Punjab & Haryana HC Directs Child Welfare Committee Inquiry Into Case Of Minor Escaping Forced Arranged Marriage To An Elderly Man
The Punjab & Haryana High Court directed the Child Welfare Committee to conduct an enquiry into a case where a minor escaped a forced arranged marriage to an elderly man.
The Court was hearing a Writ Petition seeking a writ in the nature of Mandamus to protect the life and liberty of the minor from the hands of her parents and family members.
The bench of Justice Harsh Bunger directed, “The Child Welfare Committee shall take appropriate decisions with respect to the boarding and lodging of the minor and also to conduct enquiry on all issues relating to and affecting safety and well being of the child/minor.”
Advocate Dheeraj Kumar appeared for the Appellant and AAG Kunwarbir Singh appeared for the Respondent.
Brief Facts-
The petitioner, a 15-year-old minor, is staying with her friend Suraj Kumar after escaping an attempted forced marriage to an elderly man arranged by her parents. She opposed the marriage and was beaten and pressured by her family. She managed to flee her home and sought refuge with Suraj Kumar. Despite seeking help from the local police, no action was taken. Her family threatened Suraj Kumar's family and anyone assisting her. A representation for protection was filed, but no action has been taken. The petitioner filed a petition with the Court seeking protection.
The Court observed, “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. The mere fact that the petitioner is minor in the present case would not deprive her of the fundamental right as envisaged in Constitution of India, being citizen of India.”
The Court mentioned the decision of the coordinate bench in a batch of writ petitions (CRWP No.2139 of 2022, CRWP No.2140 of 2022 and CRWP No.2250 of 2022; decided on 28.03.2022), where the Court considered the question relating to striking a balance between the constitutional right to life as enshrined under Article 21 as well as statutory obligation cast under the Juvenile Justice (Care and Protection of Children) Act, 2015, in a case where a minor claims to have abandoned her guardian and approaches the Court through a self proclaimed next friend/guardian. The Court quoted, “The enunciation of statutory framework in the nature of Juvenile Justice (Care and Protection of Children) Act 2015 and Protection of Children from Sexual Offences Act does not run contrary to the provisions enshrined under Article 21 of the Constitution of India. Protection of life and liberty guaranteed to a citizen necessarily ensures that the Court of law, when approached, would step into the shoes as a guardian of such minor and take all such steps as are essential to protect the life and liberty of such a minor.”
The Court further quoted, “The Court cannot be oblivious to the duty cast upon it as a repository of the best interest of the minor and there can be no presumption that once a minor conveys his/her desire to stay with any person and that such person claims to be the next friend/de facto guardian, the same would actually and in reality be in furtherance of the best interest of the minor. Determination of what would be in the best interest of the minor has to be done by the Court as per the procedure known to law.”
The Court directed the minor to appear or be produced by her friend Suraj Kumar in the office of the Senior Superintendent of Police, failing which, the Court directed that the concerned Senior Superintendent of Police shall depute a Child Welfare Police Officer to produce the minor/child before the Committee constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015.
Accordingly, the Court disposed of the Writ Petition.
Cause Title: X v. State of Punjab (Neutral Citation: 2024:PHHC:079590)