Minor Elopes, Court Steps In: P&H High Court Routes Protection Plea Through Child Welfare Mechanism
Case Name: Jxxxx (Minor) through next friend Gurmeet Singh v. State of Punjab & Ors.
Date of Judgment: 18 March 2026
Citation: CRWP-3045-2026
Bench: Justice Mandeep Pannu
Held: The Punjab & Haryana High Court held that where a minor seeks protection of life and liberty, such cases must be addressed through the statutory framework of the Juvenile Justice (Care and Protection of Children) Act, 2015, by producing the minor before the Child Welfare Committee, which is competent to determine custody, safety, and welfare.
Summary: The petition was filed under Article 226 of the Constitution seeking protection of life and liberty of a 16-year-old minor girl from her family members, who were allegedly forcing her into marriage against her will. As noted the minor had left her home and approached the Court through her next friend.
The petitioner submitted that she intended to marry a person of her choice upon attaining majority, but her family opposed the relationship and sought to compel her into another marriage. Apprehending danger to her life and liberty, she submitted a representation to the Senior Superintendent of Police but alleged inaction by authorities.
The High Court referred to its earlier decision in P…. Minor Through Vikram v. State of Haryana, wherein detailed guidelines were issued for handling protection petitions involving minors. The Court reiterated that such minors fall within the category of “child in need of care and protection” under the Juvenile Justice Act.
It was emphasized that the appropriate course is not to grant direct protection orders alone, but to ensure that the minor is produced before the Child Welfare Committee, which is empowered to conduct an enquiry under Sections 36 and 37 of the Act and pass appropriate orders regarding custody, safety, and rehabilitation.
The Court also underscored the role of police authorities in such cases, directing that a Child Welfare Police Officer be deputed and necessary steps be taken to address any threat perception to the minor.
Decision: The petition was disposed of with directions to the petitioner to appear before the Senior Superintendent of Police, who shall ensure that the minor is produced before the Child Welfare Committee within a week. The SSP was also directed to consider the petitioner’s representation regarding threat perception and ensure her safety.