom, who is the rape accused in this case, was 12 years old then. The child marriage was organized according to the traditions of the community, which still prevail in this region. After the criminal case, the government initiated action against the parents under the Prohibition of Child Marriage Act.
In August, the wife slapped charges of rape and under the Pocso Act against her husband, who was still just 17. This came as a counter blast for another FIR lodged by the husband’s father, against the wife’s brother, who allegedly eloped with the husband’s minor sister earlier this year. As time passed, both families settled the dispute and the minor husband moved the HC for quashing of the FIR.
The court quashed the FIR “in order to see that the relationship between the families does not further deteriorate and the life of both the petitioner (husband) and the prosecutrix (wife) is maintained smoothly and effortlessly”.
However, the HC was furious with the behaviour of their parents and held them responsible for ruining the lives of the couple. “Both the parents have imprisoned the minors in marriage and forced them to develop a relationship of husband and wife which is a gross violation of their human rights...The childhood of both the petitioner and the prosecutrix is obliterated by their parents, on two counts, first by marrying them in tender age, and secondly, by involving them in the offence of rape. The facts are suggestive that the minors are used as weapons in order to satisfy their prejudices and egos,” the court said while imposing a fine of Rs 30,000 each on both sets of parents for misusing the criminal justice system.
(The victim's identity has not been revealed to protect her privacy as per Supreme court directives on cases related to sexual assault)