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Synopsis

The Madhya Pradesh High Court at Gwalior has granted police protection to a couple fearing ‘Honour Killing’ by their parents after getting married despite the opposition of parents.

The court, presided over by Justice Vivek Rusia, allowed the application made by the couple for police protection on the ground that the couple was receiving threats from their parents. The court observed that “If the petitioners are major and entered into the marriage voluntarily, then they should not be harassed by any one, just because they have objection with their marriage. In future, if the petitioners receive any threat or fear to their life from anyone order to avoid any harassment, the petitioners are certainly entitled for police protection.”

The court referenced the case of ‘Lata Singh Vs. State of U.P. Another’, wherein the Supreme Court held that once a person attains majority, they are entitled to make their own decisions regarding marriage. The top court had ruled that “If the parents of the boy or girl do not approve of such inter caste of inter religious marriage the maximum they can do is that they can cut-off social relation with the son or daughter, but they can give threats or commit of instigate acts of violence and cannot harass the person undergoes such inter caste or inter religious relationship marriage.” It further mandated that those who engage in such behaviour, either directly or by instigation, should face criminal proceedings according to the law.

The court further cited the case of ‘Shakti Vahini vs. State of M.P’ in which the Supreme Court outlined preventive, remedial, and punitive measures to deal with the issue of "Honour Killing" and the functioning of "Khap Panchayats”. These directives included preventive measures such as identifying affected areas and police caution, remedial actions like immediate FIR lodging and security provision for affected couples, and punitive measures like departmental actions against negligent officials and fast-track trials, with the aim to ensure swift and effective action against honour crimes while safeguarding the rights and safety of individuals in such marriages.

The court ruled that “if the petitioners receive any threat or fear to their life their parents or anyone, in future, they may approach to the Superintendent of Police, Gwalior along with their documents relating to age proof and marriage and record their statement and also inform the name of the person who is threatening them.”

The court further said that if they cannot reach the Superintendent of Police in Gwalior, they may approach the nearest police station in case of emergency. The Superintendent of Police or Station House Officer (SHO) will take immediate action if they find that the petitioners' lives are in danger, following the directives established by the Supreme Court in the case of Shakti Vahini.

Consequently, the writ petition was disposed of.

 

Cause Title: Gagandeep Kaur v State of Madhya Pradesh [WRIT PETITION No. 12281 of 2024]