The Calcutta High Court recently raised alarm over the persistent occurrence of child marriages, despite its prohibition. This concern arose during a case where anticipatory bail was denied to a 20-year-old man accused of forcibly marrying a minor girl.

The division bench, comprising Justices Harish Tandon and Supratim Bhattacharya highlighted the findings of numerous studies conducted by NGOs and other organizations. These studies revealed a troubling prevalence of child marriages, despite the legal prohibition against such practices.

"A society has to introspect in this regard and the efforts are required to sensitise its inmates not to indulge in such marriages as the minor girl has not developed herself biologically to procreate the child.''

Additionally, the Court observed that a significant number of child marriage cases remain unreported due to the lack of awareness programs and adherence to customary or cultural norms within certain communities.

The Court further noted that in some instances, child marriages occur with the involvement of either the child's family or the adult spouse.

"Despite the Act or legal provisions clearly declaring child marriage as an offense and socially unacceptable, there are cases like the one before us where even grandparents are involved in such marriages," remarked the bench.

The Court was addressing a case involving allegations that a 20-year-old man had forcibly married a minor girl. This claim was substantiated by a statement from the victim girl under Section 164 of the Criminal Procedure Code (CrPC), which pertains to the recording of confessions and statements. Additionally, the Court observed that neither the minor girl nor the accused man had reached the legal marriageable age of 21 years.

Subsequently, the Court denied the man's anticipatory bail plea. Additionally, it mandated the Woman and Child Department of West Bengal to initiate measures for organizing a seminar aimed at raising awareness against child marriages.

Advocates Arijit Ghosh and Swarnali Ghosh appeared for the bail applicant.

Advocates Abhijit Sarkar and Tapan Bhattacharjee represented the State.