'Ethical & Moral Values Of Our Heritage Destroyed, Laws Flouted': Punjab & Haryana High Court On Rise In Protection Pleas Involving Minors

While expressing concern over the rise in protection pleas being filed by run away couples often involving minors, the Punjab and Haryana High Court remarked that "not only the customary, moral and ethical values of our heritage are being destroyed but even the parameters of law are also being flouted in a very casual manner."

Justice Sandeep Moudgil made the remarks while adjudicating the habeas corpus petition moved by a woman claiming that her partner was detained since the partner's parents are opposed to their same-sex relationship.

The material produced on record on behalf of UIDAI indicated that the alleged detenu is a minor. Court also noted that a birth certificate was recently issued in the alleged detenu's name, after she came in contact with the petitioner, showing her to have attained majority. It is at this juncture that the Court remarked,

"the High Court is being flooded with such like petitions wherein, either writ in the nature of Habeas Corpus is being sought for the release of the minor despite the fact that the minor child is in the custody of biological parents and the petitions are moved by strangers claiming themselves to be the next friend or seeking protection to the life and liberty under Article 21 of the Constitution of India."

Court said on an average 80-90 petitions are being listed for seeking protection either by run away couples after solemnizing marriage or otherwise wishing to stay in a live-in-relationship wherein either of two yet not attained marriageable age. It also noted that such petitioners directly rush to the Court immediately after submitting a representation to the police authorities.

"This precarious situation needs to be dealt with, as to why citizen in the country are feeling unsafe despite approaching the police authorities in time, which is an issue to be addressed as it is the primary and essential duty of law enforcing agency itself once an application/representation has been received, it should be dealt with in utmost urgency especially where protection of life and liberty is being sought," the Court said.

Adding that under the directive principles, as enshrined in our Constitution the State is duty bound to provide care and protection to each and every individual even without representing them, the Court said, "but here is a nature of litigation which needs to be addressed with utmost caution and urgency."

The Court has sought assistance of Advocate Generals of Punjab and Haryana and the Senior Standing Counsel of Chandigarh to assist on the issue, "considering that whether any Standard Operating Procedure (SOP) is in place or can be put in place for an effective dealing with such like representations, so received, by its law enforcing agencies."

Justice Moudgil said such a mechanism is "also need of the hour, wherein, these petitions are on the rise with peculiar circumstances like the petitioners who are living in other States such as Uttar Pardesh, Himachal Pardesh, Bihar etc. but are approaching this Court for protection merely after creating a jurisdiction of this Court by solemnizing marriage at a place which is quite common in most of the petitions and if this issue is mechanically examined, would it not amount to abuse of process of law."

The matter is now posted on January 29.

Advocate Anjali Sheoran appeared for Amrita Garg counsel for the petitioner.

Baljinder Singh Virk, Sr. DAG Haryana.

Sanjay Jain, Legal Aid Counsel for respondents No. 4 & 5

Varun Issar, Sr. Panel Counsel for UIDAI.

Case Title: X v. State of Haryana & Ors.