State duty-bound to protect life: Punjab and Haryana High Court

Tribune News Service

Saurabh Malik

Chandigarh, February 16

The Punjab and Haryana High Court has asserted that the times were changing fast before calling for a decisive shift in the standpoint from an orthodox society to a social order that valued an individual’s life.

Fundamental right

Every person in the territory of India has an inherent and indefeasible fundamental right to life flowing from Article 21 of the Constitution and the State is duty-bound to protect life. Justice Anoop Chitkara, Punjab and Haryana High Court

The assertion by Justice Anoop Chitkara came in a runaway couple’s protection plea where the woman-petitioner’s “first husband” alleged remarriage by his wife without divorcing him. His counsel submitted protection could not be given to “such a lady because the apprehended threat is a consequence of her own actions and violations”.

Justice Chitkara observed that none appeared before the court for the petitioners. Given the nature of the order proposed to be passed, neither the official respondents’ response, nor the issuance of notices to the private respondents-kin was required.

Justice Chitkara added that the court was not adjudicating on the validity of the petitioners’ marriage, but adhering to its fundamental duty of guarding their lives. If the allegations and the apprehension of the threat to their lives turned out to be true, it might lead to an irreversible loss.

In his detailed order, Justice Chitkara directed the Superintendent of Police, the SHO, “or any officer to whom such powers have been delegated or has been authorised in this regard”, to provide appropriate protection to the petitioners for a week.

Justice Chitkara added that the petitioners might do away with the protection even before the week’s expiry, if they no longer required it. After that, the officials concerned would extend the protection on a day-to-day analysis of the ground realities or upon their oral or written request.

“This protection is subject to the condition that from the time such protection is given, the petitioners shall not go outside the boundaries of the residence, except for medical necessities, and bereavements in the families of the persons close to them,” he added.

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