Madras High Court
A.Ashok vs The Deputy Commissioner Of Police on 19 April, 2021
WP.No.8875 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2021
CORAM
THE HON'BLE Mr. JUSTICE M.NIRMAL KUMAR
W.P.No.8875 of 2021
1.A.Ashok
2.Karthika
3.Arumugam
4.A.Revathi ... Petitioners
Vs.
1.The Deputy Commissioner of Police,
Madhavaram, Chennai.
2.The State rep.by,
The Inspector of Police,
Milk Colony Police station,
Madhavaram, Chennai. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of writ of mandamus, directing the respondents 1 and 2 to
provide adequate police protection to the petitioners life, by considering the
petitioner's complaints dated 06.08.2020.
1/6
WP.No.8875 of 2021
For Petitioners : Mr.Venkataswamy Babu
For Respondents : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
*****
ORDER
This petition has been filed seeking for police protection to the
petitioners life, by considering the petitioner's complaints dated 06.08.2020.
2. It is seen from the records that the 1st and 2nd petitioners loved each
other and they decided to get married. Since it was an intercaste marriage, both
side parents opposed the marriage. The 1st petitioner was not able to convince
his parents and he was even threatened with dire consequences. Left with no
other option, the 1st petitioner moved out of his house and the petitioners got
married on 14.06.2020. Subsequent to the marriage the petitioners started living
as a joint family along with the parents of the 1st petitioner.
3. There was a threat exerted on the petitioners and the family members
and therefore a complaint was given before the respondent police seeking for
WP.No.8875 of 2021
police protection. Since the same has not been acted upon, the present petition
has been filed before this Court seeking for appropriate directions.
4. Mr.Venkataswamy Babu, learned counsel appearing for the petitioners
submitted both the petitioners are major and they have decided to marry and the
marriage had taken place on 14.06.2020. The parents of the 1 st petitioner and
their family members were protesting against the marriage and were not giving
the consent and therefore the 1st petitioner took a conscious decision to move
out of the house and thereafter got married to the 2nd petitioner.
5. The learned counsel for the petitioner submitted that the parents of the
2nd petitioner and the family members do not have any right to interfere with the
life of the 2nd petitioner and the petitioners' cannot be threatened or harrased by
the parents and family members of the 2nd petitioner. The learned counsel
brought to the notice of this Court the judgment of the Hon'ble Suprme Court in
Arumugam Servai vs. State of Tamil Nadu reported in 2011 6 SCC 405
wherein the Hon'ble Supreme Court has categorically held that stern action
must be taken against the persons who involve in violence or cause threat to the
persons who undergo an intercaste marriage. Inspite of such a direction being
WP.No.8875 of 2021
given by the Hon'ble Supreme Court, the respondent police have failed to take
any action on the complaint given by the petitioners.
6. The learned Additional Public Prosecutor representing the respondent
police submitted that appropriate action will be taken by the police in
accordance with law.
7. It is an admitted fact that the petitioners herein are major and they
have every right to decide their life and they cannot be threatened or harrassed
by the parents or the family members. In fact many thinkers believe that
intercaste marriage is the only panacea to root out the evil of caste system.
These are days where the younger generation is slowly moving out of the ill-
effects of caste system and that is the reason for a lot of intercaste marriages
that are happening in the society. These changes must be accepted by the elders
and this change is infact good for the society in rooting out the caste system. As
held by the Hon'ble Supreme Court, the respondent police ought to have taken
immediate action on the complaint given by the petitioners seeking for police
protection.
WP.No.8875 of 2021
8. In view of the above, there shall be a direction to the 2 nd respondent to
immediately call the parents of the 2nd petitioner and their relatives for an
enquiry and instruct them not to interfere with the married life of the
petitioners. If inspite of the advice, any threat is exerted, immediate action shall
be taken against them and if necessary police protection shall be granted for the
petitioners and the parents of the 1st petitioner.
9. This Writ Petition is disposed of with the above direction. No costs.
19.04.2021
bri
Index : yes/No
Internet : Yes
Speaking Order / Non Speaking Order
To
1.The Deputy Commissioner of Police,
Madhavaram, Chennai.
2.The Inspector of Police,
Milk Colony Police station,
Madhavaram, Chennai.
3.The Public Prosecutor,
High Court, Madras.
WP.No.8875 of 2021
M.NIRMAL KUMAR , J.
bri
W.P.No.8875 of 2021
19.04.2021
