Every citizen is entitled to protection of life & liberty as basic fundamental right, however, such liberty is always circumscribed by provisions of law: P&H HC

Read Order: Husan Bano and Another v. State of Punjab and Others

Monika Rahar

Chandigarh, January 6, 2022: While considering a protection plea of a married couple, where the boy was under marriageable age, the Punjab and Haryana High Court has held that every citizen is entitled to the protection of life and liberty under Article 21 of the Constitution of India, however; such liberty is always circumscribed by the provisions of law.

The Bench of Justice Amol Rattan Singh further opined that if any cognizable offence is found to be made out, naturally, the police can take cognizance of such offence and proceed with the matter accordingly, while otherwise ensuring protection of the life of the persons concerned.

 This observation was made when the petitioners’ counsel argued that although the second petitioner (claimed to be 19 years of age) was under marriageable age, yet being a Muslim, he was governed by Muslim Personal Law which allowed any person above the age of puberty to get married. 

The Court observed that the petitioner’s counsel had not been able to show any provision in the Prohibition of Child Marriage Act, 2006, which carves out a distinction in favour of any community, by which any member of such community can get married at an age below the legally marriageable age as prescribed under the provisions of the said Act.

The petitioner’s counsel also claimed that the first petitioner was 22 years old. He cited the conduct of an ossification test in this regard. However, the State counsel pointed to her school certificate to claim that she was 17 years and about 3-1/2 months on the date of the marriage. On this, the Bench opined that it was a well-settled proposition that an ossification test cannot be taken to be an accurate measure of a persons’ chronological age, with there being a margin of two years (plus or minus) from the age shown in such test.

Therefore, the official respondents were directed to protect the life and liberty of the petitioners as per law, but at the same time, the Bench made absolutely clear that this order would not bar proceedings under the Prohibition of Child Marriage Act, 2006, all offences committed under that Act being cognizable in terms of Section 15 thereof.