Libertatem Magazine

Balance Between Individual Freedom And Social Norms: Integral Feature Of Constitutional Philosphy

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Punjab and Haryana High Court, in its recent decision in Laltesh Kumari v. State of Haryana, decided on 18th December, 2015 by Justice Rameshwar Singh Malik granted protection to  the Petitioners. The Court stated that Art. 21 which enshrines the Right to life and liberty, must be protected. In the present case, the Petitioners, allegedly of marriageable age, eloped and got married. The private respondents did not accept this marriage and resorted to illegal means. Therefore, the Petitioners asked for protection from the State as they were apprehending imminent danger. The Court while granting protection to the petitioners, also stated that young citizens like Petitioners should think twice before performing such acts. The Court also stated that individual freedom being subjected to time- tested and established social norms is also an important part of the constitutional philosophy.

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