The Punjab & Haryana High Court while granting protection to the minor girl held that the mere fact that the girl(petitioner) is not of marriageable age would not deprive her of the fundamental right as envisaged in the Constitution, being a citizen of India.
Mamta & Anr v. State of Punjab & Ors.
The Bench of Justice Harnaresh Singh Gill observed that the State is bound to perform its Constitutional obligations caste upon it to protect the life and liberty of every citizen.
The petitioners are a couple, where the girl is 17 years ten months old while the boy has attained the majority. The couple is willing to marry each other upon girls reaching the age of majority. The couple has been living together in a live-in relationship. However, the family of the boy are against the relationship and are making a threat to the couple. Hence the boy moved to the police seeking protection.
The petitioners submitted that they have been living in constant fear and apprehension that the boy’s family might catch them and go to the extent of murdering them.
The court held that the couple is to be treated as citizens of the country, thereby granting them protection. The fact that the girl is not of the marriageable age is not a deterrent to ensure the protection of life and liberty.
