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News reports have been circulating about a law graduate who was put under ‘illegal’ confinement in her house by her parents over her love affair with a Delhi-based lawyer. Having taken suo moto cognizance, bench of Chief Justice Rajendra Menon and Justice Rajeev Ranjan Prasad at the Patna High Court on Thursday ordered that she must be set free and allowed to go wherever she wanted to go and pursue her life as she desires.
the senior superintendent of police, Patna, has been directed by the court to give adequate protection to the 23-year-old girl for going to the place of her choice and added that once she reaches her destination, she may claim protection from the local police.
The Court referred to the verdict of the Supreme Court in Hadiya’s case, and stated that, “we have no hesitation in allowing her to go the way she desires and exercise the constitutional right available to her. She is a free citizen and no one even her parents have a right to curtail or withhold the freedom available to her under the Constitution”. Citing Hadiya case, it says social values and morals have their space but they are not above the constitutionally guaranteed freedom.
Referring to the concept of a fundamental right available to a person and the principle of social value and morals, the court wishes to the parents giving way to the fundamental rights available to the citizen as discussed by the Supreme Court.
The court has also directed the police to get released the girl’s educational certificates that were in the possession of her maternal uncle.
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