The Delhi High Court has ruled that no law prohibits an adult girl from falling in love in a rare judgement concerning social policing.
NEW DELHI: The Delhi High Court has ruled that no law prohibits an adult girl from falling in love in a rare judgement concerning the social policing and parental hurdles created to prevent young lovers marrying the girl or boy of their choice.
Justice Shiv Narayan Dhingra quashed the criminal complaint against the young couple, a Hindu boy Vivek and a Muslim girl Afsana, who had been in hiding since an eyewitness to their marriage at an Arya Samaj temple was arrested. “There is no law which prohibits a girl less than 18 years from falling in love. Neither does falling in love considered an offence under any penal law,” said Justice Dhingra, who expressed shock at media revelations about police highhandedness and societal violence against people falling in love.
“Desiring to marry her love (Vivek) is not an offence,” said the court, adding a young girl, who is in love, has two courses available to her; one is that she should marry with the consent of her parents or marry the man of her choice after attaining marriageable age.
When Afsana told her father Tahir Ali about Vivek, he slapped and abused her saying that she would malign their religion. He also threatened to kill her or marry her off to a rich man.
Giving a helping hand to the girl in distress, the HC said: “Once such a threat is given to a girl around 17 years of age, who is in love, under such circumstances she has a right to protect her person and feelings against such onslaught even if it is from her parents.”
“Right to life and liberty as guaranteed by the Constitution is equally available to minors. A father has no right to forcibly marry off her daughter against her wishes,” the judge added.
“If a girl around 17 years of age runs away from her parents house to save herself from the onslaught by her father or relatives and joins her lover or runs away with him, it is no offence either on her part or of the boy whom she married,” the court ruled. “Can falling in love be said to be enticing? When two people fall in love, who is enticing whom?” Justice Dhingra asked.
“Fair probe is expected from the investigating agency. Working under pressure groups or under threats of religious discontent is not expected of them,” he said.
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