HC: Age no bar for protection to runaway couples

Saurabh Malik

Tribune News Service

Chandigarh, July 9

The Punjab and Haryana High Court has made it clear that age is no bar for providing protection to runaway couples and even a minor was required to be safeguarded regardless of the marriage being invalid or void. Even in the absence of marriage, the minor was required to be protected.

The ruling came on a petition filed by a runaway couple against the state of Punjab and other respondents. Justice Arun Monga asserted the conflict raised before the court was regarding enforcement of the petitioners’ fundamental rights to seek protection of “life and liberty” enshrined under Article 21 of the Constitution viz-a-viz conceded violation of Section 5 (iii) of the Hindu Marriage Act on minimum age of bride and the groom.

Justice Monga observed that the girl was almost 27, while the boy was 20 years and eight months. They purportedly tied the knot as they were in love with each other. The issue in hand, however, was not of the petitioners’ marriage, but the deprivation of fundamental right to seek protection of life and liberty.

He asserted he had no hesitation to hold that Constitutional fundamental right under Article 21 stood on a much higher pedestal. Being sacrosanct under the Constitutional scheme, it was required to be protected, regardless of the solemnisation of an invalid or void marriage or even in the absence of any marriage between the parties.

“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 groom is not of marriageable age in the present case will not deprive him of his fundamental right as envisaged in the Constitution, being citizen of India,” Justice Monga said.