(Guest)

Whether minor girl can be sent to nari niketan against her w

Whether minor girl can be sent to Nari Niketan against her wish?

The issue whether a minor, can be sent to Nari Niketan against her wish, is no longer resintegra and stands conclusively settled by a catena of decisions of this Court. In the case of Smt. Kalyani Chowdhary Versus State of U. P. reported in 1978 Cr. L. J. 1003 (D.B.), a Division Bench of this Court has taken the view that :
"No person can be kept in a Protective Home unless she is required to be kept there either in pursuance of Immoral Traffic in Women and Girls Protection Act or under some other law permitting her detention in such a home. In such cases, the question of minority is irrelevant as even a minor cannot be detained against her will or at the will of her father in a Protective Home."
In the case of Pushpa Devi Versus State of U. P. and others reported in 1994 HVVD (All) C. R. Vol. II page 259 a Division Bench of this Court has enunciated the same principle as hereunder:
"In any event, the question of age is not very material in the petitions of the nature of habeas corpus as even a minor has a right to keep her person and even the parents cannot compel the detention of the minor against her will, unless there is some other reason for it.
ALLAHABAD HIGH COURT
HABEAS CORPUS WRIT PETITION No. - 47442 of 2015

Petitioner :- Rahul Kumar Singh And Another
Respondent :- State Of U.P. And 4 Others

Hon'ble Bala Krishna Narayana,J.
Hon'ble Mrs. Vijay Lakshmi,J.
Citation;2016 CRLJ(NOC)56 ALL

https://www.lawweb.in/2016/03/whether-minor-girl-can-be-sent-to-nari.html