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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