Right to Life and Liberty of Young Couples – Police Cannot Register FIR Merely on Account of Child Marriage Allegations

Case Name: Elaichi and Another v. State of Punjab and Others

Citation: LPA No. 385 of 2016

Date of Judgment: 16 May 2016

Bench: Justice Mahesh Grover and Justice Lisa Gill (DB)

Held: The Punjab and Haryana High Court held that while questions regarding the validity of marriage in cases involving minors may be examined by the competent authority, the right to life and liberty under Article 21 of the Constitution extends even to minors. Observations made by the Single Judge directing registration of a case under the Prohibition of Child Marriage Act, 2006 against a young couple were set aside, as they detracted from the protection of their fundamental rights.

Summary: The appellants had approached the High Court seeking protection to their life and liberty after marrying against parental wishes. The Single Judge, while granting protection, had noted that one of the petitioners was under 21 years and directed the police to register a case under the Prohibition of Child Marriage Act, 2006. On appeal, the Division Bench observed that such directions overshadowed the very relief sought, since the petition was based on apprehension of threat to life and liberty. Referring to precedents such as Fiaz Ahmed Ahanger v. State of J&K and Vivek Kumar @ Sanju v. State (Delhi HC), the Court reiterated that even minors have the right to protect their person and liberty, and that falling in love or choosing to live with someone is not an offence. It stressed that forcing minors to face police investigation in such circumstances could conflict with their constitutional rights.

Decision: The Division Bench set aside the observations of the Single Judge directing registration of a criminal case, clarified that the order should not be construed as a precedent for filing LPAs against orders under Section 482 CrPC, and disposed of the appeal.