J&K And Ladakh High Court To Look Into Alleged “Marriage Trap” Involving Young Girls In Kashmir
The High Court directed the Senior Additional Advocate General to inform the Court about a woman IPS officer stationed in Kashmir who can be entrusted with an inquiry into allegations that a young girl was trapped into marriage by an already married man, observing that the matter required deeper scrutiny to determine whether such practices are prevalent in rural areas of the region.
Justice Rahul Bharti, Jammu & Kashmir and Ladakh High Court
The High Court of Jammu & Kashmir and Ladakh at Srinagar has sought the name of a woman IPS officer stationed in the Kashmir Province to conduct an inquiry into allegations that a young girl had been trapped into a purported marriage with an already married man and subsequently approached the Court seeking protection.
The Court was hearing a writ petition seeking protection for the petitioners who claimed to have entered into a marriage and feared threats from family members.
A Single Bench of Justice Rahul Bharti observed: “This Court calls upon Mr. Mohsin Qadri, learned Senior AAG, to apprise this Court about a woman IPS officer holding position either in Srinagar or elsewhere in Kashmir Province, to whom inquiry into the matter related to petitioner No. 1 falling victim to alleged trap of marrying the petitioner No. 2 a 46-year-old already married person, and then coming to this Court seeking protection, whereas the facts have turned out to be otherwise which cannot be let go without being properly enquired and probed to figure out as to whether such like vulturish practices are active in Kashmir’s rural areas".
Therefore, the Court further remarked, "for the said purpose, assignment is to be entrusted to a woman IPS officer stationed in the Kashmir Province, given the fact that this case may have ramifications of Inter-Districts nature as well.”
Background
The proceedings arose from a writ petition filed before the High Court seeking protection on account of an alleged marriage between a young girl and an adult man. During the hearing of the matter in the special cause list, the Court interacted with the parties who had appeared in person.
The Court noted that the girl had approached the Court as a petitioner seeking protection after claiming to have married a significantly older man who had also appeared before the Court.
Concerned about the mental state and circumstances of the girl, the Court directed that she be taken into custody of the Women Police Station and subsequently placed at the Open Shelter for Girls, Nowgam, Srinagar, for her safety and care. The Court also took note of the absence of a woman constable initially at the High Court premises, which led to a delay in handing over custody to the appropriate authorities.
The Court had further recorded its concern regarding security arrangements at the High Court premises and emphasised the need for the presence of women police personnel, considering that women litigants and female advocates routinely attend court proceedings.
Subsequently, when the matter was taken up again, the girl was produced before the Court from the Open Shelter by a woman police officer. Her mother also appeared before the Court and acknowledged that the girl was her daughter and that there had been a lapse in parental vigilance leading to the circumstances in which the girl had approached the Court.
The Court observed that the case had far-reaching implications and could not be treated as an isolated incident. It therefore directed that the matter would continue to be monitored by the Court, particularly in view of concerns about possible exploitation of young girls.
During the proceedings, the Court also took note of reports submitted in sealed cover by the social worker from the shelter home and by the Station House Officer of the concerned police station regarding the background and antecedents of the individuals involved.
Court’s Observation
Justice Rahul Bharti noted that the case raised serious concerns relating to the safety and vulnerability of young girls, particularly in rural areas. The Court observed that indications were suggesting the possibility of organised practices targeting young and gullible girls through inducement or manipulation.
The Court also observed that the role of various persons connected with the alleged marriage required examination, including the person who facilitated the marriage and the circumstances in which the purported marriage document had been produced before the Court.
Considering the seriousness of the matter, the Court held that the issue required a proper inquiry to determine whether similar practices were occurring in different districts of the Kashmir Province.
Accordingly, the Court called upon Senior Additional Advocate General Mohsin Qadri to inform the Court about a woman IPS officer holding a position either in Srinagar or elsewhere in Kashmir who could be entrusted with conducting the inquiry.
The Court noted that assigning the inquiry to a woman IPS officer would be appropriate in view of the sensitive nature of the matter and the possibility that the issue could have inter-district ramifications.
Conclusion
The Court directed the Senior Additional Advocate General to apprise the Court of the name of the woman IPS officer who could be assigned the inquiry. The matter has been listed for further hearing for consideration of the proposed inquiry and continuation of proceedings.
Cause Title: XYZ v. Union Territory of J&K and Others
Appearances
Sehreen Zehra, Advocate appearing as Amicus Curiae, Jahangir Ahmad Dar, Government Advocate for the Union Territory, Mir Umar, Advocate for the respondent.
