April 19, 2018

Female Adult have Right to Leave Home & Decide where to Reside : High Court

The Delhi High Court on Wednesday 18th April 2018 in Dr. Sangamitra Acharya Vs. State (NCT of Delhi) has held that in a habeas corpus petition when the plea before the Court is that a person should be protected against coercive retributive action of her parents, for making personal life choices, the Court shall not hesitate to exercise its jurisdiction to grant relief. 

A bench comprising of Justice Dr. S. Muralidhar and Justice C. Hari Shankar observed the actions of parents in removing her forcibly from the residence and getting her admitted without her consent to the Mental Hospital, with the aid of the local police, the ambulance staff, and the staff of Hospital, was in clear violation of fundamental rights to life, liberty and the right to dignity enshrined in Article 21 of the Constitution.
This violation of her rights was triggered by her exercising her freedom of choice as a female adult by choosing to leave her home, and deciding where she would like to reside.
the Judgment said.

The Court rejects the plea of parents that they acted in the larger interests of their daughter and in consideration of her well-being since their actions indicate the opposite.
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