Punjab and Haryana High Court: In a petition filed by the petitioner-minor seeking to protect her life and liberty from the hands of Respondents 4-8 (family members of the minor), Harsh Bunger, J., stated that it was the bounden duty of the State as per the Constitutional obligations casted upon it to protect the life and liberty of every citizen. The Court stated that the Child Welfare Committee should conduct an enquiry contemplated under Section 36 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘JJ Act’) and pass an appropriate order, ensuring that the objectives of the JJ Act were well served. The Court stated that the Child Welfare Committee should take appropriate decisions with respect to the boarding and lodging of the minor and to conduct enquiry on all issues relating to and affecting safety and well-being of the child/minor. During the pendency of such adjudication and passing of orders under JJ Act, the Committee should also take appropriate interim measures/decisions regarding custody of the child in need of care and protection.
Background
The petitioner-minor was fifteen years old and was staying with her friend, who came to rescue when the respondents were trying to marry the minor with an old, aged man, without her consent. Minor was opposed to her marriage with an old man chosen by her parents, after which she was given beatings and was pressurized to marry the respondents. After getting the opportunity, the minor ran from her parental house on 02-06-2024 and since then she had been running from pillar to post to save her life and had lastly taken refuse at the house of her friend.
It was alleged that the respondents raided the house of minor’s friend and threatened his family members and gave threats to implicate any person who helped the minor in a false criminal case. Thus, the minor through her friend had filed the representation dated 03-06-2024 to the Senior Superintendent of Police and the Station House Officer, seeking protection of their lives and liberties at the hands of Respondents 4 to 8. However, no action had been taken thereupon, so far.
Analysis, Law, and Decision
The Court stated that it was the bounden duty of the State as per the Constitutional obligations casted upon it to protect the life and liberty of every citizen. Right to human life was to be treated on much higher pedestal, regardless of a citizen being minor or a major. The mere fact the petitioner was minor would not deprive her of the fundamental rights as envisaged in the Constitution. The Court relied on P. v. State of Haryana, CRWP 2139 of 2022, decided on 28-03-2022, wherein the Court had considered the question relating to striking a balance between right to life under Article 21 of the Constitution and JJ Act in a case where a minor claims to have abandoned her guardian and approaches the Court through a self-proclaimed next friend/guardian.
Thus, the Court stated that the minor should appear to be produced by her friend in the office of Senior Superintendent of Police, Ferozepur (‘SSP’) within a period of three days, failing which, the SSP should depute a Child Welfare Police Officer to produce the minor/child before the Committee constituted under the JJ Act within a period of one week. The Committee should conduct an enquiry contemplated under Section 36 of the JJ Act and pass an appropriate order, ensuring that the objectives of the JJ Act were well served.
The Court stated that the Child Welfare Committee should take appropriate decisions with respect to the boarding and lodging of the minor and to conduct enquiry on all issues relating to and affecting safety and well-being of the child/minor. During the pendency of such adjudication and passing of orders under JJ Act, the Committee should also take appropriate interim measures/decisions regarding custody of the child in need of care and protection. The SSP should take appropriate steps as warranted by law in respect of the threat perception to the minor and her friend, and to ensure that the minor, her friend and his family members were protected from the physical harm at the instance of Respondents 4-8. The Child welfare committee constituted under the JJ Act should send a compliance report to the present Court.
[X v. State of Punjab, 2024 SCC OnLine P&H 5460, Order dated 06-06-2024]
Advocates who appeared in this case :
For the Petitioner: Dheeraj Kumar, Advocate;
For the Respondents: Kunwarbir Singh, AAG, Punjab.
Buy Constitution of India HERE
