Bengaluru: The Karnataka High Court has expressed grave concern over the conduct of parents who illegally arrange marriages for minors. The court questioned, "If parents themselves come forward to commit such acts, what is the value of the existing Prohibition of Child Marriage Act?"

Background of the Case:

Habibur, a native of West Bengal residing in Bengaluru, had married a girl aged 17 years and 10 months. The matter came to light when the girl was admitted to a hospital due to stomach pain, and doctors discovered she was pregnant. Consequently, a criminal case was registered against the accused under the POCSO (Protection of Children from Sexual Offences) Act and the Prohibition of Child Marriage Act.

Arguments in Court:

* Petitioner’s Argument: The counsel for the accused argued that the accused and the victim are already married. The wife (victim) is currently pregnant and wishes to settle the case through a mutual agreement. Therefore, the counsel requested the court to quash the POCSO proceedings.

* Prosecution’s Objection: Additional State Public Prosecutor B.N. Jagadeesh opposed this, stating that the parents themselves had initiated the marriage, which is a blatant violation of the law. He argued that strict action must be taken against the parents under Sections 9, 10, and 11 of the Prohibition of Child Marriage Act, 2006.

High Court’s Indignation:

While hearing the petition, the single-judge bench of Justice M. Nagaprasanna condemned the parents' actions:

"The trend of parents abetting and conducting marriages of minors against the law is alarming. It is not appropriate to allow compromises in such cases. If leniency is shown in this manner, the Child Marriage Prohibition Act will become irrelevant."

Instruction to the Administration: The court opined that the executive branch should not show any leniency in ensuring strict punishment for parents in such cases. The court has reserved the final judgment on the petition.