Punjab & Haryana HC Directs Police Protection For Minor Girl Harassed By Her Father For Refusing Marriage With Old Man
The Punjab and Haryana High Court granted interim protection to a minor girl who was beaten with iron rods and evicted from her house by her father for refusing to marry an old person against her wishes.
The Court in its capacity as parens patriae directed the Senior Superintendent of Police to consider the representation made by the minor girl and her family friend (petitioners), at whose place she was staying and seeking shelter. The Bench stated that the protection was to be granted "in case there is any threat perception to the petitioners at the hands of private respondents, to act in accordance with law and if need be.”
A Single Bench of Justice Manisha Batra observed, “Considering the aforesaid circumstances and the fact that Petitioner No.2 is a minor and has approached the Court, it becomes incumbent upon the Court in its capacity as parens patriae to examine what is best in the interest of the minor and it is deemed appropriate to direct Respondent No.2 to take all steps.”
Advocate Harmanpreet Singh represented the petitioners, while Sr. DAG Ruchika Sabherwal appeared for the respondents.
The petition, filed under Article 226 of the Constitution, sought the intervention of the Court to protect the minor girl, who had been evicted from her home by her father for refusing to marry an older person which was against the wishes of her family. Following her refusal, the minor was subsequently beaten up by her father and other family members, who used iron rods for the same.
The minor thus started living with the family friend and his mother. Apprehending danger to their lives and liberty, they made a representation to the police, but the same was not taken into consideration.
“Without expressing any opinion on the merits of the matter, the present petition is disposed of with a direction to Senior Superintendent of Police…to consider the aforesaid representation…given by the petitioners and in case there is any threat perception to the petitioners at the hands of private respondents, to act in accordance with law and if need be, to provide them interim protection,” the Court held.
Consequently, the Court directed the State to ensure the protection of the lives and liberty of the minor girl and her family friend at the hands of the family members of the minor.
“A compliance report be furnished by the Child Welfare Committee to this Court within a period of two months from the receipt of a copy of this order,” the Court ordered.
Accordingly, the High Court disposed of the petition.
Cause Title: XYZ v. State of Punjab & Ors. (Neutral Citation: 2024:PHHC:080717)
Appearance:
Petitioners: Advocates Harmanpreet Singh and Samanpreet Kau
Respondents: Sr. DAG Ruchika Sabherwal
