Create portal for runaway couples to file plaints: HC

Saurabh Malik

Tribune News Service

Chandigarh, December 24

In an order liable to change the way runaway couples approach the police for protection, the Punjab and Haryana High Court has made it clear that a portal was required to be created by Punjab and Haryana to register their complaints without physical presence.

Justice Avneesh Jhingan also made it clear that Punjab, Haryana and Chandigarh, were required to provide legal assistance to couples, adding that it would also be appropriate for both the states and the UT to ensure adoption of a standard procedure by religious places for getting the marriages solemnised.

Justice Jhingan added proper record of the marriages was required to be maintained and certificates issued. Rapping Punjab for not doing enough, Justice Jhingan added a lot of work was required to be done. The matter was pending in the high court since March and it was high time for the state to take effective steps.

“A number of petitions still being received from both the states is an indicator that effective working of the steps claimed to be taken has not reached the grassroots level as yet. It is expected that the portal and apps would be made operational by both the states at the earliest and would be given due advertisement,” Justice Jhingan added.

In his detailed order, Justice Jhingan asserted Article 21 bestowed the Right to Life and Liberty. The endeavour was to ensure that a person alleging violation of right to life and liberty was not made to run to the high court at the first instance. It was undoubtedly the court’s duty to ensure that the citizen’s fundamental rights were protected. But travelling all the way from their districts to Chandigarh, apart from other issues, exposed such couples to perils.

In most of these cases, the couple hesitated from approaching the police station apprehending the exposure of their presence to their parents and relatives. As such, cooperation and efforts of departments, such as the police and social welfare, were required for ensuring redressal of their grievances at the earliest, if not at their doorstep. Justice Jhingan added the issue being dealt with was social, requiring to be handled with care. The balance between social responsibility and legal right was to be maintained. Providing protection was an interim measure and could not continue lifelong. “It is ultimately counselling and mediation between the affected parties, which will ensure that there is a redressal of root cause,” Justice Jhingan observed.