Chandigarh, June 24
The Punjab and Haryana High Court wants the state to evolve a “compassionate” mechanism for redressing the grievances of runaway couples and their parents.
Not divorced to the reality of suicide pacts and honour killings, it has even asked the home secretaries of Punjab, Haryana and Chandigarh to inform the court on the system they intend to develop for preventing the couples from being chased around and the parents from sobbing their hearts out.
The court has also made it clear that “Society has to insulate these couples”.
In first of its kind order on the issue, Justice K.S. Ahluwalia has ruled: “Marriage is a solemn affair. If the young couples, to protect their marriage, which is sacred, go to the chambers of advocates, and at a very young impressionable age are confronted by the clerks of the advocates and staff of the court, it is not a good beginning.
“Couples hiding themselves in the corridors of the court, chased by the parents accompanied by musclemen armed with weapons, is not the answer which they seek by performing marriage”.
Clarifying the legal position, Justice Ahluwalia has asserted: “I have before me number of young married couples, who, stuck by cupid’s arrow, have exchanged vows of marriage and promise of living together, and are running from pillar to post chased by the musclemen or the police.”
“The law permits these couples, who have eligibility of age on their
side, to start their matrimonial lives and perform their marriage”. The Judge added that the filing of petitions by the couples was also adding to the backlog.
“In summer vacations, I am holding the court to decide anticipatory bail applications and habeas corpus petitions. Out of 26 matters listed before me, 10 matters pertain to marriage of young people aged between 18 and 21…” “The scene is no different on other days when the court is functioning and deciding the cases regularly...When the arrears of cases are mounting, the High Court is flooded with petitions, where a number of judges of this court have to answer the question of right of life and liberty to the newly married couples”. Stressing on the need for state intervention, Justice Ahluwalia has stated: “Time has changed now, but the response of the state has not changed….
The state is a mute spectator. When shall the state awake from its slumber, till how long state shall elude permanent solution, and till how long the courts can provide solace and balm by disposing such cases - are questions which are begging answers…
“Happy family life, social harmony, amicable and cordial neighbourhood should be the concern of the state and society. The courts alone cannot change the mindset”.
Before parting with the orders, the Judge added: In the present times, world has become a global village. We have television channels of the whole world on the remote control of the children, who have attained maturity or are near the age of maturity, who are conscious of their rights, who want to write their own destiny, yet the orientation of society is medieval….
“Time has come for the state to speedily evolve compassionate mechanism to redress the grievances of the young couples and their parents”.
