Orissa High Court on Forced Marriage: Highlighting that the decision of a girl is paramount in marriage, the Orissa High Court recently said that the time has come when society would introspect when girls are forced to marry by their parents.
A bench of Chief Justice Harish Tandon and Justice M S Raman was dealing with the habeas corpus plea, filed by the father of the girl, who went missing late last year.
“A time has come when society would introspect when girls are forced to marry by their parents. The decision of the girl is paramount, and her consent should be obtained before any such decision is taken by the parents,” the court observed.
The court added that we respect the decision of a major girl.
Findings
- When a girl is not ready for marriage, giving her in marriage by using extraneous force is not conducive to a healthy society.
- A time has come when the sensitisation programme should be conducted by the administration, eradicating any sense of imposing their own decision on the children by the parents.
- Since the girl has already been produced physically before us, we do not think that any purpose would be subserved in keeping the instant writ petition pending.
- The authorities were directed to ensure the smooth return of the girl to her respective place and shall also see that no interference and/or obstruction is created from any corner, including the parents and the so-called husband of the said girl.
- The police shall ensure the safety and security of the said girl at her place of abode and shall immediately take steps in the event any incident is reported to them.
Court’s Core Principle
Girl’s Decision is Paramount
Court’s Observation
Forced marriage using extraneous force not conducive to healthy society
Call for Action
Time for societal introspection when girls are forced to marry
Judicial Bench
Chief Justice Harish Tandon & Justice M S Raman
Recommendation
Sensitization programs to eradicate parental imposition on children
Court Directive
Police to ensure girl’s safety and prevent interference from parents
Case Outcome
Girl granted protection after fleeing forced marriage, now gainfully employed
Express InfoGenIE
Background
- Following the court order of December 9 last year, the local police presented the girl before the court, who allegedly went missing from her matrimonial home.
- The father of the girl filed the habeas corpus plea in the high court in December last year after the police complaint for a missing person and alleged police for inaction and for an apathetic attitude for not tracing out his daughter.
- After the court order, the additional government advocate submitted that he investigating officer, after finding out the mobile number of the said missing girl with the help of cyber cell, made a contact with her, where she disclosed that she has gone another city as per her own wish and did not intend to return to her parental house as well as the in-laws house.
- He further submitted that she disclosed her discordance with the said forcible marriage and is happily living there, having been gainfully employed in a private company.
- The court then directed the police to produce the girl before the court on the next date and provide all adequate protection to her, and shall not allow anybody to meet unless she wishes.
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