NEELAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant criminal writ petition has been filed by petitioner No.1 who is aged 17 years and 01 month, through petitioner No.2-Shubham who is over 25 years old under Article 226 of the Constitution of India for issuance of directions to the official respondent Nos.2 & 3 for protecting of the life and liberty of the petitioners at the hands of private respondent Nos.4 and 5.

(2.) Learned counsel appearing on behalf of the petitioners has contended that the petitioner No.1 is a minor and that the private respondent No.4(father of petitioner No.1) wants to conduct the marriage of the petitioner No.1 forcibly in an other community. It has been alleged that currently the minor is residing in a live-in-relationship with petitioner No.2-Shubham and wants to marry him in the future. However, respondent Nos.4 and 5 are threatening the petitioners.

(3.) The question which arises for consideration in the instant petition relates to striking a balance between the Constitutional right to life as enshrined under Article 21 as well as statutory obligation cast under the Juvenile Justice (Care and Protection of Children) Act 2015, in a case where a minor claims to have abandoned her guardian and approaches the Court through a self-proclaimed next friend/guardian.