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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Prakash Gupta, Uma Shanker Vyas, JJ.
Pokhar - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Habeas Corpus Petition No. 332 of 2021
Decided On : 29-11-2021
HABEAS CORPUS - DETENTION OF ADULT - The court ruled that the alleged detenue, being a major, has the right to make her own choices regarding her residence and cannot be compelled to return against her wishes. The court emphasized the importance of personal autonomy for adults in its decision, leading to the dismissal of the habeas corpus petition.
Fact of the Case:
The alleged detenue D. was produced before the court by police personnel, who confirmed her identity. She stated that she is 20 years old and does not wish to go with the petitioner.
Finding of the Court:
The court found that D. is a major and, respecting her wishes, concluded that she cannot be considered to be in illegal detention.
Issues: Whether the alleged detenue D., being a major, is in illegal detention and whether she can be compelled to go with the petitioner against her wishes.
Ratio Decidendi: The court held that an adult has the right to choose where to live and with whom, and cannot be forced to reside against her will, thus affirming her autonomy.
Result: The habeas corpus petition was dismissed, allowing the alleged detenue D. to exercise her freedom of choice.
JUDGMENT
1. Today alleged detenue D. has been produced before this Court by the police personnel. Her signatures have also been obtained on Court’s order sheet and she has been identified by the police personnel, who produced her before this Court.
2. Registrar (Judl.) of this Court was directed to record the statement of alleged detenue D. Pursuant thereto, he recorded the statement of alleged detenue D. and sent her statement in a sealed cover to this Court alongwith the file. The sealed envelop was opened. Her statement is taken on record.
3. In her statement, alleged detenue D. submits that she is 20 years of age and does not wants to go with the petitioner.
4. Heard learned counsel for the parties and perused the relevant material on record.
5. It is an admitted fact that alleged detenue D. is major. In view of the alleged detenue D's age, it cannot be said that she is in illegal detention.
6. Alleged detenue D. being major and honouring her wishes, she is free to go wherever she wants to go and reside with whom she wants to reside. She cannot be compelled to go and reside against her wishes.
7. The habeas corpus petition stands dismissed accordingly. A copy of this order, under the seal and signature of the
8. Assistant Registrar/Court Master, be handed over to the police personnel, who have produced the alleged detenue D. before this Court.
An adult's autonomy and right to choose their residence are paramount, and they cannot be detained against their will if they are of legal age.
A major individual has the right to choose their residence, and such wishes must be respected by the court.
The wishes of an individual who has reached the age of majority are paramount in determining the legality of their detention and residence.
The court reaffirmed that an adult woman's autonomy and right to personal liberty must be upheld, regardless of familial pressures.
Detenue had told that she is now voluntarily residing with her parents and that she wants to continue her studies and that she doesn’t want to go with petitioner.
The Court upheld the principle of individual autonomy and personal liberty, emphasizing that an adult cannot be compelled to return to a guardian against their will.
A major individual has the right to make personal choices regarding marriage and living arrangements without being subject to claims of unlawful detention.
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