State bound to protect runaway couple even if in live-in, says HC
‘Seeking One’s Protection Is Basic Right’
Ajay.Sura@timesgroup.com
Chandigarh:29.09.2020
The Punjab and Haryana high court has made it plain that a runaway couple is entitled to protection from the court even if one of them is minor and they are in a “live-in” relationship.
"Issue in hand is not marriage or their live-in relationship, but the deprivation of fundamental right of seeking protection of life and liberty. Fundamental Right under Article 21 of constitution of India stands on a much higher pedestal. Being sacrosanct under the constitutional scheme it must be protected, regardless of the solemnization of an invalid or void marriage or even the absence of any marriage between the parties," the HC has held.
Justice Arun Monga of the HC has passed these orders while disposing of a petition filed by Hisar based couple--- the man is aged 24 and the girl 16 years and nine months old.
They claim that had to live together due to circumstances triggered by the parents of the girl, who want to marry her off to a person of their choice. They claim that they are mature enough to know what is good or bad.
Conflict raised in the case was that the enforcement of fundamental rights of the petitioners to seek protection of their "life and liberty" as enshrined under Article 21 of the Constitution of India viza-viz a non-marriageable girl as per Section 5 (iii) of the Hindu Marriage Act, 1955 deciding to be in a live-in relationship.
Hearing the petitioners, the HC observed that the mere fact that one of the petitioners is not of marriageable age in the present case would not deprive them of their fundamental right as envisaged in Constitution of India, being citizens of India.
According to HC the couple is entitled to seek protection of their life and liberty, even if it were a case of a marriage in violation of section 5 of the Hindu Marriage Act or merely a consensual relationship.
Without commenting on the legitimacy of the relationship between the petitioners, the HC has directed the SP Hisar to verify the contents of the petition, particularly the threat perception of the petitioners and complaints/representation, and if deemed fit, to take appropriate steps to provide necessary protection of their life and liberty.
HC OBSERVES
It is the bounden duty of the state as per the Constitutional obligations cast upon it to protect the life and liberty of every citizen. Right to human life is to be treated on much higher pedestal, regardless of a citizen being minor or a major
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