Minor in Live-In Relationship Deemed 'Child in Need of Care' by High Court, Protection Ordered Under Juvenile Justice Act

The Punjab and Haryana High Court has mandated the protection of a minor involved in a live-in relationship, highlighting the application of the Juvenile Justice (Care and Protection of Children) Act, 2015. The court directed the Senior Superintendent of Police (SSP) to ensure that the minor is produced before the Child Welfare Committee (CWC) and emphasized the need for appropriate measures to protect the minor's life and liberty.

The petition was filed by Parveen Kumar, aged 24, and his partner, a 17-year-old minor, seeking protection from the private respondents who are family members opposed to their relationship. The couple, asserting their right to life and liberty, moved the High Court after facing threats due to their live-in relationship. The petitioners had previously submitted a representation to the authorities but claimed no action had been taken.

The court, presided over by Justice Kirti Singh, noted the significance of ensuring the safety of minors involved in such sensitive situations. The judgment referred to the earlier case of P. Minor Through Vikram v. State of Haryana, where similar directions were issued to protect minors under the Juvenile Justice (Care and Protection of Children) Act, 2015. The court reiterated that the minor in the current case also qualifies as a "child in need of care and protection" under Section 2(14) of the Act.

The High Court ordered the SSP of the concerned district to depute a Child Welfare Police Officer to present the minor before the CWC within a week. The court directed the CWC to conduct an inquiry as stipulated under Section 36 of the Juvenile Justice Act and take appropriate measures for the minor's care and protection, including decisions regarding the minor’s living arrangements.

The court emphasized that the Juvenile Justice Act is designed to protect minors and ensure their well-being in all circumstances. By invoking the Act, the court ensured that the minor would receive the necessary care, protection, and oversight from the appropriate authorities, reinforcing the legal framework designed to safeguard children.

The judgment underscores the judiciary's commitment to protecting minors, especially in complex situations like live-in relationships. By applying the provisions of the Juvenile Justice Act, the court has set a precedent for similar cases, ensuring that minors receive the necessary protection and care. The directives issued in this case are expected to have significant implications for future cases involving minors in live-in relationships, reinforcing the legal protections available to them.

Date of Decision: 30.07.2024