Allahabad High Court Upholds Right to Liberty in Habeas Corpus Case

Court Determines Detenue as Major, Grants Her Freedom to Choose Residence and Partner

In a significant judgment, the Allahabad High Court, presided over by Justices J.J. Munir and Sanjiv Kumar, has ruled in favor of Smt. Saniya, affirming her status as a major and upholding her right to personal liberty and self-determination. The habeas corpus writ petition was filed by Saniya and her partner, Vikas alias Ramkishan, seeking her release from a government shelter home where she was placed based on claims of her being a minor.

The case originated from a First Information Report (FIR) lodged by Saniya's father, alleging that Saniya, a minor, had been taken by Vikas and others. Initially, the Child Welfare Committee had placed Saniya in a protection home based on school records citing her date of birth as April 25, 2009. However, the court found these records unreliable as they were based on unverifiable Aadhar card entries.

In determining Saniya's age, the court relied on medico-legal certification, including an ossification test and dental examination, which indicated that she was at least eighteen years old. The court emphasized the precedence of such medical evidence over questionable school records in age determination cases.

With Saniya present in court, she expressed her desire to live with Vikas, rejecting her parents' custody. The court acknowledged her right, as a major, to choose her residence and partner without interference from the state or her family. The judgment highlighted that Saniya's right to marry or cohabit with Vikas is protected under the law, reinforcing her autonomy as an adult.

The court ordered Saniya's immediate release, allowing her to leave the protection home and reside with Vikas if she chooses. The decision underscores the judiciary's role in safeguarding individual freedoms against unwarranted detentions.

Bottom Line:

Habeas Corpus Petition - Determination of age and liberty of detenue - The Court held that the age determination must rely on credible evidence, such as medico-legal certification, when school records or municipal certificates are unreliable. A detenue, being a major, is entitled to liberty and self-determination and can stay with whomever she chooses without interference from the State or others.

Statutory provision(s):  

• - Section 94(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015  
• - Sections 137(2), 352, 351(3), and 61(2) of Bharatiya Nagarik Suraksha Sanhita (B.N.S.)  
• - Sections 363 and 120B of Indian Penal Code (IPC)  
• - Section 183 of Bharatiya Nagarik Suraksha Sanhita (BNSS)

Smt Saniya v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2815047