Allahabad High Court Upholds Detention of Minor Mother in Protection Home Until Majority

Court Rules on Complex Legal Implications of Underage Marriage and Child Custody Under Bharatiya Nyaya Sanhita, 2023

In a significant judgment, the Allahabad High Court, presided over by Justices J.J. Munir and Sanjiv Kumar, has ruled on the habeas corpus petition filed by Neha, a minor mother, and her two-month-old son, concerning their detention at a protection home. This case, Neha v. State of U.P., highlights the intricate legal challenges posed by underage marriages and child custody under the newly enacted Bharatiya Nyaya Sanhita, 2023 (B.N.S.).

The court was confronted with a complex situation where the petitioner, referred to as 'A', was married at 16, became a mother, and was later detained under the B.N.S. provisions. The court noted that 'A' was married to Mukesh, who has been arrested for engaging in sexual acts with a minor, an act now considered rape under Section 63 of the B.N.S.

Despite arguments from the petitioner's counsel, relying on previous legal precedents under the old Indian Penal Code, the court emphasized the updated legal framework. The age of consent has been redefined under the B.N.S. to 18 years, rendering any sexual activity with a minor, even within marriage, as statutory rape. This reflects a significant shift in how the law views consent and protection of minors, aligning with the POCSO Act's stringent provisions.

Addressing the habeas corpus plea, the court ordered that 'A' remain in the Rajkeeya Bal Grih (Balika) until she reaches the age of majority. The court acknowledged the humanitarian aspect, permitting her mother-in-law visitation rights to support her emotional needs, albeit with restrictions to ensure the safety and security of the minor and her child.

The court took additional measures to ensure the well-being of 'A' and her child during detention. Orders were made for regular medical check-ups and oversight by judicial officers to ensure compliance with the court's directives.

This judgment underscores the evolving legal landscape regarding child rights and protection, setting a precedent for similar cases involving underage marriages and their legal repercussions under the B.N.S., 2023.

Bottom Line:

Legal implications of marriage involving a minor and the subsequent child custody and care as per Bharatiya Nyaya Sanhita, 2023.

Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 63, Section 137(2) B.N.S., Protection of Children from Sexual Offences (POCSO) Act, Articles 14, 15, 21 of the Constitution of India.

Neha v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2796351