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HARKESH MANUJA
Manisha Being Minor through Gurdeep – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
HARKESH MANUJA, J.
1. Present criminal writ petition under Article 226/227 of the Constitution of India has been filed by the petitioners praying for protection to their life and liberty at the hands of respondents No. 4 to 8.
2. Upon advance notice, Mr. Siddharth Sandhu, AAG, Punjab appears on behalf of respondents No. 1 to 3. Requisite copies of the petition have already been supplied to the respondents-State by the learned counsel for the petitioners.
3. Petitioner No. 1 claims to be about 17 years of age whereas petitioner No. 2 is major aged about 19 years. Therefore, it is not denied by the learned counsel for the petitioners that petitioners have not attained the marriageable age.
4. It is stated that the petitioners are living together and want to marry each other against the wishes of respondents No. 4 to 8. Reliance in this regard is placed upon the decision rendered by a coordinate Bench of this Court, passed in CRM-M-38667-2016 titled Baljeet Kaur and another vs. State of Punjab and others.
5. Apprehending threat to their life and liberty, petitioners have already approached respondent No. 2 by way of representation dated 15.04.2024 (Annexure P3), but to no avail.
The court affirmed that the state must protect the life and liberty of citizens, regardless of their age, and directed appropriate action in case of threats.
The right to life and liberty is fundamental and must be protected, regardless of marital status or age, especially for individuals in live-in relationships.
The court emphasized the fundamental right to life and liberty under Article 21, asserting protection for adults in a live-in relationship against familial threats, regardless of marriageable age.
The court's decision emphasized the importance of protecting the lives of individuals facing imminent threats, particularly considering specific circumstances such as age and the nature of the threat....
The fundamental rights of individuals, as envisaged in the Constitution of India, cannot be deprived solely based on the non-marriageable age of one of the parties involved in a marriage.
The duty of the State to protect the life and liberty of every citizen as per Article 21 of the Constitution.
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