By Shafeeq Hudawi
Kozhikode: Babu, a 21-year-old from the Paniya community, came out of jail in March after spending close to three months in jail. His crime? He is not entirely sure about that.
Babu, who is from Meenangadi in Wayanad district, was jailed in November, 2015 under Protection of Children from Sexual Offenses (POCSO) Act. Babu had married a tribal girl aged below 15 years. Babu, who was given four life imprisonments, got bail following interventions of activist groups. If law is not lenient, the tribal youngster will have to spend 13 years in jail. The story of 19-year-old Sivadasan from Thiruvannoor at Muthanga, one of the tribal settlements in Wayanad, is not much different. He has been booked for marrying a girl as per customary laws and is awaiting trial.
According to the figures with People’s Union for Civil Liberties (PUCL), there are around 50 tribal youngsters, who are facing trail or baffling in jail various under the various sections of POCSO.
POCSO was formulated in 2012 in a bid to effectively tackle the sexual abuse against children prevalent in the country. The Act ensures speedy trial and rigorous imprisonment for the convicted. A special court has been set up at Kalpetta in Wayanad to handle such cases.
“This is a case of injustice towards the tribal people. These youngsters are attached to their customs and unaware of the legal aspects while it comes to marriage,” says Advocate P A Pouran of PUCL.
Wayanad’s tribal settlement mainly consists of Paniya, Naaykkar and Adiya tribal communities. These communities follow customary mode of marriage. “The girl starts her new life from the boy’s house and later only a small function is held to mark the wedding,” says Dr PG Hari, activist and general convener of Janakeeya Samithi, a public forum formed for the protection of POCSO victims.
Paniya community, which Babu and Sivadasan belong to, is lagging far behind in terms of education and social awareness. “The law addresses their crimes not their backwardness,” says PA Pouran.
In Wayanad, the customary marriages are timely reported to the police by officers of Social Justice Department, Tribal Welfare officers, tribal promoters, Anganwadi workers and school teachers.
This happens at a time when abuse cases committed by outsiders against tribal girls are easily settled by the officers concerned in the presence of police. They evade from POCSO and even from primary actions.
“While it comes to effectively enforcing the law against the outsiders, officials concerned tend to commit criminal lapses. In fact, POSCO should be imposed against the high officials of Social Justice and Tribal Welfare departments,” Hari says.
Activists also allege that no cases are taken against the child marriages prevalent in other communities other than tribal people.
“These people are easily targeted as they are neither part of political parties nor pressure groups,” Pouran says.
Despite wide outcries against using POSCO against tribal boys, the people’s representatives are reluctant to take up the cause.
“These cases have brought the flaws in legislating laws. The people’s representatives, who are ignorant of the ground realities, tempt to simply pass such laws by casting their votes,” he adds.
However, the activists demand special consideration for the tribal people taking in to account of their customs and less awareness.
“Steps were afoot to extend special consideration for the tribal people. But they are yet to bear fruit owing to the laxity of authorities concerned,” Hari says.
While contacted, Advocate Nazeer Chaliyam, acting chairman of Kerala State Commission for Protection of Child Rights said that such an exemption was essential taking note of special case of tribals. “Exemption could be made into realty if the cause is taken up by the state government,” he said.
When Twociricles contacted Wayanad MP MI Shanavas, he said that the issue had not been brought to his attention and added that he will consult the authorities concerned to sort out the issue.
Meanwhile, the activists have decided to take out a march to POCSO Special Court raising demand to give special consideration for tribal youngsters on April 11. The march will be attended by activists Meena Kandaswamy and Daya Bai