The Allahabad High Court has asked the apex Arya Samaj Body to issue introspect and issue guidelines to abolish the solemnization of child marriages.
The single-judge bench of Justice Saurabh Shyam Shamshery passed the order in view of people misleading Arya Samaj with forged or incorrect declarations that both bride and groom are major and obtaining marriage certificate after solemnization of same in their ceremonies.
"Of late, Court has encountered with certificate being issued for marriages solemnised by Arya Samaj’s ritual by misleading them on basis of forged or incorrect declaration that both bride and groom are major, however invariably it was found to be contrary to record and thus indulged the members of Arya Samaj to commit not only an illegality but to act against the teachings of their guru. This would not less than betraying the trust of Swami Dayanand imposed on members of Samaj", the court ordered.
Brief Facts of the Case
The applicant filed bail application in case registered under
Sections 363, 366, 376(3) I.P.C. and 3/4 of POCSO Act. The complainant
had stated that her daughter who went to attend nature's call was
allegedly kidnapped.
Learned counsel for the applicant submitted that delay of three days in lodging F.I.R. remained unexplained. It appears that victim was recovered alone on 15.11.2022, thereafter, she gave her statement under Sections 161 and 164 Cr.P.C. that she along with applicant ran away and got married, however, later on they were apprehended, he averred.
He further submitted that victim has taken contrary stand in her statement before Magistrate that applicant has enticed her and forcefully kidnapped and took her to Prayagraj for Marriage. She has forcefully remained with applicant, who made physical relationship against her will. He went on to submit that as per radiological examination, age of victim is opined between 17 to 18 years and that the case is of consensual relationship where the victim has love affair with applicant and hey got married and lived together as husband-wife.
Learned A.G.A.-I for State opposed the above submissions and contended that according to educational document, age of victim on the date of occurrence was about 15 years and 8 months, therefore, she was a minor girl and as such her consent, if any, is immaterial. She has specifically stated in her statement recorded under Section 164 Cr.P.C. that applicant not only enticed her but forced her to marry and made physical relationship against her will.
He referred a certificate of marriage issued by Arya Samaj, Krishna Nagar, Prayagraj and has submitted that they have solemnized marriage of a minor girl, which is an illegal act and for that this Court may issue an appropriate direction
High Court's Observation
The Court concurred with the submissions of Learned A.G.A.-I and denied bail to applicant. It also took serious note that Arya Samaj, Krishna Nagar, Prayagraj has issued a marriage certificate of applicant with victim, a copy of same is on record.
Noting that Marriage certificate does not indicate how age of victim is verified, the Court stressed that it was the duty of Arya Samaj Krishna Nagar, Prayagraj that before solemnizing marriage, it should be carefully verified whether they are solemnizing a marriage between two adult persons or not as it amounts to a child marriage which was opposed by Swami Dayanand Saraswati Ji.
The Court noted that Arya Samaj, a reformist movement was commenced in 1875 by Swami and mentioned principles of the same.
"Vivah Sanskar has always been a sacred and pious process for a bride and groom before they enters into their Grihasth Ashram. According to Arya Samaj’s ritual, it includes Varmala & Swagat, Vidhi Madhuparkaa, Yagna & Kanyadaan, Havan & Godan, Pani Grahan Sanskar, Shilarohan, Lajahom, Phere or Parikrama, Kesh Mochan, Saptapadi & Hriday Sparsh Mantra, Sindoor & Mangalsutra and Surya Darshan. They at the time of Vivah Sanskar odour to be Arya Samajist and they devout the rituals with all sincerity and devotion, therefore, it become a duty of responsible office bearers of Arya Samaj to stop their pious efforts to propagate teachings of Swami Dayanand Ji including to curb ‘child marriage’ to be misused by persons, who indulge them in solemnising such marriage which may not be legalised. For example a marriage of minor as the case in hand, which would also in direct conflict of one of the mottos of Swami Dayanand, to stop ‘child marriage’."
The Court pointed out that it has taken note that couples are tricking the Arya Samaj into solemnizing child marriages and the same not only amounts to committing an illegality but against the teachings of their guru as well. It amounts to betraying the trust of Swami Dayanand imposed on members of Samaj, it added.
"As referred above, facts of present case are glaring example where accused and victim have played fraud with belief of Arya Samaj. The victim is a minor girl who was less than 16 years when her marriage was solemnised with applicant."
The Court opined that it is high time when Arya Samaj has to do introspection so that they may not be subjected to fraud and they have to make stringent rules and procedure to verify the credentials of prospective bride and groom, especially when they are on run from their respective families or they are approached through touts, who are prevailing in Allahabad as they are promising couples on run, that they will get protection from this Court.
If responsible members does not take cognizance of this menace, a day will come soon that Arya Samaj Mandir will become a place for solemnizing illegal marriage and their prestige will be in doom, the court remarked.
The Judge also shared how he has first hand information that how a priest at an Arya Samaj Mandir, near to High Court has convinced a person that marriage can be solemnized with minimum papers and he would get concession in fee fixed for marriage
"Priest has endeavoured that said person be convinced so that marriage of prospective bride and groom be solemnized at the Mandir. It shows how a pious place is becoming a place for conducting activity for money which may not fall under ‘legal activity’."
Citing the old saying that “Prevention is better than Cure”, the court directed that Arya Samaj Krishna Nagar, Prayagraj shall not solemnize any marriage where the proposed groom and bride have no consent from their families for a period of two months from today.
It also gave the following suggestion for framing the supposed guidelines as directed:
The Court also asked the President of ‘Sarvadeshik Arya Pratinidhi Sabha’, to look into above referred legal issues and proposed suggestions so that guidelines be issued by the apex body with the object to avoid Arya Samaj Mandir to be a part of ‘child marriage’ and for
that discussion/consultation be undertaken with stakeholders, Senior Arya Samajists etc.
The Court has directed two months time for the formation of guidelines.
CASE TITLE: Pappu vs State of U.P. & Ors.
CASE DETAILS: Criminal Misc. Bail Application No. 7975 of 2023
CORAM: Hon'ble Mr. Justice Saurabh Shyam Shamshery
Advocates for Petitioner: Vishnu Murti Tripathi
Advocates for Respondent: G.A.,Juned Alam,Pradeep Kumar
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