Follow JJ Act to protect minor in live-in relationship: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, June 28

The Punjab and Haryana High Court has made it clear that a protection-seeking minor in a “live-in-relationship” is required to be taken care of by following the procedure provided for under the Juvenile Justice (Care and Protection of Children) Act.

Justice Vinod S Bhardwaj asserted this was to ensure the safety and protection of a minor, whom the law did not recognise as having acquired the wisdom and knowledge to take best decisions for himself or herself.

Take decision on board & lodging

The committee will conduct an inquiry before passing appropriate order and take decision regarding the minor’s board and lodging. — Justice Vinod S Bhardwaj, Punjab and Haryana High Court

Justice Bhardwaj was hearing a petition filed in the case of a minor intending to live with her “next friend” for eventually solemnising marriage with him on attaining the age of majority. Their relationship was portrayed as live-in “in the nature of marriage”.

Justice Bhardwaj asserted the court was required to ensure protection in accordance with the different statutes. The aim and object of the provisions enshrined under the JJ Act and Protection of Children from Sexual Offences Act (POCSO) was intended to protect “the person of a minor from being subjected to any such act, which is deemed penal by law”.

Justice Bhardwaj added the enunciation of statutory framework in the nature of the JJ Act and POCSO did not run contrary to the provisions enshrined under Article 21 of the Constitution.

Protection of life and liberty guaranteed to a citizen necessarily ensured that the court, when approached, would step into the shoes as the minor’s guardian and take all essential steps to protect life and liberty. It would be incomprehensible to contend or suggest that the protective scheme and procedure formulated under the JJ Act was not in furtherance of protection enshrined under Article 21.

Justice Bhardwaj added: “The court cannot be oblivious to the duty cast upon it as a repository of the minor’s best interest and there can be no presumption that once a minor conveys his/her desire to stay with any person and that such person claims to be the next friend/de facto guardian, the same will actually and in reality be in furtherance of the minor’s best interest.”

He added the minor happened to fall within the definition of child in need of care and protection. As such, the SSP/SP/Commissioner of Police of the respective district would depute a child welfare police officer to produce the child before the committee constituted under the JJ Act.