Punjab and Haryana High Court affirms minors' rights, orders protection for girl opposing forced marriage

Saurabh Malik

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Chandigarh, June 15

Affirming that the minors are entitled to the same fundamental rights as adults under the Constitution of India, the Punjab and Haryana High Court has made it clear that right to human life is paramount and must be upheld regardless of age.

The assertion came as a vacation Bench of the high court came to the rescue of a minor claiming that her family was trying to marry her with an “old” man without her consent.

Among other things, the high court directed Child Welfare Committee to take appropriate decision regarding the minor’s boarding and lodging, besides conducting an inquiry into “all issues relating to and affecting safety and wellbeing of the child/minor”.

“It is the bounden duty of the State as per the constitutional obligations casted upon it to protect the life and liberty of every citizen. Right to human life is to be treated on much a higher pedestal, regardless of a citizen being minor or a major. The mere fact that the petitioner is minor in would not deprive her of the fundamental right as envisaged in Constitution of India, being citizen of India,” Justice Harsh Bunger of the high court asserted.

Justice Bunger’s order comes as an assurance to the minors, facing similar threats, that their rights are protected and wellbeing ensured regardless of their minor status. The order reinforces the principle that every child has a right to live free from fear and coercion.

As the matter came up for preliminary hearing, Justice Bunger’s Bench was told that the minor was beaten and pressured to marry the old man chosen by her parents, following which she ran away from her parental house on June 2 and had eventually taken refuge in a friend’s house.

The state counsel, on the other hand, submitted that Ferozepur Senior Superintendent of Police would look into the minor’s representation before taking necessary action in accordance with law.

Justice Bunger asserted the minor would appear or be produced by her friend in the office of Ferozepur SSP within three days, failing which the officer would depute a child welfare police officer to produce her before the committee constituted under the Juvenile Justice (Care and Protection of Children) Act, within a week thereafter.

The committee would then conduct an inquiry before passing appropriate order under by associating all the stakeholders and ensuring that the objects of the Juvenile Justice Act were well served. Ferozepur SSP was also directed to take appropriate steps regarding threat perception to the petitioner, her friend and his family.