Run-Away Marriages in Punjab: Institutional Intervention and Protection

Abstract

Run-away marriage is a relatively new expression. Its emergence is linked with a practice which is not usually accepted by society. The legal reckoning of the expression run-away marriage came with the judiciary coining it to refer to the couples who invoke protection through courts to safeguard such marriages. Social resentment against run-away marriages has made couples entering such marriages seek protection by knocking the doors of the judiciary. Social reality manifests itself into cases of run-away marriages which are identified as ‘Protection Matters’ under law. They render a legally tenable right to life and liberty to persons under Article 21 of the Constitution of India. Article 21 is a fundamental guarantee by law and is a legally enforceable Human Right. The present paperaims to detail out the procedure, mechanism and requisite laws in place to enforce protection to run away couples invoking their fundamental right of ‘Article 21’ within, the State of Punjab. It further examines the recent verdicts passed by the Punjab and Haryana High Court as well as the Supreme court in this regard. Thereafter, it scrutinizes the implementation by theestablished State Protection Homesin Punjab. The paper also presents certain practical and ground insights from the field as to the institutional protection sought most by run-away couples while also exploring their awareness regarding their approachability to established safe houses within their districts.