LI Network
Published on: October 29, 2023 at 11:47 IST
The Punjab and Haryana High Court reaffirmed the sanctity of Constitutional Fundamental Rights under Article 21 of the Indian Constitution, asserting their precedence over the marital status of individuals.
The Court emphasized that the right to life and personal liberty is paramount in the Constitutional Scheme, mandating the State to safeguard every citizen’s life and liberty, irrespective of age or marital status.
The case involved petitioners seeking protection from private respondents who opposed their relationship and aimed to compel one of the petitioners, a minor, into a marriage with someone from a different community.
The second petitioner, although a major, was not of marriageable age. The petitioners, living together in a relationship, expressed their intention to marry when the second petitioner reaches the marriageable age. Their fears of potential harm, including the threat of violence or even murder, prompted the plea for protection.
Justice Arun Monga, presiding over the bench, unequivocally upheld the primacy of the Constitutional Fundamental Right under Article 21, irrespective of the existence or validity of a marriage between the parties. The court emphasized that safeguarding the fundamental rights of life and liberty takes precedence over the marital status of the individuals involved.
Advocate Lakhwinder Singh Lakhanpal represented the petitioners, while Advocate Dhruv Dayal appeared for the respondents in the case.
The court underscored that the controversy at hand did not revolve around the marriage of the petitioners but rather the deprivation of their fundamental right to seek protection for their life and liberty.
The Court emphasized that the State is constitutionally obligated to protect the life and liberty of every citizen, regardless of their age or marital status. It highlighted that the mere fact that the petitioners were not of marriageable age did not deprive them of their fundamental rights as envisaged in the Constitution of India.
Referring to previous legal judgments supporting the protection of individuals in live-in relationships, the Court directed the Senior Superintendent of Police to assess the threat perception faced by the petitioners and, if necessary, provide them with adequate protection for their life and liberty. This ruling not only provides immediate protection to the concerned individuals but also sets a significant legal precedent for the safeguarding of fundamental rights in similar cases.
The case titled Gurdeep Kaur & Anr. v. State of Punjab & Ors. stands as a pivotal illustration of the judiciary’s commitment to upholding fundamental rights, emphasizing the protection of life and liberty regardless of an individual’s marital status or age, setting a commendable benchmark in Indian jurisprudence.