CPM leaders are surrounded by the marriage of a minor, the ‘viral star’ of Kumbh Mela. In this matter, preparations are being made to register a case under many laws including POCSO and SC/ST Act. Action will also be taken against those making fake birth certificates.
Thiruvananthapuram: The issue of marriage of a minor girl, who became famous as the ‘viral star’ of Kumbh Mela, is gaining momentum. CPM leaders are deeply embroiled in this controversy. After the POCSO Act, there are preparations to register a case under the Scheduled Tribes (Prevention of Atrocities) Act in the viral star’s wedding. It is being said that those who helped in making fake birth certificates will also be made accused.
ST Commission’s legal advisor Prakash Uike said this in a Facebook post. Prakash has expressed suspicion of conspiracy in this matter. Their demand is that the role of Kerala CPM leaders who arranged marriages should also be investigated. At the same time, the CPM leaders who attended the wedding are maintaining silence on this case and controversy. Meanwhile, former DGP T.P. Senkumar has told what sections can be imposed in this case. He has mentioned laws ranging from the POCSO Act of 2012 to the new Indian Judicial Code.
Senkumar mentioned these sections
POCSO Act, 2012 (Protection of Children from Sexual Offenses)
Section 19 (Mandatory duty to report): If anyone knows or suspects that a sexual offense has been or is about to be committed against a child, he or she must inform the police or the Special Juvenile Police Unit. Failure to do so is a punishable offence. The person giving information should be given police protection.
Section 4: Punishment for aggravated sexual assault against a child.
Section 7, 8: Describes touching with sexual intent.
2. Indian Civil Code (BNS), 2023
Section 96 (Inciting children for sexual purposes): This includes sexually exploiting or inciting children under 18 years of age to commit wrongful acts. This applies to all children, whether they are boys or girls. Punishment: Imprisonment up to 10 years and fine.
Section 137 (Kidnapping): This includes taking someone out of India or taking (minor children) without the consent of the legal guardian. Punishment: Up to 7 years imprisonment.
Section 143 (Human Trafficking): Trafficking in order to exploit someone by threat, force or inducement is a crime. If the victim is a child, the punishment can range from 10 years to life imprisonment. Here the consent of the victim does not matter.
Section 54 (Aiding offence): The person who helps while the crime is being committed will also be considered the main culprit.
Section 64(2)(i): Sexual assault against women who are not in the mental state to give consent.
Section 337 (Making fake documents): Forging a government document or identity card (like Aadhaar) can lead to a jail term of up to 7 years.
Section 234 (Giving fake certificate): Knowingly giving fake certificate for legal purposes is also punishable.
Section 174 (Election irregularities): Exercising undue influence at an election or impersonating someone else can be a punishable offense punishable with imprisonment of up to one year.
3. Child Marriage Prohibition Act, 2006
Section 9: Punishment for an adult male marrying a girl below 18 years of age or a boy below 21 years of age (rigorous imprisonment up to 2 years and a fine of Rs 1 lakh).
Section 10: Punishment for those who arrange or promote child marriage.
Section 11: Action against parents and guardians who do not stop child marriage.
Section 12: This law says that child marriages done by force, fraud or kidnapping are invalid from the beginning.
4. Juvenile Justice Act, 2015
Section 83: Adults using children for illegal activities can face rigorous imprisonment of up to 7 years and a fine of Rs 5 lakh.
Section 84: Laws relating to kidnapping of children under 18 years of age.
5. Other laws
SC/ST (Prevention of Atrocities) Act, 1898: If a person commits an offense against a member of a Scheduled Caste/Tribe on account of his caste, which is punishable with imprisonment for more than 10 years, the convict may be sentenced to life imprisonment.
Hindu Marriage Act, 1955 (Section 18): Getting married in violation of the age limit of marriage is punishable. Such marriages can be legally invalidated.