Madras High Court sets aside State Govt order cancelling public meeting to be held for spreading information against honour killing

The Madras High Court recently while hearing a writ petition filed under Article 226 of the Constitution of India set aside the order passed by State to quash public meeting to be held for spreading information against honour killing and to promote inter-caste marriages.

The single judge bench of Justice G. Chandrasekharan also directed the State to grant permission to the petitioner namely Kowsalya to hold public meeting on March 12, 2023 at 5 PM at venue near Kumaralingam Bus Stop with imposing necessary and appropriate conditions. “In this view of the matter, order dated 08.03.2023 passed by the respondent bearing…..is set aside and the respondent is directed to give permission for conducting the meeting on 12.03.2023 at 5 P.M. at the venue nearby Kumaralingam Bus Stop by imposing necessary and appropriate conditions, that are usually imposed,” the court held.

The counsel for Kowsalya submitted that she is the founder of Sankar Social Justice Trust and belongs to Most Backward Community and is married to one Sankar who belongs to Scheduled Caste. On account of this inter-caste marriage, caste fanatics assaulted Sankar with deadly weapons on March 13, 2016 at the instigation of her parents and he was killed, the counsel said.

On the second-year death anniversary of Sankar, Kowsalya started the above-mentioned trust for creating awareness of inter-caste marriage and for promoting the same in the society in order to achieve casteless society, the counsel further submitted.

Moreover, the court was informed that Kowsalya had submitted a representation dated February 15, 2023 seeking permission to conduct 7th memorial meeting in honour of deceased Sankar and to promote inter caste marriage but the same was rejected in the proceedings.

Counsel for Government opposed the petition on the ground that if the proposed meeting were permitted, there could have been a possibility of law-and-order issue. The counsel also argued that there was a ban against meeting and other assembly passed under Section of 30(2) of TN City Police Act, 1888 from March 01, 2023 to March 15, 2023. He further submitted that the brother of the deceased and more than 550 villagers were opposing this meeting. Thus, he prayed for dismissal of the petition.

The court considered the rival submissions and perused the records and observed that the offence of honour killing is quite common and is not totally eradicated. The court also said that it was laudable that Kowsalya had chosen to speak up especially since instances of honour killing continue to take place across Tamil nadu. “It is not in dispute that petitioner is a victim to honour killing, that her husband was murdered for the reason that he belongs to Scheduled Caste and petitioner belongs to Most Backward Caste. Now, the scope of starting Sankar Social Justice Trust and for organizing present meeting is to disseminate information against honour killing and also to promote inter-caste marriage. It is a laudable object and we cannot prevent/prohibit the meeting to be organized by Sankar Social Justice Trust on 12.03.2023 at 5 P.M. at the venue nearby Kumaralingam Bus Stop, for the above said reasons,” the court observed.

The court set aside the order and directed State to give permission for conducting the meeting on March 12, 2023.

Case Title: Kowsalya vs. The State rep by The Deputy Superintendent of Police, Udulamaipet Sub Division, Tiruppur District