Duty Of Court To Examine Best Interest Of Minor: Punjab & Haryana HC Directs Police Protection For Minor Who 'Refused To Marry Old Man'

The Punjab & Haryana High Court has directed the Punjab Police to provide interim protection to a minor girl who was allegedly evicted from her house by her father after she refused to marry an old person.

Justice Manisha Batra said, "petitioner No.2 is a minor and has approached the Court, it becomes incumbent upon the Court in its capacity as parens patriae to examine what is best in the interest of the minor and it is deemed appropriate to direct Respondent No.2 to take all steps in the present case as per the directions given in Khuspreet Singh's case [Khuspreet Singh and another vs. State of Punjab and others, 2022 (3) RCR (Civil) 988]"

In Khuspreet Singh's case, the High Court issued a set of guidelines to ensure the protection of a minor child, which includes the following:

I. Police/Commissioner of Police of the respective district 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.

II. The respective Committee shall conduct an enquiry contemplated under Section 36 of the Juvenile Justice (Care and Protection of Children) Act 2015 and pass an appropriate order under section 37 of the said Act, by associating all the stakeholder, and to ensure that the objects of the Juvenile Justice (Care and Protection of Children) Act 2015 are well served.

III. The Child Welfare Committee shall take appropriate decision 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.

Background

A minor girl approached the Court through her family friend, seeking protection from her parents, who had allegedly beaten her with an iron rod because she refused to marry an "old person." The girl was staying with her family friend because she was statedly evicted from her house.

After hearing the submissions, the Court without expressing any opinion on the merits of the matter, disposed of the plea with a direction to Senior Superintendent of Police, Amritsar to consider the aforesaid representation given by the petitioners and in case there is any threat perception to the petitioners at the hands of private respondents, to act in accordance with law and if need be, to provide them interim protection.

It further directed the minor girl and her family friend to appear before the Senior Superintendent of Police, Amritsar within a period of 5 days from the receipt of a copy of this order, failing which the SSP shall depute a Child Welfare Police Officer to produce the minor before the Child Welfare Committee within a period of one week thereafter.

While dispensing of the plea, the Court asked the Child Welfare Committee constituted under the Juvenile Justice (Care and Protection of Children) Act 2015, to send a compliance report to the High Court.

Mr. Harmanpreet Singh and Ms. Samanpreet Kaur, Advocates for the Petitioners

Ms. Ruchika Sabherwal, Sr. DAG, Punjab.

XXX v. State of Punjab & Ors.

2024 LiveLaw (PH) 240

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