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Judiciary

MP High Court Grants Police Protection to Couple Facing Honour Killing Threats over Marriage [Read Order]

By Saket Sourav      23 May, 2024 03:45 PM      0 Comments
MP High Court Grants Police Protection to Couple Facing Honour Killing Threats over Marriage

Madhya Pradesh: The Madhya Pradesh High Court has recently granted police protection to a couple who performed marriage without the consent of their parents and have received death threats from them.

The court also referred to Shakti Vahini vs. State of M.P., wherein the apex court took the matter of "Khap Panchayat" as well as "Honour Killing" very seriously and issued certain preventive, remedial, and punitive measures for state governments. The court held that if the petitioners receive any threat or fear for their life from their parents or anyone in the future, they may approach the Superintendent of Police, Gwalior along with their documents relating to age proof and marriage, record their statement, and inform the name of the person who is threatening them.

Additionally, the court also held that if the petitioners cannot approach the Superintendent of Police, Gwalior due to some reason and in case of emergency, they are permitted to approach the nearest police station to record their statements.

“If the petitioners are major and entered into the marriage voluntarily, then they should not be harassed by anyone just because they have an objection to their marriage. In the future, if the petitioners receive any threat or fear for their life from anyone, in order to avoid any harassment, the petitioners are certainly entitled to police protection,” the court held while granting police protection to the couple.

While dealing with the present issue, the court also referred to Lata Singh vs. State of U.P. & Another, wherein the Apex Court observed, "This is a free and democratic country and once a person becomes a major, he or 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 cut off social relations with the son or 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 administrative/police authorities throughout the country ensure that if any boy or girl who is major is harassed by anyone or subjected to threats or acts of violence, anyone 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 against such a person and further stern action is taken against such persons as provided by law."

In conclusion, the court, while disposing of the writ petition filed by the couple, held that if the Superintendent of Police/SHO finds that there is a threat to the life of the petitioners, he shall immediately take action per the direction given by the Apex Court in the case of Shakti Vahini.

[Read Order]



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