PUNJAB AND HARYANA HIGH COURT: BEING BELOW MARRIAGEABLE AGE WOULD NOT DEPRIVE LIVE-IN COUPLE FROM FUNDAMENTAL RIGHT TO PROTECTION

The Punjab and Haryana High Court in the case X v. State of Punjab and Ors. observed and has made it clear that being below marriageable age would not deprive the live-in couple from fundamental right to protection as guaranteed under Article 21 of the Constitution of India.

The bench headed by Justice Arun Monga in the case observed and has stated that it is bounden duty of the State, as per the Constitutional obligations casted upon it, to protect the life and liberty of every citizen. Thus, the Right to human life is to be treated on much higher pedestal, regardless of a citizen being minor or a major.

The court stated that mere fact that the petitioners are not of marriageable age in the present case would not deprive them of the fundamental rights as envisaged in Constitution of India who being the citizens of India. In the present case, the court was hearing the plea filed by a live-in couple wherein the boy was although major but not of marriageable age.