The main legal point established in the judgment is the court's duty to ensure the protection and welfare of minors in accordance with the statutory framework under the Juvenile Justice Act, while also upholding their fundamental right to life and liberty under Article 21 of the Constitution of India.

JUDGMENT

Vinod S. Bhardwaj, J.

The question which arises for consideration in the instant batch of petitions relates 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.

2. The instant batch of petitions deals with such issues where this Court has been approached by invoking its writ jurisdiction to seek protection of life and liberty apprehending threat to the same and where it is alleged that the natural guardians are wanting to impose their own will over the will of the minor.

3. Before adverting to the merits of the controversy, the facts of each case are being referred to in brief:

CRWP-2139-2022, P..... Minor Through Vikram Vs. State of Haryana & Ors:

3.1 The petitioner, who is aged 16 years and 5 months, has filed the above said writ petition through one Vikram aged 28 years, seeking a writ in the nature of Mandamus to protect her life and liberty as also that of her friend Vikram, wherein, it has been categorically pleaded that the minor is staying with her friend namely Vikram and that even though she wishes to stay further, however, parents of the minor want to marry her with an older boy without her consent. It is alleged that her friend Vikram was also given beatings by her family members and that she is in a live-in-relationship with her next friend Vikram. Protection has been claimed by the petitioners invoking Article 21 of the Constitution of India

CRWP-2140-2022 Satvir Singh & Anr Vs. State of Haryana & Ors:

3.2 The instant petition has been filed by Satvir Singh, who is a major aged 21 years and one minor L..... Kaur aged 17 years through Satvir Singh. The petitioners have prayed for issuance of directions to protect their lives and liberties, which is alleged to be in danger at the hands of respondent Nos. 4 to 9, as the petitioners want to marry with each other, despite stiff opposition from the family members of the minor. It is alleged that the intimacy between the petitioners was not appreciated and was to the dislike of the parents of the minor and they had started making efforts to marry her elsewhere in a hasty manner, with a person of their own choice, who is much older in age than the minor. As the minor has not attained the marriageable age, she claims to have come to live with petitioner No.1 and thus claim to be in a hiding to save their lives.

CRWP-2250-2022, P.... Kaur Vs. State of Punjab & Ors:

3.3 The instant petition had been filed by minor through her friend Reeta for seeking protection as she claims to be residing with Reeta, who is mother of Robin Masih and that the minor claims to have a liking for Robin Masih, the son of Reeta, the self-proclaimed guardian. Eventually, the parents of the minor got registered a case bearing FIR No.55 dated 06.05.2021 under Section 366 IPC registered at Police Station Sadar Gurdaspur against Robin Masih. Prayer was thus made for seeking protection of life and liberty of the petitioner as also that of her guardian invoking Article 21 of the Constitution of India.

4. Respondent-State(s) had already been served with an advance copy of the petition(s). Hence, it was averred by the counsel(s) representing the State that the factual aspects not being controvertible and the issue being legal, no formal notice is required and hence advanced arguments.

ARGUMENTS OF PETITIONERS:

5. While reiterating the averments contained in the petitions, counsel appearing on behalf of respective petitioners submitted that solemnization of marriage is not a pre-requisite for seeking protection of life and liberty once such an apprehension exists, a person would be entitled to claim protection of her rights guaranteed under Article 21 of the Constitution of India. The said right cannot be confined or denie