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2019 Supreme(Guj) 265

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Sonia Gokani, J.
Ushaben Kishanbhai Solanki W/o Karankumar Vasantbhai Rana - Applicant
Versus
State of Gujarat - Respondent
R/Special Criminal Application No.5197 of 2019
Decided On : 03-05-2019

Advocates Appeared:
For the Applicant : Satishkumar M. Prajapati.
For the Respondent: Mr. H.S. Soni, Addl. Public Prosecutor.

Headnote:

Criminal Law – Criminal Trial – Criminal Produce Code, 1973 – Section 144 and 151 – Seeking police protection – Threatening and Tormenting – Both parties have married against the wish and will of petitioner No.1. Marriage has been registered – On inquiry from both of them, they are apprehensive of severe actions from the parents of petitioner No.1. Parents are at Patan – Seeking direction to respondent no.2 & 3 to provide protection from the respondent no.4 and other relatives of the petitioner no.1 – Pleased to grant such other and further order(s) as deemed just and proper in the fact and circumstances of the case in the interest of justice – Held, Without loss of further time, petitioners shall need to be protected. Police officer in charge of concerned police station shall be responsible to provide such protection. District Superintendent of Police, shall also decide the length of protection to the couples – Petition stands disposed of. (Paras 5 and 6)

ORDER :

1. The present petitioners, therefore, humbly pray before this Hon'ble High Court as under:-

“(A) YOUR LORDSHIP be pleased to admit and allow the present Special Criminal Application;

(B) YOUR LORDSHIP be pleased to issuance of writ to mandamus and/or any other appropriate writ, order or direction in nature of mandamus, directing the respondent no.2 & 3 to provide protection from the respondent no.4 and other relatives of the petitioner no.1, as well as , direct respondent no.4 to stop threatening and tormenting petitioners, as well as, family members of petitioner no.2 in the interest of the justice;

(C) YOUR LORDSHIPS be pleased to grant such other and further order(s) as deemed just and proper in the fact and circumstances of the case in the interest of justice;”

2. Petitioners are before this Court seeking police protection. They both have married against the wish and will of petitioner No.1. Marriage has been registered on 25.04.2019. On inquiry from both of them, they are apprehensive of severe actions from the parents of petitioner No.1. Parents are at Patan.

3. The Apex Court in the case of Lata Singh vs. State of U.P. and another, 2007(1) GLH 41 has held and observed as under:-

“7. 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 county, and once a person becomes 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 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 or 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.

8. 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 act of barbarism.”

1. In another case, the Apex Court in the case of Shakti Vahini vs. Union of India, (2018) 7 SCC 192 has observed and held as under:

“51. We may note with profit that honour killings are condemned as a serious human rights violation and are addressed by certain international instruments. The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence addresses this issue. Article 42 reads thus:-

“Article 42 – Unacceptable justifications for crimes, including crimes committed in the name of so-called “honour” 44

(1) Parties shall take the necessary legislative or other measures to ensure that, in criminal proceedings initiated following the commis































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