Orissa High Court Urges Societal Reflection on Forced Marriages
The Orissa High Court made a significant observation about forced marriages in a recent case. The court stated that society needs to introspect when parents force their daughters into marriage against their will.
Court's Strong Stance on Consent
A bench comprising Chief Justice Harish Tandon and Justice M S Raman heard a habeas corpus petition filed by a father. His daughter had gone missing late last year. The court emphasized that the decision of a girl is paramount in matters of marriage.
"A time has come when society would introspect when girls are forced to marry by their parents," the court observed. "The decision of the girl is paramount, and her consent should be obtained before any such decision is taken by the parents."
The bench made it clear that they respect the decision of a major girl. They stressed that forcing marriage on an unwilling girl using external pressure does not contribute to a healthy society.
Recommendation for Sensitization Programs
The court suggested that the administration should conduct sensitization programs. These programs would aim to eradicate any sense of parents imposing their decisions on their children.
Since the girl had already been produced before the court physically, the bench saw no purpose in keeping the writ petition pending. They directed authorities to ensure her smooth return to her chosen place.
Police Directed to Ensure Safety
The court issued specific directives to the police. They must ensure that no interference or obstruction comes from any corner. This includes parents and the so-called husband of the girl.
The police received orders to guarantee the safety and security of the girl at her place of abode. They must take immediate steps if any incident gets reported to them.
Background of the Case
The case originated from a habeas corpus plea filed by the girl's father in December last year. He had filed a missing person complaint with the police. He alleged police inaction and an apathetic attitude in tracing his daughter.
Following a court order on December 9 last year, local police presented the girl before the court. She had allegedly gone missing from her matrimonial home.
The additional government advocate submitted details to the court. The investigating officer found the missing girl's mobile number with help from the cyber cell. They made contact with her.
The girl disclosed that she had gone to another city of her own accord. She did not intend to return to her parental house or her in-laws' house. She expressed her discordance with the forcible marriage.
The court learned that she is now happily living in the other city. She has gained employment with a private company and is gainfully employed.
Court's Protective Measures
The court directed the police to produce the girl before them on the next date. They ordered adequate protection for her. The police received instructions not to allow anyone to meet her unless she wishes it.
This case highlights the judiciary's growing emphasis on individual consent in marriage decisions. It underscores the importance of respecting a person's autonomy, particularly in life-changing matters like marriage.
