Petitioners Not Being Of Marriageable Age Will Not Deprive Them Of Right Under Article 21: P&H HC Grants Police Protection To Live-In Couple
The Punjab and Haryana High Court held that the Constitutional Fundamental Right under Article 21 of the Constitution of India stands on a higher pedestal and must be protected regardless of the marital status of the individuals involved. The court emphasized that the right to life and personal liberty is sacrosanct under the Constitutional Scheme and it is the duty of the State to protect the life and liberty of every citizen, whether minor or major.
The petitioners in this case were seeking protection of their life and liberty as they feared threats from private respondents (parents/relatives) who opposed their relationship and intended to force petitioner No.1 into a marriage with someone from another community. Petitioner No.1, a minor, and Petitioner No.2, a major but not of marriageable age.
A Bench of Justice Arun Monga said, “I have no hesitation to hold that Constitutional 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.”
Advocate Lakhwinder Singh Lakhanpal appeared for the Petitioners and Advocate Dhruv Dayal appeared for the Respondents.
The petitioners have been living together in a relationship and wish to get married when petitioner No.2 attains the marriageable age. The parents of petitioner No.1 and private respondents No.4 to 11 have been threatening the petitioners, and there was an apprehension that they might face harm, even to the extent of murder.
The Court acknowledged the issue and said, “Controversy that needs adjudication now thus is whether an appropriate writ/direction or order is warranted to allay the apprehensions of the petitioners for granting protection to them for enforcement of their fundamental rights under Article 21 of the Constitution of India. The issue in hand, however, is not marriage of the petitioners, but the deprivation of fundamental right of seeking protection of life and liberty.”
The Court emphasized that regardless of the marital status of the petitioners, their right to life and personal liberty must be protected. The Court added, “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 higher pedestal, regardless of a citizen being minor or a major. Mere fact that petitioners are 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.”
It cited previous judgments and legal precedents that supported the protection of individuals in live-in relationships, even if not legally married.
Therefore, the Court directed the Senior Superintendent of Police, (Rural) Amritsar, District Amritsar, to verify the threat perception faced by the petitioners and provide necessary protection for their life and liberty, if deemed necessary.
Cause Title: Gurdeep Kaur & Anr. v. State of Punjab & Ors., [2023:PHHC:127449]
Click here to read/download Order