Child marriage in Assam: only 494 convicted out of 8,773 charge-sheeted
Guwahati, Mar 13: A mere 494 persons out of 8,773 people who were charge-sheeted for child marriage and POCSO cases in Assam have been convicted since 2017, Chief Minister Himanta Biswa Sarma said on Monday.
Replying to a query by Congress MLA Abdur Rashid Mandal in Assam Assembly, Sarma said a total of 8,773 people have been chargesheeted under Prohibition of Child Marriage Act, 2006 (PCMA) and Protection of Children from Sexual Offences Act, 2012 (POCSO) between 2017 and February 2023.
"A total of 494 persons were convicted and a total of 6,174 persons released on bail," he added. This represents a a conviction rate of just 5.63 per cent.
Sarma informed the House that 4,049 persons were arrested under the PCMA and 8,908 people have been nabbed under the POCSO (Protection of Children from Sexual Offences Act) across Assam from 2017 to February this year.
During the period, 134 boys under the age of 21 years, and 2,975 girls below 18-years of age married (the permissible age of marriage for males and females respectively), he added.
Reacting to the data and on the recent crackdown against child marriage accused, Mandal alleged that the Assam government is "terrorising" people using the two acts.
On this, Parliamentary Affairs Minister Pijush Hazarika said: "How is it terrorising people. You (Congress government) did not frame the rule. Because of vote bank politics, you did not take any initiative."
This led to a noisy scene in the House with both treasury and opposition benches trading charges.
In a separate query by Independent MLA Akhil Gogoi, the Chief Minister stated that 4,111 incidents of child marriage took place in the state from April 2021 to February 2023.
"A total of 4,670 cases have been registered naming 7,142 accused. Already 3,483 persons have been arrested, of which 1,182 are in jail, 2,253 have got bail and notices have been issued to 48 others," he added.
Sarma also informed the legislators that the government has not taken any step to take responsibility for the children born out of child marriages, but said steps will be initiated if any child requires care and security.
During the debate on the Motion of Thanks on the Governor's address, Leader of the Opposition Debabrata Saikia said slapping of POCSO and rape cases on child marriage accused have created disturbances in the society with many old people getting arrested.
AIUDF's Aminul Islam climed the government hatched a conspiracy and accordingly slapped POCSO and rape charges on the people, who had married 7-8 years.
Congress MLA Bharat Chandra Narah refuted the government claim on Maternal Mortality Rate (MMR) and said child marriage is one of the reasons for high MMR in Assam, but not the only cause.
CPI(M)'s Manoranjan Talukdar said: "The government said the PCMA was not implemented. If so, who is responsible for that? The BJP was in power in Assam for over six years now."
He also said that no awareness against child marriage has been created in the state and Assam should follow Kerala model as there is hardly any case of child marriage in the Southern state.
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SC asks HC, Maharashtra govt to evolve mechanism to ensure production of accused before trial courts
New Delhi (PTI): The Supreme Court has asked the Bombay High Court and the Maharashtra government to evolve a mechanism to ensure that accused are produced before trial judges either physically or virtually on every date so that the trial is not prolonged.
The apex court, while dealing with an appeal challenging the Bombay High Court order denying bail to an accused, said a "sorry state of affairs" was being depicted as the trial proceedings in the case was being prolonged due to non-production of appellant before the trial judge either physically or virtually.
A bench of Justices B R Gavai and K V Viswanathan was informed that this was not a solitary case but in many cases, such a difficulty arises.
"We, therefore, direct the registrar general of the high court of judicature at Bombay, secretary, Home, state of Maharashtra and secretary, Law and Justice, state of Maharashtra to sit together and evolve a mechanism to ensure that the accused are produced before the trial judge either physically or virtually on every date and the trial is not permitted to be prolonged on the ground of non-production of the accused persons," the bench said.
In its order passed on December 18, the apex court noted that material placed on record revealed that in the last six years, out of 102 dates, the accused was not produced before the court either physically or through virtual mode on most of the dates.
"We may say with anguish that this is a very sorry state of affairs. If an accused is
incarcerated for a period of approximately five years without even framing of charges, leave aside the right of speedy trial being affected, it would amount to imposing sentence without trial," the bench said.
It said such a prolonged delay was also not in the interest of the rights of the victim.
The bench said a copy of its order be forwarded to the registrar general of the high court and the secretaries of Home and Law and Justice of Maharashtra government forthwith for necessary action.
The bench delivered its verdict on the appeal challenging an order of the high court which had rejected the bail plea of the appellant in a case registered under the provisions of the Maharashtra Control of Organised Crime Act (MCOCA).
The apex court allowed the appeal and granted bail to the appellant on a bond of Rs 50,000 with one or more sureties in the like amount.
It directed that the appellant shall continue to appear before the special judge on every date regularly.
