Court rejects plea to quash proceedings against accused in child marriage case, emphasizing the importance of safeguarding childhood rights and upholding statutory mandates.
In a significant judgment delivered by the Karnataka High Court, Justice M. Nagaprasanna rejected a petition seeking the quashing of proceedings against individuals involved in a child marriage case. The case, titled "Sri Manjunatha N. v. State Of Karnataka," revolved around the marriage of a 16-year-old girl to a 27-year-old man, an act that stands in violation of the Prohibition of Child Marriage Act, 2006.
The petitioners, accused of solemnizing and promoting the marriage, argued that they were unaware of the legal implications and that the marriage was conducted during the COVID-19 pandemic under duress. Despite their claims of ignorance and subsequent harmony in the marital life of the couple, the High Court firmly asserted that ignorance of the law is not a valid defense.
Justice Nagaprasanna emphasized that child marriage is a denial of basic human rights, curtailing education and exposing children to various forms of exploitation. The court upheld the statutory provisions of the Prohibition of Child Marriage Act, which mandates rigorous imprisonment and fines for offenders, highlighting that criminal liability is determined at the time of the act, irrespective of later developments in the marriage.
The judgment also addressed the broader societal implications of child marriage, underscoring the need for awareness and accountability at venues where marriages are performed. Justice Nagaprasanna called for increased public consciousness and responsibility among temple authorities, marriage hall managers, and the media to prevent such practices.
This decision aligns with previous rulings, including those by the Supreme Court and the Kerala High Court, which have consistently recognized child marriage as a social wrong. The Karnataka High Court's ruling reinforces the constitutional imperative to protect childhood and eradicate child marriage, ensuring that the rights of children are prioritized over cultural and social customs.
Bottom Line:
Prohibition of Child Marriage - Ignorance of law is not an excuse - Child marriage is a denial of basic human rights, curtails education, imperils health, and exposes children to exploitation - Criminal liability measured at the time of commission, not neutralized by subsequent harmony in marital life.
Statutory provision(s): Prohibition of Child Marriage Act, 2006 - Sections 9, 10, 11
Sri Manjunatha N. v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2867231
