Skip to main content

Eliminating child marriage? Why is Assam CM so restive despite abuse of law allegation

By Nava Thakuria* 

By 2026, will the Assam government eliminate the menace of child marriage, if one goes by State chief minister Himanta Biswa Sarma’s "commitment"? The Bharatiya Janata Party (BJP)-led government in Dispur claims to be fighting against the social evil in the State with full political will. Child marriage is a social scourge, and the State government is committed to ensure the evil practice is stopped, states Sarma.
The saffron leader has attracted national and international media headlines with a major crackdown on child marriages launching on 3 February. Assam police forces picked up over 3,000 individuals (including 93 females) following 4,235 registered first information reports across the State. Most of them are still in judicial custody (temporary jails), some got bail and a few remain in the police custody.
The arrested individuals, include mostly the accused and perpetrators, are not targeted because of their religious affiliations, claimed Sarma, adding that the ongoing drive against this social menace will continue till 2026, the year Assam is scheduled to go for the next legislative assembly elections. He also claimed that the crackdown has positively impacted the society as several families lately cancelled pre-scheduled marriages of underage brides (also grooms).
Needless to mention that Sarma is one of the longest serving State health ministers. He took the charge of Assam health ministry in 2006 and continued till 2015 (during the Congress rule). Later he joined the BJP and again took the responsibility in 2016 for a full five years. His tireless efforts to save the lives during the Covid-19 pandemic were well appreciated. In May 2021, he took oath as the State CM and started many missions that remained unaccomplished in previous years. Sarma’s latest priority emerges to bring down mother & infant mortality rates in Assam.
Pointing out that the child marriage is banned in India for nearly a century as it always threatens the lives, well-being and futures of girls, Sarma announced his decision on 26 January to erase the social menace. Later the State cabinet approved the proposal to take stern actions against those men who married underage girls under the Prohibition of Child Marriage Act and the Protection of Children from Sexual Offences Act. Recently, a cabinet sub-committee for taking care of child marriage victims was also formed.
Recent data from the National Family Health Survey reflects that Assam continues to record higher number of child marriages as well as cases of teenage pregnancy than all India levels. It is established that the child marriage in the State has directly influenced the mother and infant mortality rates. Assam loses around 195 mothers among 100,000 during the child births (national average is 97 deaths per 100,000 live births). Similarly, it records 36 infant deaths per 1,000 live births (where national average is 28).
The drive against child marriages, though getting wide support, invited massive public outrages from different corners, and at least two victims of circumstance committed suicides fearing impending police actions. Hundreds of young women (some may have attained minimum legal age of marriage ie 18 years) gathered in the police stations crying for their husbands' release. Many lodged protest demonstrations against the administrative action towards their ‘innocent’ husbands and relatives.
Guwahati High Court criticized the government for detaining people with non-bailable charges under the POCSO Act, rape, etc. 
Opposition parties including the Congress, Asom Jatiya Parishad, All India United Democratic Front, etc. also criticized the action terming it an abuse of law for political gains. AIUDF chief Badruddin Ajmal and AIMIM leader Asaduddin Owaisi came down heavily against the BJP-led government for the mass arrests concerning the unlawful marriages. They alleged that the drive was planned to harass the Muslim families in the State. Owaisi also questioned CM Sarma about the fate of girls and women whose husbands were taken into custody.
The Kailash Satyarthi Children’s Foundation also urged the government to immediately sanction at least Rs 2,000 per month (from the CM’s relief fund) as financial assistance to the affected teenagers/women whose husbands have been detained or arrested. The foundation, even though supports the government initiatives to eradicate the menace of child marriage by penalizing the perpetrators, insisted on extending due financial and legal supports to the victims. It also asked the concerned authorities not to ignore the children born out of child marriages.
Even the higher court in Guwahati criticized the government for detaining all these people with non-bailable charges under the POCSO Act, rape, etc. and creating havoc in their private lives. Granting the anticipatory bail to a group of individuals over the crime, Gauhati High Court observed that there was no need for custodial interrogation of the accused persons. It termed the mass arrest of individuals as a bad idea considering the children and elder members in their families. The court emphasized a society-driven change over the issue than adopting punitive actions.
Unmoved by the criticism, Sarma recently claimed that the stringent step, first of its kind in India by any State government, received necessary support from various sections in the society including the religious minority leaders. With an aim to pursue zero tolerance against this social menace, he emphasized on a robust ecosystem in Assam against the illegal practice of child marriage. He insisted, that the government and law enforcement agencies along with the village heads, self-help groups, etc. must be made the stakeholders in the ecosystem.
---
*Senior journalist based in Assam

Comments

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

What Epstein Files reveal about power, privilege and a system that protects abuse

By Bhabani Shankar Nayak*  The Jeffrey Epstein scandal is not merely the story of an individual offender or an isolated circle of accomplices. The material emerging from the Epstein files points to structural conditions that allow abuse to flourish when combined with power, privilege and wealth. Rather than a personal aberration, the case illustrates how systems can create environments in which exploitation becomes easier to conceal and harder to challenge.

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

How Budgam by-poll has changed the J&K government’s way of working

By Raqif Makhdoomi*  The political landscape in Jammu & Kashmir has shifted markedly since the Budgam by-election was announced. With Aga Muntazir Mehdi now elected as the MLA from Budgam, celebrations continue at his residence as people congratulate him on what many describe as an exceptional victory. He will represent Budgam for the next four years, and his performance during this term will determine his future in the constituency.

NHRC seeks action report on contaminated water outbreak in Ahmedabad

By A Representative   The National Human Rights Commission (NHRC) in New Delhi has issued notices to the Secretary of the Water Supply Department in Gandhinagar , the Ahmedabad District Collector and the Municipal Commissioner of Ahmedabad, seeking an action-taken report within four weeks on allegations of human rights violations arising from a major outbreak of waterborne diseases in Behrampura , Danilimda ward of Ahmedabad city.