Gujarat High Court
Monikaben D/O Rajubhai Desai W/O ... vs State Of Gujarat on 24 March, 2021
Bench: B.N. Karia
R/SCR.A/3274/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 3274 of 2021
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MONIKABEN D/O RAJUBHAI DESAI W/O KAMAL PRADHANJI THAKOR
Versus
STATE OF GUJARAT
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Appearance: MR NV GANDHI(1693) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2,3
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
Date : 24/03/2021
ORAL ORDER
1. Rule returnable forthwith. learned APP waives service of
notice of Rule for and on behalf of the respondentState.
2. The present petition is filed by the petitioners seeking police
protection as they are having strong apprehension that their lives
are in danger on account of the marriage solemnized between both
the petitioners against the will and wish of their parents.
3. Heard the learned advocate for the petitioners as well as
learned APP for the respondentState and perused the material
placed on record.
4. It appears from the record produced before the Court that
due to love and affections, the petitioners have decided to marry
each other and on account of difference of caste, it was difficult for
them to secure consent from their parents and therefore, without
consent and in absence of their parents and relatives, on
09.03.2021, their marriage has been solemnized as per Hindu
R/SCR.A/3274/2021 ORDER
Ritual. On account of their inter caste marriage, they are
apprehending untoward incidents and threats to their lives. It
appears that application dated 09.03.2021 has been submitted
before respondent no.3 stating that the petitioners had solemnized
their marriage on 09.03.2021 and they were major and family
members of the petitioners did not accept their relationship.
Thereafter, family members of the petitioners had gave threat to
kill both the petitioners as and when they found out. The marriage
certificate of the petitioners was produced on record certifying that
both are married on 09.03.2021 and the same has been registered
on 09.03.2021 under the Gujarat Registration of Marriage Act,
2006. Therefore, both the petitioners had given an application for
police protection to respondent no.3 on 09.03.2021 and the
petitioners did not get any reply from the concerned officer to
secure the protection for their lives and the petitioners requested to
provide police protection.
5. Considering the facts and submissions made by learned
advocate for the petitioners, this Court would like to refer the
judgment of the Hon'ble Apex Court in the case of Lata Singh Vs.
State of Uttar Pradesh and another reported in 2007(1) GLH 41,
wherein the Hon'ble Apex Court has held as under:
R/SCR.A/3274/2021 ORDER
"6. Since several such instances are coming to our knowledge of
harassment, threats and violence against young men and women who
marry outside their caste, we feel it necessary to make some general
comments on the matter. The nation is passing through a crucial
transitional period in our history, and this Court cannot remain
silent in matters of great public concern, such as the present one.
7. The caste system is a curse on the nation and the sooner it is
destroyed the better. In fact, it is dividing the nation at a time when
we have to be united to face the challenges before the nation unitedly.
Hence, intercaste marriages are in fact in the national interest as they
will result in destroying the caste system. However, disturbing news
are coming from several parts of the country that young men and
women who undergo intercaste marriage, are threatened with
violence, or violence is actually committed on them. In our opinion,
such acts of violence or threats or harassment are wholly illegal and
those who commit them must be severely punished. This is a free and
democratic country, and once a person becomes a major he or she can
marry whosoever he/she likes. If the parents of the boy or girl do not
approve of such intercaste or interreligious marriage the maximum
they can do is that they can cut off social relations with the son or the
daughter, but they cannot give threats or commit or instigate acts of
violence and cannot harass the person who undergoes such intercaste
or interreligious marriage. We, therefore, direct that the
administration/police authorities throughout the country will see to
it that if any boy or girl who is a major undergoes intercaste or
interreligious marriage with a woman or man who is a major, the
couple are not harassed by any one nor subjected to threats or acts of
violence, and any one who gives such threats or harasses or commits
acts of violence either himself or at his instigation, is taken to task by
R/SCR.A/3274/2021 ORDER
instituting criminal proceedings by the police against such persons
and further stern action is taken against such persons as provided by
law.
8. We sometimes hear of `honour' killings of such persons who
undergo intercaste or interreligious marriage of their own free will.
There is nothing honourable in such killings, and in fact they are
nothing but barbaric and shameful acts of murder committed by
brutal, feudal minded persons who deserve harsh punishment. Only
in this way can we stamp out such acts of barbarism."
6. Under the facts and circumstances of the case, respondent
no.3Police Inspector, Ghatlodia Police Station, Ghatlodia,
Ahmedabad is directed to take care of present petitioners and also
see that no untoward incident is taken place from the family
members of present petitioners and also see that no unnecessary
harassment would be caused to the petitioners by the family
members/relatives of the petitioners. If any, police protection
would be required, respondent no.3 may provide police protection
to the present petitioners for a period of three months so that they
may live peaceful life.
7. In view of the above direction, the present petition is
allowed. Rule is made absolute accordingly. Direct Service is
permitted.
(B.N. KARIA, J)
rakesh*/
