[dropcap]T[/dropcap]he Patna High Court in an issue concerning the “illegal” confinement of a law graduate passed a judgement on Thursday, July 12, 2018, the consequence of which is to set the graduate free from the clutches of her parents. The court had taken suo moto cognisance of the case based on a news report. The facts of the case revolve around a 23-year-old girl who was put to illegal confinement by her parents for the reason that she had chosen a partner of her own choice.
The court after taking cognisance of the case had initially issued an order requesting the Registrar General of the Patna High Court to communicate with the Registrar of Chanakya National Law School, Patna — where the girl is said to have graduated from — to make a temporary arrangement for the girl to reside at their guest accommodation for a period of 15 days until the final hearing of the case.
The parents were not restricted from meeting the girl provided the girl consented to such meeting. The plea of the parents’ pertained to her being their “only daughter” and that she has been “misguided” as well as “blackmailed” to reach the decision that she has reached.
On the final hearing, by a bench comprising of Chief Justice Rajendra Menon and Justice Rajeev Ranjan Prasad, of the Patna High Court, the court had drawn a similarity between the present case and the Hadiya case describing that the above mentioned plea of the parents resembles the sentiments expressed by the parents in the Hadiya case. The High Court elaborated on the Supreme Court’s ruling in the Hadiya case which had upheld the liberty of the girl to choose a partner of her own choice as well as to move freely and make her own decisions.
The Patna High court in line with the above ruling has held that the girl being a free citizen of India is allowed to the free exercise of the constitutional rights guaranteed to her. The court at the same time notes that it is conscious of the reasons cited by the parents to resist their daughter’s wishes but this cannot override the exercise of a person’s fundamental right.
The court hence issued directions to the effect that the girl be set free to pursue the career of her choice and to move to such place as she wishes. The court also requested the Senior Superintendent of police to give her adequate protection to ensure such movement is not affected by any hindrance. And in such destination the court directed that she can claim the protection of the local police in the area.
