Punjab and Haryana High Court Disposes Writ Petition for enforcement of Fundamental Rights

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The filing of the writ was to seek the protection of “life and liberty” as enshrined under Article 21 of the Indian constitution viz-a-viz a conceded violation of Section 5 (iii) of the Hindu Marriage Act, 1955. Justice Mr Arun Monga heard and disposed of the matter of Criminal writ petition.

Facts of the Case

The petitioner No.1, a girl, born on 27.02.2000 and petitioner No.2, a boy born on 02.08.1999, as such his age is 20 years and 11 months, but not of marriageable age, are in love with each other. They decided to get married and approached their parents in this regard. However, parents of petitioner no. 1 were against their marriage.

However, they got married on 02.07.2020 at Gurudwara Guru Nanak Niwas Sahib, Village Karor Kalan, Tehsil Kharar, District Mohali according to Sikh Rites and Ceremonies. Petitioners stated that after their marriage, the private respondents No.4 to 6 had issued a death threat to them.

Moreover, the petitioners approached respondent No.2 (Senior Superintendent of Police, Sri Muktsar Sahib). They submitted a representation seeking to safeguard their life and liberty, but no action is being taken on the same.

Arguments before the Court

The learned counsel for the petitioner submits that there is a need to address the apprehension of the petitioners, which is based on the threat to their life and liberty. The issue in hand is not the marriage of the petitioners but the deprivation of a fundamental right. They sought protection of life and liberty, which is violated by respondent no. 2. Article 21 of the Indian Constitution stands on a much higher pedestal. Being protected under the Constitutional Scheme, it must be protected, regardless of the solemnization of a void or invalid marriage.

The learned counsel for the petitioners also stated that It is the bounden duty of the State as per the Constitution. Which, casts upon them obligation to protect the life and liberty of every citizen. Right to human life is to be treated on a much higher pedestal, regardless of a citizen being minor or a major.

Court’s ruling

The Court observed that petitioners are not of marriageable age in the present case. Nevertheless, it would not deprive them of their fundamental right, as envisaged in the Constitution of India. The Senior Superintendent of Police, Sri Muktsar Sahib, is directed to verify the contents of the petition particularly the threat perception of the petitioners and after that provide necessary protection qua their life and liberty if deemed fit.

This order would neither be treated as a stamp of this Court qua marriage of the petitioners nor any reflection on the merits of the contentions raised by them in the present petition. The Court disposed of the criminal writ petition.


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