"Right To Life Guaranteed To Everyone": Punjab & Haryana High Court On Protection Plea By Minor In Live-In Relationship

Observing that merely because petitioners are not of marriageable age it "would not deprive" them of their fundamental rights, the Punjab & Haryana High Court has directed to send a minor girl to the children's home, who was seeking protection from her relatives along with her 19-year-old live-in partner.

While directing to send her to the children's home, the Court said that since the girl is a minor "it becomes incumbent upon the Court in its capacity as parens patriae to examine what is best in the interest of the minor."

Justice Harkesh Manuja said, "Chandigarh Police is directed to take petitioner No.1 (minor girl) to Ashiana Children's Home, Sector 16, Panchkula, Haryana, where, she is to be kept till the time Superintendent of Police, Sirsa comes and receives her for her further committal into Children's Home, Sirsa till she attains the age of majority and upon attaining majority she shall be at liberty to chose where she wants to live."

The Court further said 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 the girl is still a minor, would not deprive the petitioners of their fundamental rights as envisaged in the Constitution, being citizens of India, it added.

The Court was hearing a protection plea filed by a 17-year-old girl and 19-year-old boy, stated to be in a live-in relationship, who were apprehending threats from their relatives.

The parties appeared before the Mediation and Conciliation Centre of the High Court so as to interact with each other. However, the girl submitted that she did not wish to accompany her parents.

After hearing the submissions, the Court referred to Khuspreet Singh and another vs. State of Punjab and others, 2022 (3) RCR (Civil) 988, wherein in a similar case a minor girl seeking protection approached the Court and it issued the following directions:

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.

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/decisions as regards placement of a child/custody of the child in need of care and protection.

V. The concerned SSPs/SPs/CPs shall also take appropriate steps as warranted by law against the threat perception to the minor as well as to her next friend, through whom the minor has approached this Court and to ensure that the respective petitioners are protected from any physical harm at the instance of the respondents mentioned in the petition.

VI. The petitioners are directed to appear in the office of SSP/SP of the respective Districts within a period of 03 days from receipt of this copy, failing which the concerned SSP/SP shall depute a Child Welfare Police Officer to produce the minor before the Child Welfare Committee within a period of 01 week thereafter.

VII. The Child Welfare Committee constituted under the Juvenile Justice (Care and Protection of Children) Act 2015, shall send a compliance report to this Court.

Without expressing any opinion on the merits of the matter or commenting thereon and in particular the legality of the alleged relationship, the Court directed the SSP to consider the representation made by the petitioners.

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 said.

Furthermore, the Court directed the Police as the Child Welfare Committee to take all steps detailed in the directions contained in Khuspreet Singh's case (supra).

While directing to send the minor girl to the children's home, the Court said, "The Child Welfare Committee constituted under the Juvenile Justice (Care and Protection of Children) Act 2015, shall ensure the well-being of petitioner No.1 in the Children's Home Sirsa."

Karan Singh, Advocate for the petitioner.

Chetan Sharma, DAG, Haryana.

Naresh Kumar Garg, Advocate for respondents No.4 to 8.

Title: XXXX v. State of Haryana

Citation: 2024 LiveLaw (PH) 132

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