What does the law say?

The Embassy of India in Muscat has already established that the girl is a minor, as a letter sent to the Ministry of Foreign Affairs, Sultanate of Oman, cited the girl's primary school records to show that she was born on August 18, 2002.

Child-rights activist and former member of the State Commission for the Protection of Child Rights (SCPCR), Achyuta Rao, argues that the minor's statement does not come under consideration legally, as she is still below the age of legal consent. 

"The 'marriage' in question itself is void and illegal and will be automatically dissolved according to Indian law, as the girl was 16 years old when it took place," he says.

Achyuta says that the Omani national could be tried under sections of the Indian Penal Code (IPC) related to kidnapping, abduction, illegal confinement and even trafficking, which would ensure that he spends the rest of his life in prison.

"In case the relationship was consummated, which I suspect it has been, then Section 376 (Rape) of the IPC and sections of the Protection of Children from Sexual Offences Act (POCSO) Act would also be applicable," Achyuta says.

The activist also says that the reason that the minor may not want to return, is due to the social stigma that could be associated with the whole issue.

"Even though she is kept there as either a sex slave or to do domestic work, returning back home would be very difficult for her, as she might be ostracized by her locality. She will also have great trouble rebuilding her life," Achyuta added.  

The activist demanded the arrest of the Omani national and all others who were involved in trafficking the girl to Muscat along the way.

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