Raginiben D/O Amrutlal Makwana ... vs State Of Gujarat
2021 Latest Caselaw 4680 Guj

        R/SCR.A/3033/2021                                   ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 3033 of 2021

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   RAGINIBEN D/O AMRUTLAL MAKWANA W/O JAGDISH BABUBHAI
                        MAKWANA
                           Versus
                    STATE OF GUJARAT
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Appearance:
MR.DIPEN F CHAUDHARI(6740) 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

Rule returnable forthwith. Learned APP waives service of

notice of rule for and on behalf of respondents.

Heard learned advocate for the applicants and learned

APP for the respondents.

Having gone through the facts of the case and

submissions advanced by learned advocate for the applicant

and learned APP for the respondents, it appears that applicants

got married as per Hindu Rites and Rituals at Jalundh on

23.02.2021 and same was registered with Marriage Registrar

at Jalundh on 24.02.2021. As per the submissions, parents of

R/SCR.A/3033/2021 ORDER

the applicant No.1 as well as relatives are against this marriage

and they have taken all possible steps to harass them. As per

the submissions made by learned advocate for the applicants,

relatives are threatening them as well as family members of

the applicant No.2 and they are also threatening to kidnap the

lady from the applicant No.2 family, and therefore, applicant

No.1 has submitted an application dated 25.02.2021 to Shihori

Police Station, Banaskantha and requested to provide police

protection. Copy of the application is also produced at

Annexure­ "B". It appears that both the applicants are from the

same community and after getting marriage, applicants are

residing at different places and unable to reside at their own

place. Applicants have produced the marriage certificate issued

by the Competent Authority.

This Court would like to refer the judgment in case of

"Lata Singh Vs. State of Uttar Pradesh and Anr." reported in

2007 (1) GLH Page No.41, wherein the Hon'ble Apex Court

held that:

6. Since several such instances are coming to our knowledge of harassment, threats and violence against

R/SCR.A/3033/2021 ORDER

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 inter­ religious 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 inter­ religious 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 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

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persons who deserve harsh punishment. Only in this way can we stamp out such acts of barbarism.

Let respondent No.3­ Police Sub­Inspector, Shihori Police

Station, Banaskantha is directed to take care of the present

applicants and also see that no untoward incident is taken

place from the family members of the present applicants and

also see that no unnecessary harassment would be caused to

the present applicants by the family members/relatives of the

present applicants. If any, police protection would be required,

respondent No.3 may provide police protection to the present

applicants for a period of three months so that they may live

peaceful life.

With this observations and directions, present application

stands disposed of. Rule is made absolute to the aforesaid

extent.

Registry is directed to send a copy of this order to the

concerned Police Station through fax or email forthwith.

(B.N. KARIA, J) SUYASH