Madras HC Allows A Victim Of Honor Killing To Hold A Memorial Meeting For Her Deceased Husband And Promote Inter- Caste Marriage

The Madras High Court bench comprising Justice G. Chandrasekharan recently allowed a petitioner to hold a meeting to promote and raise information about inter-caste marriage. The petitioner herself is a victim of the crime as her husband was killed because of it. The permission to hold the meeting was denied by the police but the petitioner thereafter approached the High Court with the present writ petition.

In the matter at hand the petitioner comes from Most Backward Community and she married a man belonging to scheduled caste. On account of this inter-caste marriage, caste fanatics assaulted Sankar with deadly weapons at the instigation of her parents and he was killed. On the second year death anniversary of Sankar, petitioner started a trust for creating awareness of inter-caste marriage and for promoting the same in the society in order to achieve casteless society. She sought permission to conduct the 7th memorial meeting in honor of deceased Sankar and promote inter caste marriage. However that representation was rejected by the respondent in proceedings.

It was submitted on behalf of the respondents that  if the proposed meeting is permitted, there is a possibility of law and order issue coming up. There is a ban against meeting and other assembly passed under Section 30(2) of TN City Police Act, 1888. It was further submitted that the brother of the deceased and more than 550 villagers are opposing this meeting. 

In the light of the aforementioned, the court observed that the it is not in dispute that petitioner is a victim to honor 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 honor 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.

CASE: KOWSALYA V. THE STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE 

W.P. NO. 7716 OF 2023