Ensure Compliance With Juvenile Justice Act: Punjab & Haryana High Court To CWC In Case Where Minor Was Allegedly Forced To Marry Old Man

The Punjab & Haryana High Court has directed the Child Welfare Committee (CWC), constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), to conduct an enquiry under Section 36 of the Act and ensure compliance, in the case of a minor girl whose parents have allegedly fixed her marriage with an old man.

A 15-year-old girl had moved Court through her friend by filing a protection plea against her family members. The girl stated that her friend came to her rescue when her parents were trying to marry her to an old man without her consent. 

Justice Harsh Bunger issued a slew of directions and said, "It is the bounden duty of the State as per the Constitutional obligations casted upon it to protect the life and liberty of every citizen. Right to human life is to be treated on much higher pedestal, regardless of a citizen being minor or a major."

The mere fact that the petitioner is minor in the present case would not deprive her of the fundamental right as envisaged in the Constitution of India, being a citizen of India, the Court added.

The protection plea stated that the minor girl was beaten by her family when she opposed the marriage and upon getting an opportunity, she said to have run away from her parental house on June 02 and since then she has been running from pillar to post to save her life and has lastly taken refuge at her friend's house.

It is alleged that when the minor girl was taken to the local police station for help, it was of no avail, and her family members raided her friend's house where she was staying and threatened his family members. Thereafter, they also threatened to implicate anyone who helped her.

After hearing the submissions, the Court noted that, Promila Minor through Vikram v. State of Haryana & Ors wherein a co-ordinate Bench of the Punjab & Haryana Court has considered the question relating to striking a balance between the constitutional right to life as enshrined under Article 21 as well as statutory obligation cast under the Juvenile Justice (Care and Protection of Children) Act, 2015, in a case where a minor claimed to have abandoned her guardian and approaches the Court through a self proclaimed next friend/guardian.

In light of the above case, the Court issued a slew of directions including the following:

I. The minor...shall appear or be produced by her friend...in the office of Senior Superintendent of Police, Ferozepur within a period of three days from today, failing which, the concerned Senior Superintendent of Police shall depute a Child Welfare Police Officer to produce the minor/child before the Committee constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015 within a period of one week thereafter.

II. The Committee shall conduct an enquiry contemplated under Section 36 of the JJ Act and pass an appropriate order under Section 37 ibid by associating all the stakeholders and ensure that the objects of the Act are well served.

III. The Child Welfare Committee shall take appropriate decisions with respect to the boarding and lodging of the minor and also to conduct enquiry on all issues relating to and affecting safety and well being of the child/minor.

IV. During the pendency of such adjudication and passing of orders as contemplated under Section 37 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the Committee shall also take appropriate interim measures/decisions as regards placement of a child/custody of the child in need of care and protection.

While disposing of the plea, the Court also directed the CWC to file a compliance report before the High Court.

XXXX v. State of Punjab and others

Citation: 2024 LiveLaw (PH) 211

Mr. Dheeraj Kumar, Advocate for the petitioner (through video conferencing).

Mr. Kunwarbir Singh, AAG, Punjab.

Click here to read/download the order