Open Access Open Access  Restricted Access Subscription Access
Open Access Open Access Open Access  Restricted Access Restricted Access Subscription Access

Run-Away Marriages in Punjab:Institutional Intervention and Protection


Affiliations
1 Centre for Human Rights and Duties, Panjab University, India
     

   Subscribe/Renew Journal


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.

Keywords

Run-Away Marriage, Honour Killing, Protection Matter, Article 21, High Court.
Subscription Login to verify subscription
User
Notifications
Font Size


  • Agrawal Prachi. Gender Role and Its Impact upon the Society. Research J. Humanities and Social Sciences. 3(2): April-June, 2012, 197-200.
  • Asha and Another Versus State of Haryana. Civil Writ Petition. 2009; 6717.
  • Chakravarti Uma. From fathers to husbands: of love, death and marriage in North India. InHonour: Crimes, Paradigms and Violence Against Women, Edited by Lynn Welchman and Sara Hossain. Zed Books, London. Pp. 308-331
  • Devi Veena. Overview on Universal Human Right. Int. J. Rev. and Res. Social Sci. 2(1): Jan. – Mar. 2014; 24-26.
  • Dogan Recep. Honour Killings in the UK communities: Adherence to Tradition and Resistance to change. Journal of Minority Muslim Affairs. 2013: 33(3); 401-417.
  • Inamdar Suvarna. Women and Human Rights. Int. J. Rev. and Res. Social Sci. 4(2): April - June, 2016; Page 77-79.
  • Kaur Rupinder. Surveillance and Privacy: A Ramification of Article 21. Int. J. Rev. and Res. Social Sci. 2018; 6(3):284-290.
  • Khaps can’t interfere if consenting adults marry. (2018, March 27). The Tribune. p. 1.
  • Kunwar Aditya Singh, Human Rights and Police Process. Research J. Humanities and Social Sciences. 3(4): October-December, 2012, 450-457.
  • Moral Judgements can never be proved by Evidence- A critical study. Int. J. Rev. and Res. Social Sci. 2(2): April-June 2014; Page 114-117.
  • National Crime Record Bureau: 288 Honour Killing cases reported since 2014: Government. 2017, August 2. The Tribune. 7.
  • Neral Apoorva. The Theories of Justice and its Correlation with Law. Research J. Humanities and Social Sciences. 4(2): April-June, 2013, 151-160.
  • Pardeep Singh and Another Versus State of Haryana. Recent Criminal Reports (Criminal). 2008: (3); 367.
  • S. Shubhang .Human Rights and Police. Research J. Humanities and Social Sciences. 3(1): Jan- March, 2012, 65-67
  • SahuAlekh Kumar and KhanAlim Abdul. Policies and practices of religious and other communities. Int. J. Rev. and Res. Social Sci. 2(2): April-June 2014; Page105-107.
  • Shukla Rajesh. Liberation of Women in the Indian Context. Int. J. Rev. and Res. Social Sci. 1(2): Oct. - Dec. 2013; 45-47.
  • Thakur Nath Dwijendra. Feminism and Women Movement in India. Research J. Humanities and Social Sciences. 3(4): October-December, 2012, 458-464.

Abstract Views: 22

PDF Views: 0




  • Run-Away Marriages in Punjab:Institutional Intervention and Protection

Abstract Views: 22  |  PDF Views: 0

Authors

Kanika Sharma
Centre for Human Rights and Duties, Panjab University, India

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.

Keywords


Run-Away Marriage, Honour Killing, Protection Matter, Article 21, High Court.

References