19F escaping toxic home, need legal protection

727 votes

As a 19-year-old adult, you hold full fundamental rights to liberty and personal choice under Article 21 of the Constitution. Your parents cannot legally force you to study MBBS or remain at home. ​To safeguard your friend from false kidnapping allegations, submit a formal written intimation to your local police station confirming your voluntary departure without coercion. Leave a signed declaration at home and secure your original documents. You are under no legal obligation to disclose your workplace or location. If an baseless FIR or police complaint is filed against your friend, you may approach the High Court to quash the FIR and seek protection for your life and liberty.

Advocate Ranjeet Sonker LawRato

853 votes

Yes, you are completely protected under law. At 19 you are a major as per Indian Majority Act, 1875 and you have full right to decide your residence and career. 1. Can they force you back? NO. No parent can legally force a major daughter to live with them or to pursue MBBS. Even if they file Habeas Corpus before High Court, the Court will only record YOUR statement. If you say you left voluntarily, petition will be dismissed. Police also cannot force you to return. 2. How to prevent false kidnapping case against your friend? Kidnapping U/S 137 BNS [Old 361 IPC] is applicable only to minors below 18 years. As you are 19, kidnapping is not maintainable if you left voluntarily. For abduction U/S 87 BNS, consent of adult is a valid defence. For 100% protection, do this on day of leaving: a) Voluntary Declaration: Make a detailed signed letter and a video stating: Your name, DOB/Aadhaar, that you are 19 and major, you are leaving parental home voluntarily due to mental harassment/career coercion, no one has kidnapped/abducted you, you are leaving on your own free will, you do not want to be traced or forced back, and any kidnapping complaint against your friend is false and motivated. b) Inform Police: Send this declaration via Email and Speed Post to local SHO, DCP/SP, Women Helpline 112/1098 and keep acknowledgement. Call 112 and inform. This prior intimation destroys any later false FIR. c) Keep your original IDs, educational certificates and bank access with you. Do not take jewellery/cash which can be shown as theft. Keep proof of remote work/NDA to show financial independence

Advocate Shamma Perween LawRato

504 votes

As the woman is legally a major now. she can live as per her own free will and her parents, relatives, etc. can't harass her or otherwise. however if the woman does need protection, then she can get in touch with a seasoned advocate of good standing and consult her legal options.

Advocate Faisal Ashfaq LawRato

983 votes

Fila petition in High Court for protecting protection and protecting your right under article 21 of the Constitution of India and also give a written complaint in your nearest police station regarding threatening and other abusive activities of your parents against you and your friend and through written affidavit ensure your security with your friend and final that affidavit before the honorable High Court is attached in with attachment of your petition

Advocate Neetu Shukla LawRato

906 votes

Firstly you have to contact with Local Police or Child Welfare Commision Office in your District if your guardian is not supporting you but don't do any false step or illegal steps because it ruins your future and your reputation. Only law is the solution of every problem not any false step.

Advocate Ashutosh Kumar Pandey LawRato