Punjab & Haryana HC grants protection to minor girl living in against parents' wishes [Read Judgment]

CHANDIGARH: The Punjab and Haryana High Court in its capacity as parens patriae has directed Punjab Police to provide protection to a minor girl aged about 17 years who was living with a major aged about 19 years against the wish of her parents.

The Court has however not expressed any opinions on the merits of the case as well legal status of the relationship between the petitioners.

It was hearing a criminal writ petition under Article 226/227 of the Constitution of India, been filed by the petitioners praying for the protection of their life and liberty.

A single judge bench of Justice Harkesh Manuja while granting protection to the petitioners held that “Article 21 of the Constitution of India stipulates protection of life and liberty to every citizen and that no person shall be deprived of his life and personal liberty except in accordance with procedure established by law. As per the Constitutional mandate, it is the bounden duty of the State to protect the life and liberty of every citizen. The mere fact that the petitioners are not of marriageable age or that petitioner No.1 is still a minor, would not deprive the petitioners of their fundamental rights as envisaged in the Constitution, being citizens of India.”

The Court has directed the Senior Superintendent of Police, Sirsa to consider the representation made by the petitioners and to act in accordance with law and if need be, to provide them with interim protection.

Further, it has also directed the Child Welfare Committee to ensure the well-being of minor girl till she attains the age of majority, and upon attaining majority she shall be at liberty to choose where she wants to live.

It further directed the Child Welfare Committee to act in consonance with the directions issued by it in the case of Khuspreet Singh and another vs. the State of Punjab and others, 2022 (3) RCR (Civil) 988, and to file a compliance report within a period of two months from the receipt of a copy of this order.

However, it cautioned while disposing of the petition, that the order passed by it should not be taken as a ground to validate the alleged relationship between the parties or protect them from legal action for violation of law, if any, committed by them.

[Read Judgment]