Inter-Caste Couples Seek Relief from Punjab & Haryana High Court

This week, the Punjab & Haryana High Court noted the increasing number of petitions filed before it by inter-caste couples requesting police protection and sought suggestions to resolve the growing menace.

In its order, the Court noted that the non-acceptability of inter-caste marriages was a social problem that needed to be dealt with at multifarious levels. The inter-caste aspect was only one of the numerous other socio-economic reasons acting as hurdles for the young couples for selecting a life partner of their choice.

Justice Avneesh Jhingan made a number of observations on the subject in the light of a petition filed by a couple who had married against the wishes of their families and sought assurance from the Court that no coercive action be taken against them. The Court ordered the police to record the petitioners' statements and to provide them with a secure shelter before the next hearing date.

The Court noted "The petitions of such nature are either disposed of, without commenting on the validity of the marriage and directing the official respondents to consider the representation or notice of motion is issued to the official respondents. In latter[sic] case by the next date, the police officials record the statements of the petitioners. By and large, the statement is that there is no threat perception existing. The net result is that the petitions involving real serious and imminent threat get mixed up in a number of petitions filed in routine."

Acting empathetically to the woes of these couples, the Court drew attention to the difficulties endured by couples, who travel all the way to the Court, further exposing themselves to such threats.

In its previous order, the Court asked the Advocates General of Punjab and Haryana, as well as the various office holders of the State Legal Services Authority of both States, as well as the Union Territory of Chandigarh, to appear before it. The recommendations made by these lawyers to deal with the issue at hand included:

• Availability of Safe Houses in each district of both the States and in the Union Territory of Chandigarh.
• Such couples should be equipped with a website or online module to present their grievances without being physically present.
• Providing 24x7 support desk at Tehsil level for filing such complaints by aggrieved persons or through someone 
• An existing cell in the police department may be deputed or a new cell may be formed to deal with these cases in a time-bound manner, in any case not longer than 48 hours.
• Additionally, the Court indicated that the Legal Services Authority should be able to set up a 24x7 support desk in the vicinity for such couples with telephone service and Internet access.

The Court concluded by clarifying the entire endeavour of the exercise was to find a workable mechanism to ensure the protection of life and personal liberty as guaranteed under Article 21 of the Constitution of India so that only in exceptional cases, the couples have to take the trouble to approach Courts alleging infringement of their rights.

The matter is to be next heard on March 22.