The families in India are still reluctant to get their children married off to a person from another caste, the Allahabad court said while lamenting the menace of deep-rooted caste-system in India. A single bench of justice Rahul Chaturvedi expressed his disappointment while pointing how it’s still a matter of concern even after seventy five years of Independence.
Caste system still deep rooted in the society
The court was hearing a joint plea filed by victim woman and her accused husband who sought quashing of FIR against him under Sections 363 (Kidnapping), 366 (compelling of marriage) of Indian Penal Code. The FIR has also been filed under the Section 7/8 which of the Protection of Children From Sexual Offences Act (POCSO Act).
The father of the victim girl was proceeding with the case because of the inter-caste marriage despite the fact that his daughter had married the accused voluntarily and is now a moth of a baby boy.
The judge observed that this case shows the dark face of our society and how the families are still shy to get their daughter or son married in inter caste faith.
“The victim girl belongs to Other Backward Class (OBC) while the applicant you belongs to SC community and out of sheer love and affection, they decided to marry at their teens. This wedlock blessed with a baby boy Shivansh having date of birth 16.09.2022. Despite of all these developments, the applicant is facing the futile exercise of holding trial. The court after hearing the parties, records its deepest anguish, whereby this social menace is so deep rooted that even after 75 years of independence, we are fighting the cases with his opponents on this score only…,’ the Court said.
FIR against victim’s husband
An FIR was lodged against the husband (belonging to SC) by the girl’s father (Belonging to OBC) in February 2019. The father had accused that the now-husband had enticed his minor daughter. The daughter, however, maintained that she voluntarily married her husband and both of them have moved to the court to quash the FIR against against the husband.
The court observed that the legal impediment in the case is that the girl was only 17 years old.
The matter will next be heard on next on April 28.
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