Minors eloping to marry not an offence: High court
CHANDIGARH
: Desiring to marry the person a girl loves is not an offence even if she is below 18, the Punjab and Haryana high court has ruled in a clear message to people supporting killings in the name of honour.
The court asked police to provide protection to couples, who have got married against the wishes of their parents, in its common order. The ruling came in response to different petitions from couples, including minors, seeking police protection from their parents and relatives.Justice
Mahesh Grover of the vacation bench observed a young girl in love has two courses available to marry with the consent of her parents or to wait for attaining the age of 18.
"A father has no right to forcibly marry off his daughter, who is even below 18 years against her wishes. Neither he has right to kill her because she intends to marry out of her religion," said the judge on October 15.
"If a girl around 17 years of age runs away from her parents' house to save herself from the onslaught of her father and relatives and joins her lover or runs away with him, it is no offence either on the part of the girl or on the part of the boy with whom she ran away and married."
The HC referred to various Supreme Court judgments and observed if parents do not agree to such alliances, the couple has a right to protect themselves.
The court has been flooded with petitions from couples even during the vacation period due to rampant killings in the name of honour in Haryana.
The vacation bench received 20 pleas from couples' daily seeking police protection. They accounted for 80% of cases the bench heard during this period.
In majority of cases, girls have filed petitions fearing threats to their lives for marrying boys of their choice.
"During vacations, only one judge sits in the bench to hear petitions like habeas corpus or similar matter involving urgency," said a HC official.
The HC had in July 2012 empowered all district and sessions judges along with the district administrations to protect couples, who have married against their parents wishes.
Despite this, Chandigarh is still a favourite destination for them as they are scared of approaching district courts in their native areas.
Minors eloping to marry not an offence: High court - The Times of India