A GIRL IS NOT A CATTLE BUT AN INDEPENDENT LIVING SOUL WITH RIGHTS - HIMACHAL PRADESH HIGH COURT

A GIRL IS NOT A CATTLE BUT AN INDEPENDENT LIVING SOUL WITH RIGHTS - HIMACHAL PRADESH HIGH COURT

23rd FEBRUARY 2021

Bench lead by Justice Vivek Singh Thakur was dealing with the petition filed by Mr. Sanjeev Kumar, that Ms. Komal Parmar has been illegally detained by her family members and friends against her wishes, to prevent solemnization of marriage of petitioner with Ms. Komal as the petitioner belongs to a lower caste whereas Ms. Komal Parmar belongs to high caste (Thakur). 

The petitioner prayed for the production of Ms. Komal Parmar by way of the present Writ Petition and also begged to provide appropriate security to the petitioner and his family members as there is an imminent threat to their lives and property.

Himachal Pradesh High Court bench observed that “It is to be remembered that a girl is not a cattle or non-living thing but a living independent soul having rights, like others, and, on attaining the age of discretion, to exercise her discretion according to her wishes”. Discrimination based on caste denying the right to choose spouse in violation of Fundamental Rights. The Court directed Himachal Police to provide security to the petitioner and Ms. Komal Parmar and allow Parmar to choose her spouse. 

Author-Papiha Ghoshal