#minor rights

The Madras HC held that a minor’s Indian citizenship is not lost when a parent acquires foreign citizenship under Section 9 of the Citizenship Act, 1955, and directed the passport office to renew the minor’s passport within three months.

The Gauhati High Court permitted a medical termination at 27 weeks for a minor sexual assault survivor, holding that the child's best-interest supersedes the 24-week ceiling in the MTP Act. This sets a precedent that statutory gestational limits can be set aside when a minor's health and rights are at stake, affecting future POCSO and MTP cases involving minors.

The Madhya Pradesh High Court has ruled that a Medical Board must be constituted immediately to evaluate the safety of terminating a pregnancy beyond 24 weeks in cases of minor rape survivors, affirming that the health and rights of the victim override procedural delays. This sets a critical precedent for expediting medical access in POCSO cases where gestational limits are exceeded, ensuring compliance with Supreme Court guidelines on reproductive autonomy and child welfare.

The Allahabad High Court has ruled that the state is obligated to bear all medical costs and ensure timely evaluation by a statutory medical board for a 22-week pregnant minor rape victim seeking termination under the MTP Act. This sets a critical precedent for enforcing reproductive rights and state accountability in cases of sexual violence against minors, beyond mere judicial permission.

Madras High Court rules that a mother with legal custody of a minor can obtain passport re-issuance without the non-custodial father’s consent, reinforcing the welfare principle under the Guardians and Wards Act. The decision clarifies that procedural requirements must yield to the child’s best interests, especially where no court order restricts travel.

The Chhattisgarh High Court ruled that when a minor produces a valid caste certificate, authorities must refer the claim to the District Committee for scrutiny - refusing to do so violates natural justice and deprives children of their future reservation rights. This sets a binding precedent for all educational institutions to act on certified caste claims, not dismiss them on procedural grounds.

The Punjab & Haryana High Court has affirmed that a family settlement conferring property rights on a minor is legally valid, and an erroneous revenue mutation does not extinguish a party’s title when judicial intent is clear. Crucially, allegations of fraud in such disputes must be specifically pleaded under CPC Order VI Rule 4-mere general assertions are insufficient, protecting minors’ inherited rights from procedural manipulation.

Telangana High Court ruled that passport date of birth corrections must be sought within five years of issuance, even for minors, as per Passport Rules. The Court dismissed the plea, noting that a fresh application would be the appropriate remedy for the petitioner, a minor whose date of birth was incorrectly recorded.

Bombay High Court holds that a minor riding a motorcycle without a licence cannot be deemed contributorily negligent in a motor accident claim unless actual fault is proven.

Madhya Pradesh High Court holds that minors aged 12-21 years qualified as renowned shooters are eligible for arms licenses under Form-III for sport training, rejecting age-based blanket denial.

Telangana High Court holds that minors acquiring Indian citizenship by descent need not surrender Indian passports or pay overstay fines to travel abroad, even if holding dual citizenship.

The High Court of Telangana holds that habeas corpus is maintainable to secure production of a minor child in custody disputes, affirming the natural guardian's right to judicial redress.