look news india
In order to curb the serious social problem of child marriage in West Bengal and to ensure the safety of health and life of minor girls, the state government has taken a very strict legal stance. Under the new action plan prepared in joint coordination with the State Health Department, Women and Child Development Department and Home Department, it has been made clear that if any girl below the age of 18 years is found pregnant or becomes a mother, then direct action will be taken against her husband. Protection of Children from Sexual Offenses (POCSO) Act Legal action will be taken by registering a case under non-bailable sections of the Indian Penal Code. The State Government believes that child marriage is an offense in law and any physical relationship with a minor girl amounts to sexual exploitation in law, irrespective of the social or religious customs of the marriage.
In the new guidelines, religious leaders who play a direct role in arranging child marriages have also been cracked down on. The government has made it clear that action alone against the family or the husband is not enough, but the entire system that makes child marriage possible has to be held accountable. Be it the Pandit-Priest who conducts seven rounds as per Hindu rituals or the Qazi and Maulvi who conduct Nikah as per Muslim rituals – if they are found solemnizing the marriage of any girl below 18 years of age, then they will also be made co-accused (co-criminal) under the Prohibition of Child Marriage Act and POCSO Act. If found guilty, those performing these religious rituals will face direct arrest and jail sentence under non-bailable sections. The government has instructed the local administration of all the districts to call a meeting of all the priests and Qazis of the area and instruct them to conduct mandatory verification of the valid birth certificate or Aadhaar card of the bride and groom.
A strict monitoring mechanism has been put in place on the healthcare sector to bring to light the cases of underage pregnancy. A new ‘Mandatory Reporting Protocol’ has been issued for Primary Health Centers (PHC), Community Health Centers (CHC), sub-divisional and district hospitals, medical colleges and all private nursing homes across the state. As per the rules, whenever a pregnant girl reaches the hospital for antenatal check-up (ANC) or delivery, it will be mandatory for the doctors and medical staff to verify her age. If the girl turns out to be below 18 years of age, the hospital management will have to immediately give written information to the concerned local police station and District Child Protection Unit (DCPU) within twenty-four hours. If any hospital, doctor or nursing home operator hides information about minor pregnancy or is negligent in informing the police, then accountability will be fixed against them under legal provisions.
Extensive financial assistance schemes like ‘Kanyashree’ for girls’ education and prevention of child marriage and ‘Rupashree’ for marriage are being run by the West Bengal government, which have also been appreciated at the international level. Despite this, National Family Health Survey (NFHS) data showed that early marriage of girls and early motherhood remained worrying in many rural and border districts of the state—such as Murshidabad, Malda, South 24 Parganas, North Dinajpur and Purulia. To deal with this challenge, Chief Minister Mamata Banerjee’s administration has decided to take strict punitive measures instead of relying only on awareness. Asha workers, Anganwadi workers and village heads at the Panchayat level have also been entrusted with the responsibility to immediately report any child marriage in their area to helpline number 1098 or the local police.
Under the legal provisions of the POCSO law, the consent of any person under the age of 18 years is considered legally invalid. The courts have also made it clear in many historical decisions that marital bond cannot take physical relations with a minor out of the scope of POCSO. In such cases, the husband may have to face charges of Penetrative Sexual Assault, which carries a stringent punishment ranging from ten years to life imprisonment. This step of the government will act as a strong deterrent against child marriage across the state and will prove to be a milestone in rooting out the social evil of early marriage of girls.