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Chandarana Darshana Dipak Kumar & vs State Of Gujarat &

High Court Of Gujarat|04 May, 2016
Rule returnable forthwith. Mr.Rutvij Oza, learned APP waives service of notice of rule for and on behalf of the respondent -State.
The applicants are seeking police protection as both the applicants have married without the blessings of their parents.
The Apex Court rendered in case of Latasingh Vs. The State of UP & Ors. reported in 2006(5) SCC 475 had directed that "since several instances are coming to our knowledge of harassment, threats and violence against young men and women who marry outside their case, we feel it necessary to make some general comments on the matter. The Page 1 of 4 HC-NIC Page 1 of 4 Created On Thu May 05 03:19:43 IST 2016 R/SCR.A/2916/2016 ORDER nation is passing through a crucial transitional period in our history and this Court cannot remain silent in matters of great public concern."
The relevant observations of this decision needs to be reproduced at this stage:
"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, inter-caste 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 inter-caste 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 inter-caste 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 inter-caste or inter-
religious marriage. We, therefore, direct that the Page 2 of 4 HC-NIC Page 2 of 4 Created On Thu May 05 03:19:43 IST 2016 R/SCR.A/2916/2016 ORDER administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious 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. We sometimes hear of 'honour' killings of such persons who undergo inter-caste or inter-religious 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. "
Bearing in mind the directions and observations of the Apex Court rendered in case of Latasingh Vs. the State of UP & Ors. (Supra ), the request of the applicants requires to be acceded to, to ensure their safety and protection.
police protection to the applicants. The time shall be decided by the concerned officer, bearing in mind all the facts and circumstances of the case and ground reality of the case.
With these observation and directions, the present Special Criminal Application stands disposed of. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(MS SONIA GOKANI, J.) BINA Page 4 of 4 HC-NIC Page 4 of 4 Created On Thu May 05 03:19:43 IST 2016
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