Not only the customary, moral and ethical values of our heritage are being destroyed but even the parameters of law are also being flouted in a very casual manner.
In a landmark case that underscores the evolving legal challenges in India, the Punjab and Haryana High Court is contemplating the establishment of a Standard Operating Procedure (SOP) for addressing protection petitions filed by runaway couples. This development follows a high-profile case involving a same-sex couple and a dispute over the age stated on Aadhaar cards.
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Last month, a 21-year-old woman petitioned the high court, demanding the release of her 19-year-old same-sex partner from the latter’s parental custody. The petitioner alleged that her partner was subjected to physical abuse by her parents and was being coerced into an arranged marriage. Central to her plea was the age of her partner, which she claimed to be 19, as per the date of birth on her Aadhaar card. However, the partner’s parents contested this, presenting a different Aadhaar card that suggested she was a minor.
During the hearings, the court determined that the girl was indeed a minor. Justice Sandeep Moudgil, in an order, highlighted the case as a “glaring example” where “not only the customary, moral and ethical values of our heritage are being destroyed but even the parameters of law are also being flouted in a very casual manner.”
The court noted the increasing number of petitions from runaway couples, often involving legal age disputes. On average, 80-90 such petitions are filed in the high court every month. These petitions typically arise after marriages or live-in relationships are formed, sometimes involving individuals below the legal age for marriage.
The court expressed concern over these petitions being filed directly in the high court without adequate police intervention. “This precarious situation needs to be dealt with,” the court observed, emphasizing the urgent need for law enforcement agencies to respond effectively to such situations, especially where protection of life and liberty is at stake.
In response to this growing trend, the court has sought assistance from the advocate generals of Punjab and Haryana, as well as the lawyer for the Chandigarh Union territory. The focus is on whether an SOP exists or can be established for law enforcement agencies to handle such cases more effectively.
The court stressed that such a mechanism is the “need of the hour,” acknowledging the increasing number of petitions from couples residing in other states but seeking protection from the Punjab and Haryana High Court. This move by the court could pave the way for more structured and efficient handling of similar cases in the future, ensuring that the legal system adapts to the changing societal norms and challenges.
