Right to life trumps marriage age: Allahabad HC protects couple, says fundamental rights are sacrosanct
The Allahabad High Court has granted protection to a couple facing threats from the woman's family, ruling that the right to life under Article 21 of the Constitution stands on a higher pedestal than statutory marriage age requirements. The court's July 1 order, issued by Justice Dr Gautam Chowdhary, directed that no person shall interfere with the couple's peaceful living, even though the groom is below the marriageable age of 21.
The woman, aged about 23, married a man aged about 20. The couple approached the court seeking protection from alleged harassment and threats by the woman's father, who opposed the marriage. The couple's counsel informed the court that the woman had conceived, and the family members were angered, posing a serious danger to their lives.
The State opposed the petition, arguing that since the husband had not attained the marriageable age under the Hindu Marriage Act, 1955, the marriage was void under the Prohibition of Child Marriage Act, 2006. However, the court noted that Section 12 of the Prohibition of Child Marriage Act declares a child marriage void only in specific circumstances such as kidnapping, force, deceit, trafficking, or sale of the minor, none of which were alleged in this case.
The court further observed that the woman being a major (over 18), and there being no complaint by the boy's guardian, the State's objections were premature and misconceived. “The issue before the court was not the validity of the marriage but the protection of the couple's fundamental rights,” the order stated.
Emphasising the primacy of Article 21, the court said: “The constitutional fundamental right under Article 21 stands on a much higher pedestal. Being sacrosanct under the Constitutional Scheme it must be protected, regardless of the solemnisation of an invalid or void marriage or even the absence of any marriage between the parties.”
The court directed the couple to register their marriage within two months under the U.P. Marriage Registration Rules, 2017, failing which the protection would automatically cease. It clarified that it has not adjudicated on the validity of the marriage or the genuineness of the marriage certificate or the correct ages of the petitioners. The order also stated that it does not protect the couple against any lawful action instituted against them.
The couple has been directed that if they face any disturbance, they may approach the Senior Superintendent of Police or Superintendent of Police concerned, who must examine the complaint and provide immediate protection.
