Can’t deprive minor runaway bride of fundamental rights: High Court

Tribune News Service

Chandigarh, June 13

Merely because the runaway bride is not of marriageable age, she cannot possibly be deprived of her fundamental rights as envisaged in the Constitution of India, the Punjab and Haryana High Court has asserted, while directing the police to decide a couple’s protection plea before taking necessary action in accordance with law.

Taking up the protection plea by the runaway couple, Justice Alka Sarin of the High Court asserted the issue before the Bench was not regarding the validity of their marriage. The petitioners were seeking protection of their life and liberty as envisaged under Article 21 of the Constitution. It provided for protection of life and personal liberty. It further made it clear that no person would be deprived of life and personal liberty except as per the procedure established by law. In the present case, the bride was a minor evident from her Aadhaar card. “However, this court cannot shut its eyes to the fact that the apprehension of the petitioners needs to be addressed. Merely because the petitioner-girl is not of marriageable age, she cannot possibly be deprived of her fundamental rights as envisaged in the Constitution of India,” Justice Sarin added.

Disposing of the petition without expressing opinion on the veracity of the contents of the petition and submissions by the petitioners’ counsel, Justice Sarin directed the Hoshiarpur Senior Superintendent of Police to decide their representation dated May 31 and take necessary action as per law.

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