Child marriage crackdown creating 'havoc' in private life: High Court

News Network
February 15, 2023

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Guwahati, Feb 15: Observing that arresting a large number of people in the crackdown against child marriage created "havoc in the private life of people", the Gauhati High Court has said there is no need for custodial interrogation of the accused in such cases.

The court also rapped the Assam government for slapping stringent laws like the Protection of Children from Sexual Offences Act, 2012 (POCSO) and rape charges on child marriage accused, and stated that these are "absolutely weird" allegations.

Hearing a batch of petitions by a group of accused for anticipatory bail and interim bail, Justice Suman Shyam allowed all the petitioners to be released on bail with immediate effect.

"These are not matters of custodial interrogation. You (state) proceed as per law, we have nothing to say. If you find somebody guilty, file a chargesheet. Let him or her face trial and if they are convicted, they are convicted,” the judge said.

These are not cases related to Narcotic Drugs and Psychotropic Substances (NDPS), smuggling or stolen property, he said.

"This (arrest) is causing havoc in the private life of people. There are children, there are family members, there are old people. This may not be a good idea to go for (arrests), obviously it is a bad idea," he observed on Tuesday.

Till February 14, altogether 3,031 people have been apprehended against registration of 4,225 child marriage cases. The crackdown had started on February 3 with 4,004 FIRs.

Justice Shyam told Additional Public Prosecutor D Das that the state government does not even have space in the jails and suggested that the administration come up with bigger prisons.

When the government advocate pointed out that cases were registered under non-bailable charges under POCSO Act and rape (IPC Section 376), Justice Shyam said, "What is the POCSO here? Merely because POCSO is added, does it mean the judges will not see what is there?"

The high court is not acquitting anybody and nobody is preventing the government from investigating the cases of child marriages, he added.

"Why Section 376 (of IPC)? Is there any allegation of rape here? These are all weird allegations, absolutely weird," Justice Shyam observed.

The judge then sought the opinion of senior advocate Angshuman Bora, a well-known criminal counsel present in the courtroom for the hearing of a separate case, on the largescale arrests of child marriage accused.

Bora said, "They are not dreaded criminals. At this stage, they (state) can file the chargesheet and subsequently when the matter comes up in the court, the matter will be decided as per the law.”

He also stressed that the message against child marriage can also otherwise be given by filing the chargesheet and sensitising the people, but "not by arresting everyone".

Justice Shyam further asked, "What do you get by custodial interrogation of these people? Either he has abetted or he has not. Either it's a case of child marriage or it is not. For that, is it necessary to have custodial interrogation? What is the idea behind this?"

In the case of Moulana Sajahan Ali who allegedly facilitated a child marriage, the public prosecutor said he was unaware of the police idea behind his arrest.

"The accused person was caught red-handed. Maybe he was performing the marriage and at that time he was arrested," Das said.

Ali's counsel H R A Choudhury pointed out that as per the FIR, the marriage took place in 2021, and asked how he was caught red-handed now.

Justice Shyam said, "What do you (Das) have to say? We will release him on bail. These are not matters for sitting. If marriage (is) taking place in violation of statutory provisions, law will take its own course. That we have nothing to say.

"The punishment is two years and these are matters which have been happening since times. We will only consider whether immediate custodial detention is required or not." 

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News Network
November 18,2024

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Mangaluru: The Ullal police have arrested Manohar, the owner of Vazco Beach Resort, and its manager Bharath in connection with the drowning of three college girls from Mysuru at the resort’s swimming pool on November 17.

City Commissioner of Police Anupam Agrawal confirmed the arrests, stating that a case has been registered under Section 106 of BNS. The bodies of the victims, all in their twenties, have been handed over to their parents. The women had arrived at the resort for a weekend getaway on November 16.

Following the tragic incident, the resort was sealed by officials led by Mangaluru Assistant Commissioner Harshavardhan. The trade license of the resort, issued on June 13, 2024, has been suspended, and the tourism department has temporarily revoked the resort's registration. These actions prohibit the resort from engaging in any tourism-related activities until further notice.

Someshwara TMC Chief Officer stated that the suspension was due to the resort's failure to implement adequate safety measures, which resulted in the loss of three lives. Further investigations are underway.

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News Network
November 14,2024

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The UN special rapporteur for Palestine has slammed Israel’s parliament for passing a law authorizing the detention of Palestinian children, who are “tormented often beyond the breaking point” in Israeli custody.

Francesca Albanese, the UN special rapporteur on the rights situation in the Occupied Palestinian Territory, in a Thursday post on X, characterized the experiences of Palestinian minors in Israeli detention as extreme and often inhumane.

The UN expert highlighted the grave impact of this policy, noting that up to 700 Palestinian minors are taken into custody each year, a practice she described as part of an unlawful occupation that views these children as potential threats.

Albanese said Palestinian minors in Israeli custody are “tormented often beyond the breaking point” and that “generations of Palestinians will carry the scars and trauma from the Israeli mass incarceration system.”

She further criticized the international community for its inaction, suggesting that ongoing diplomatic efforts, which often rely on the idea of resuming negotiations for peace, have contributed to normalizing such human rights violations against Palestinian children and the broader population.

The comments by Albanese came in response to Israel’s parliament (Knesset) passing a law on November 7 that authorizes the detention of Palestinian children under the age of 14 for “terrorism or terrorist activities.”

Under the legislation, a temporary five-year measure, once the individuals turn 14, they will be transferred to adult prison to continue serving their sentences.

Additionally, the law allows for a three-year clause that enables courts to incarcerate minors in adult prisons for up to 10 days if they are considered dangerous. Courts have the authority to extend this duration if necessary, according to the Knesset.

The legislation underscores a shift in the treatment of minors and raises alarms among human rights advocates regarding the legal and ethical ramifications of detaining children and the conditions under which they may be held.

Thousands of Palestinians, including hundreds of children and women, are currently in Israeli jails—around one-third without charge or trial. Also, an unknown number are arbitrarily held following a wave of arrests in the wake of the regime's genocidal war on Gaza.

Since the onset of the Gaza war, the Israeli regime, under the supervision of extremist minister Itamar Ben-Gvir, has turned prisons and detention centers into “death chambers,” the ministry of detainees and ex-detainees’ affairs in Gaza says.

Violence, extreme hunger, humiliation, and other forms of abuse of Palestinian prisoners have been normalized across Israel’s jail system, reports indicate.

Over 270 Palestinian minors are being detained by Israeli authorities, in violation of UN resolutions and international treaties that forbid the incarceration of children, as reported by Palestinian rights organizations.

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News Network
November 21,2024

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Shares of Adani Group companies lost about $28 billion in market value in morning trade on Thursday after US prosecutors charged the billionaire chairman of the Indian conglomerate in an alleged bribery and fraud scheme.

Gautam Adani's flagship company Adani Enterprises tumbled 23 per cent, while Adani Ports, Adani Total Gas, Adani Green, Adani Power, Adani Wilmar and Adani Energy Solutions, ACC , Ambuja Cements and NDTV fell between 20 per cent and 90 per cent.

Adani group's 10 listed stocks had a total market capitalisation of about $141 billion at 0534 GMT, compared to $169.08 billion on Tuesday.

US authorities said Adani and seven other defendants, including his nephew Sagar Adani, agreed to pay about $265 million in bribes to Indian government officials to obtain contracts expected to yield $2 billion of profit over 20 years, and develop India's largest solar power plant project.

Adani Green in a statement on Thursday said the US Justice Department had issued a criminal indictment against board members Gautam Adani and Sagar Adani and the Securities and Exchange Commission had issued a civil complaint against them.

The US Justice Department also included Adani Green board member Vneet Jaain in the criminal indictment, it said.

Adani Green's units had decided not to proceed with the proposed US dollar denominated bond offerings due to developments, it added.

"Investors will shy away from Adani Group stocks ... and that's what this sharp selling is signifying," said Saurabh Jain, assistant vice president of retail equities research at SMC Global Securities.

"This could hurt the credibility of the group and maybe borrowing costs will rise," he said.

The indictment comes nearly two years after US shortseller Hindenburg Research alleged that Adani had improperly used tax havens and was involved in stock manipulation, allegations the conglomerate denied.

Also in early Asian trading on Thursday, Adani dollar bonds slumped, with prices down 3c-5c on bonds for Adani Ports and Special Economic Zone. The falls were the largest since the Adani Group came under a short-seller attack in February 2023.

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