RIGHT TO LIVE FREELY BY WOMEN BEYOND FAMILY OBLIGATIONS RULED BY PUNJAB & HARYANA HC

by | Sep 6, 2024

Headline

Punjab and Haryana High Court Upholds Adult Woman’s Right to Personal Liberty and Rejects Plea of a father in Habeas Corpus Case.

Summary

The Punjab and Haryana High Court ruled in favor of a 30-year-old woman’s right to live freely, by dismissing the plea of her father to get her back to his custody. The Court stressed the principles of personal liberty and constitutional morality.

Key Facts

  • Case Title:   RKS vs. State of Punjab and ors, Habeas Corpus Petition by father.  
  • Name of Judge: Justice Manjari Nehru Kaul.  
  • The woman, who was facing assault from her husband and brothers,said that she wishes to live independently.  
  • The father argued with the court for her custody based on social norms.

Legal Insights

The Punjab and Haryana High Court highlighted that its part is to save the constitutional rights, not enforce social norms, reaffirming the right of personal liberty as provided under the Constitution of India.

Impact

This ruling of the Punjab and Haryana High Court focuses on the freedom of adult women, stating that they cannot be forced into custody against their will, even by the family members.

Why it Matters

It showcases the significance of upholding personal liberty and equality as provided under the Constitution of India ,especially in patriarchal societies where familial control can overshadow individual rights.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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