States need to be reminded to address the threat of child marriage: Punjab and Haryana High Court

Hearing petitioners’ petition for protection under the age limit for marriage, Punjab and Haryana High Court recently refused to face them with protection and the auto petition. it was rejected on the grounds that the issue of eliminating the threat of child marriage should be considered by the state.

The Manoj Bajaj Court heard the allegation of a man who was born in Daya Ram [Petant # 1/20 years and 2 months] and Reenu [Petant # 2/14 years and 8 months] and claimed that they knew each other. They fell in love for years and over time, but Reenu’s parents resisted their relationship. The girl left home and contacted the boy on June 1, 2021, and decided to live together in a relationship until they reached the age of marriage.

She learned that the girl’s parents would not forgive them because they received constant threats, they sent a complaint to the police inspector Sirsa, which did not provoke any reaction from the official respondents, since no protection has been granted so far, the petitioners turned to this Court to issue the necessary instructions.

The court emphasized that the girl / Reenu was only 14 years old and 8 months underage. In addition, with reference to Independent Thought versus Union of India and other, (2017) 10 Supreme Court Cases 800, the Court found that the adverse effects of child marriage had been thoroughly analyzed by the Supreme Court.

In addition, upon considering the facts, the Court found that the allegation of cohabitation due to the aversion to baldness may not be sufficient to prove that they are actually in a relationship just because the two adults have been living together for a few days.

Eventually, the court ordered the Senior Police Superintendent Sirsa to delegate a police officer in charge to ensure that custody of the minor is returned to her parents after consultation with the Rajasthan State Police. Criminal law provisions are in effect under the Child Marriage Prohibition Act 2006, but child marriages are entered into in violation of the provisions of that law.

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