If you are stuck in such a situation, here is what to do.

Ms. Priya, an 18-year-old from the city of Prayagraj, recently completed her 12th-grade examinations with excellent marks. For months, her parents, Mr. and Mrs. Verma, have been relentlessly pressuring her to enroll in a course for civil engineering at a local institute, “Pradesh Technical University.” However, Priya’s passion lies in data science, and she has secured admission to a prestigious online degree program from a top-tier national university. Her parents are vehemently against an online degree, leading to constant arguments and immense mental distress for Priya. They have threatened to withdraw all support and have even made hurtful comments, suggesting she is free to leave and they would not care. Feeling cornered, suicidal, and emotionally exhausted, Priya is contemplating leaving her home to escape the toxic environment and pursue her dreams, but she is unsure of her legal standing and how to support herself.

Advice in such cases

Navigating such a sensitive family issue requires a calm and strategic approach. Here is some advice for individuals in a similar predicament:

• Understand Your Legal Rights: In India, upon turning 18, you are legally an adult. This means you have the right to make your own life decisions, including your choice of education, career, and place of residence. Your parents cannot legally force you to study a particular subject or live with them against your will.
• Attempt Communication: Before taking a drastic step, try to have a final, calm conversation with your parents. Perhaps involve a neutral third party, like a trusted relative or a family friend, who can mediate and help them understand your perspective.
• Financial Planning: If you decide to live independently, financial stability is key. Start by saving any money you have. Explore part-time job opportunities, freelance work online, or skill-based jobs that do not require a degree. Create a budget to manage your expenses.
• Secure Your Documents: Ensure you have possession of your essential personal documents, such as your Aadhar card, birth certificate, passport, and educational mark sheets. These are your property, and you will need them for any job or further education applications.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Understanding the legal framework is crucial. The primary laws that protect the rights of an adult individual are:

• The Indian Majority Act, 1875: Section 3 of this Act unequivocally states that every person domiciled in India shall attain the age of majority on his completing the age of eighteen years and not before. This is the legal foundation of your autonomy.
• The Constitution of India:
  • Article 21 (Right to Life and Personal Liberty): The Supreme Court of India has broadly interpreted this article to include the right to live with dignity, the right to privacy, and the right to make personal life choices without undue external interference.
  • Article 19(1)(g) (Right to Freedom): This article grants all citizens the right to practice any profession, or to carry on any occupation, trade, or business. This implicitly includes the right to choose the education required for that profession.
• Bharatiya Nyaya Sanhita, 2023 (BNS): While parental pressure is a social issue, if it escalates to threats or confinement, certain provisions may apply. For instance, if you are physically prevented from leaving the house, it could amount to wrongful confinement under Section 363 of the BNS. If there are threats of injury, it could be considered criminal intimidation under Section 351 of the BNS.

If you are the complainant

In this scenario, the “complainant” would typically be the parent who might file a police report if their adult child leaves home.

• Missing Person Report: Parents can file a missing person report. However, once the police locate you and you confirm that you are an adult who has left on your own free will and are safe, the police will close the case.
• No Kidnapping Charges: Since you are 18 years or older, your parents cannot file a valid kidnapping complaint against you or anyone who might be helping you.
• Police Cannot Force Your Return: The police have no authority to compel an adult to return to their parental home against their wishes. Their duty is limited to ensuring you are safe and not a victim of any crime.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the adult child facing such a situation, here are steps to protect yourself:

• Inform the Police: If you decide to leave, it is a prudent step to visit the nearest police station and submit a written application (a “General Diary” or GD entry). State that you are an adult, leaving your home voluntarily due to personal differences, and do not wish to be contacted by your family. This preempts any potential missing person or false kidnapping complaints.
• Create a Support System: Confide in trusted friends or other relatives. Inform them of your plans so that someone knows your whereabouts and can support you if needed.
• Document Everything: Keep a record of any threatening messages, emails, or conversations. This could be useful if the situation escalates legally.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police generally view these matters as domestic disputes and prefer not to interfere unless a cognizable offense is clearly made out. If a missing person report is filed by your parents, the police will focus on locating you. Once you are found, they will record your statement confirming you are an adult and have left willingly. They will then inform your parents that you are safe but will not disclose your location without your consent. Their involvement typically ends there.

FAQs people normally have

Can my parents legally control my life choices after I turn 18?
No. Legally, you are an adult with the freedom to make your own decisions. However, they are also not legally obligated to financially support you for your education or living expenses after you turn 18, unless specified under personal laws in certain contexts like maintenance.

What if my parents are withholding my important documents?
Your personal documents are your property. You can send a legal notice through a lawyer demanding their return. If they still refuse, you can file a police complaint for criminal breach of trust or file a civil suit for the recovery of your property.

Can my parents stop me from taking up a job?
No, they cannot legally prevent you from working. Your right to work is protected under the Constitution.

What evidence is required?

The most crucial piece of evidence is proof of your age to establish that you are a legal adult. This can be:

• Aadhar Card
• Birth Certificate
• Class 10 Mark Sheet or Certificate
• Passport

Other useful evidence includes:

• The written statement (GD entry) you file with the police.
• Any communication (texts, emails) that demonstrates you left voluntarily.
• Witness statements from friends or relatives who can attest to the situation.

How long will the investigation take?

There is no “investigation” in the criminal sense unless a specific crime is alleged. If a missing person complaint is filed, the process is usually swift. The police will close the file as soon as they can verify your well-being and voluntary departure, which can happen within a day or two of them locating you. Legal proceedings for other issues, like the recovery of documents, would follow the timelines of the civil or criminal court system, which can be more prolonged.

Advocate Sudhir Rao, Supreme Court of India