Punjab & Haryana HC As ‘Parens Patriae’ Directs Protection For Minor Couple Living Together Against Family Wishes
The Punjab and Haryana High Court as ‘parens patriae’ directed the police to grant interim protection to a minor couple living together against the wishes of their families.
The Bench did not express any opinion on the legality of the alleged relationship between a 19-year-old adult and a 17-year-old minor, both of whom conveyed their desire to marry each other although they had not attained the legal marriageable age.
A Single Bench of Justice Harkesh Manuja observed, “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. 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.”
Advocate Karan Singh represented the petitioner, while DAG Chetan Sharma appeared for the respondent.
The Court directed the Senior Superintendent of Police to consider the representation made by the couple praying for the protection of their life and liberty. The Child Welfare Committee constituted under the Juvenile Justice (Care and Protection of Children) Act 2015 was also directed to ensure the well-being of minor.
Referring to Article 21 of the Constitution, the Court pointed out that the State is bound by the Constitutional mandate to protect the life and liberty of every citizen. Similarly, a couple cannot be deprived of their fundamental rights merely because they have not attained the marriageable age.
“It is made clear that this order shall not be taken to validate the alleged relationship between the petitioners or protect them from legal action for violation of law, if any, committed by them,” the Court clarified.
Accordingly, the High Court disposed of the petition.
Cause Title: XYZ v. State of Haryana & Ors. (Neutral Citation: 2024:PHHC:056712)
Appearance:
Petitioners: Advocate Karan Singh
Respondents: DAG Chetan Sharma; Advocate Naresh Kumar Garg