SC to lay down guidelines to protect inter-caste couples

NEW DELHI: The Supreme Court on Wednesday said it would lay down comprehensive guidelines to protect inter-faith, inter-caste and intra-gotra couples whose marriages are opposed by society in the name of tradition.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud reserved its verdict on an eight-year-old PIL filed by NGO ‘Shakti Vahini’ protesting against the violence unleashed against couples who marry across faith and caste or within the gotra. CJI Misra reiterated the bench’s time-tested stand and said: “If two adults get married by consent, whatever be their caste, religion or gotra, no one can interfere in such a marriage, neither the relatives nor panchayats. We will give a detailed judgement on this issue.”

Appearing for the Centre, additional solicitor general Pinky Anand told the court that the Centre is firmly against any violence or threat to couples who marry out of their choice. She said the anger of relatives, community or panchayat against such couples is a law and order issue, which must be dealt with sternly by police.

Anand told the court that the Centre feels it would be appropriate to direct the states that “no person or assembly of persons or family members shall harass, torture, subject to violence, threaten, intimidate or cause harm to any couple wishing to get married by their own choice or couples who have got married. Any person or assembly of persons committing such act as aforesaid shall be criminally prosecuted under the penal laws”.

The Centre said: “Police must take prompt action to prevent any such crime and protect the couples living under the fear of physical annihilation by housing them in protection homes or by any other means as they deem fit.”

“There should be a special cell in every district for receiving complaints from couples expressing fear of physical annihilation,” the Centre said and suggested that any crime against such couples must be investigated by a police official not below the rank of a deputy superintendent of police.

Appearing for Khap Panchayats, senior advocate Narender Hooda and NGO ‘Manushi’ founder Madhu Kishwar, attempted to dispel the wrong notion projected about Khap Panchayats as the villain of inter-caste marriages. Amicus curiae Raju Ramachandran suggested a way out by saying the court may rein in any assembly of persons without referring them as ‘Khap’.

The CJI agreed and said the court in its judgement would not use the word ‘Khap’ while referring to assembly of persons found to be intimidating adults who marry against parental wishes or find a life partner through inter-caste or inter-faith marriages.

The Centre said the police must take action to prevent crime against inter-faith and inter-caste couples and protect those living under the fear of physical annihilation by housing them in protection homes.