‘Provide full security': SC directs Bihar, Delhi senior cops to ensure safety of minor girl seeking annulment of marriage
The Supreme Court Wednesday asked the Bihar director general of police and Delhi Police commissioner to provide security to a girl who was allegedly forced into a marriage with a contractor, and is now seeking its annulment after escaping from her in-laws' house.
A bench of Justices Ujjal Bhuyan and Manmohan also directed the senior police officers to ensure that no harm is caused to her or her friend who held her escape. The court also sought a status report from the police on the next date of hearing on July 15.
In her plea, the girl claimed to have been forcibly married to Bihar-based contractor Jai Shankar on December 9, 2024, when she was 16 and a half years old, towards the repayment of the debts owed by her parents. Alleging physical abuse by the 33-year-old man, she also sought the annulment of her marriage with him under the Prohibition of Child Marriage Act, 2006.
'Her husband, who is a civil contractor, claimed that the petitioner's parents were indebted to them and she would have to continue in the marriage rather than go for further studies to pursue her dream of becoming a teacher or a lawyer,' her plea said.
The girl also claimed that she was on the run with a friend, and feared for their lives if they returned to Bihar.
She said she was sent away immediately after the wedding ceremony, even though her Class 10 board examinations were due to start. She said she had been assured that she would return to her parents after two days, but was not allowed to do so 'by her in-laws who claimed to have given and spent a lot of money for the marriage and repeatedly told her that they wanted a baby'.
'The petitioner is a hapless victim of child marriage who stands forlorn with no help from family and society in her fight to walk out of the abusive child marriage and hence pleads for invocation of the parens patriae jurisdiction of this court in the best interest of the petitioner,' the plea added.
In the order, the Supreme Court pointed out that the writ petition was filed by 'a minor through her next of kin under Article 32 of the Constitution of India'.
'Petitioner has alleged that she has been forcibly married off to Respondent No. 4 (contractor) despite the fact that she is a minor. She has not got the parental support required at this stage. On the other hand, Respondent No. 4 and his family members are now pursuing the petitioner and her next of kin. It is in these circumstances that the petitioner has approached this court seeking the following reliefs… Issue notice. We direct the Director General of Police, Bihar, as well as the Commissioner of Police, Delhi, to provide full security to the petitioner to ensure that no harm is caused to the petitioner and her next friend.'
The top court also directed that necessary instructions be issued 'to the police authorities to be in touch with the petitioner and her next friend'. 'In case of any emergency, necessary assistance can be provided. Respondents Nos. 1 and 2 submit a separate status report in a sealed cover to the Court by the next date.'
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