⚖️ Mehakpreet v. State of Punjab (Punjab & Haryana High Court, 14 July 2022)
CRWP-6703 of 2022 (O&M) | Hon’ble Justice Vinod S. Bhardwaj
📚 Citation: Law Finder Doc Id # 2026212
💠 Judgment Essence — “Minor in Live-In Relationship Deserves Protection of Life & Liberty”
This landmark ruling establishes that a minor’s fundamental right to life and personal liberty (Article 21) cannot be denied merely due to being under the marriageable age.
When a minor is in a live-in relationship or chooses to reside with someone, the Court must ensure protection of life and safety while applying child-protection laws under the Juvenile Justice Act, 2015 and POCSO Act, 2012.
🧭 Case Overview
👩⚖️ Petitioner No. 1, a minor girl, sought protection from threats by her relatives. She expressed her wish to continue studies and marry upon attaining majority.
The Court held that legality of marriage does not affect the constitutional right to life, dignity, and safety.
⚖️ Court’s Key Observations
✨ 1️⃣ Fundamental Right to Protection
Being underage cannot deprive any individual of their right to security under Article 21.
✨ 2️⃣ Role of the Child Welfare Committee (CWC)
Every case involving a minor must be handled by the CWC, ensuring welfare, safety, and continued education under the JJ Act, 2015.
✨ 3️⃣ No Automatic Guardianship
Offering shelter does not make one a guardian. Guardianship must be recognized under law or by a court.
✨ 4️⃣ JJ Act Complements Article 21
Sending a minor to CWC is not a restriction on liberty—it ensures lawful protection from potential abuse or exploitation.
📜 Court Directions
1️⃣ Minor to be produced before CWC through a Child Welfare Police Officer.
2️⃣ CWC to conduct inquiry under Section 36 JJ Act and issue orders under Section 37.
3️⃣ Police protection to both the minor and her next friend.
4️⃣ Petitioners to appear before SSP/SP within 3 days, else police to ensure CWC production within 1 week.
5️⃣ CWC to file a compliance report before the High Court.
📖 Authority: Law Finder Doc Id # 2026212
💬 Highlights
✅ A minor’s right to seek protection cannot be denied.
✅ CWC decides safe custody and welfare measures.
✅ POCSO makes a minor’s “consent” legally irrelevant in sexual matters.
✅ The Court ensures a balance between liberty and lawful protection.
📚 Legal References
📘 Article 21 — Right to Life & Liberty
📘 Hindu Minority & Guardianship Act, 1956 — Guardianship definitions
📘 Guardians & Wards Act, 1890 — Appointment by Court
📘 Juvenile Justice Act, 2015 — §§ 2(14)(vii)(xii), 36, 37
📘 POCSO Act, 2012 — Protection of minors under 18
🕊️ Court’s Message
“Every minor has a right to safety, dignity, and personal liberty. Courts must act as guardians of minors, ensuring both protection and compliance with child laws.”
🏛️ Important Judgments Cited
- Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755
- Ravneet Kaur v. State of Punjab, 2021 (4) RCR (Criminal) 140
- Pardeep Kumar Singh v. State of Haryana, 2008 (3) RCR (Criminal) 376
- Neetu Singh v. State (Delhi), 1999 (1) PLR 47
⚖️ Final Insight
❤️ Right to Protection – YES
🚫 Recognition of Minor Live-In as Marriage – NO
The Court ensured that minors receive both constitutional safety and legal supervision through the CWC framework.
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