A Foolish Judgment by the Calcutta
High Court
Shubhendu Ray, a resident of Bakultala area of Bahrampur in
the district of Murshidabad, West Bengal. Mr Ray is a businessman and a local
leader of a political party. His daughter Anita is a 15-year-old girl.
Shahidul, a local Muslim boy seduced Anita and forcefully abducted her on 14
October, this year. Later on, she was forcefully converted to Islam and on the
next day Shahidul married her. On 20 October, Shubhendu Ray, with the help of
the police, went to Shahidul’s house and recovered his daughter Anita. A case
was moved against Shahidul and then onward he was absconding.
Meanwhile, Shahidul filed an anticipatory bail
petition to the court at Barhamour but the petition was rejected. Then Shahidul
moved his petition to the Calcutta High Court and a division bench, comprising
of Justice Pinaki Ghosh and Justice Shailendra Prasad Talukdar (both of them are
Hindus), granted the anticipatory bail to Shahidul, on 16 December. While
delivering their verdict, the Judges said that, though marriage of a girl below
18 is unlawful according to Hindu Marriage Act, it is not applicable in the
present case. Since Anita was converted to Islam prior to her marriage, the
case falls under the purview of the Muslim Marriage Act and as the Muslim
Marriage Act permits one to marry a 15 tear-old girl, hence Shahidul has done
no offence.
The
question therefore arises – Is conversion of a minor girl of 15 is valid in
law? If not, then the conversion of minor girl Anita stands null and void in
the court of law. So treating her marriage according to Muslim Marriage Act
does not arise. Furthermore, eloping with a minor girl of 15 without the
consent of her parents is a clear case of kidnapping, which is a highly
criminal offence and how the honourable judges have overlooked this crime on
the part of Shahidul before granting him the said anticipatory bail.
Such carelessness and callousness of the
honourable judges of a High Court is unpardonable
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