State must provide protection for couples facing familial opposition in inter-caste or inter-religious marriages, as mandated by Government Order.

1. Heard learned counsel for the petitioners and learned Standing Counsel appearing for the respondent Nos.1 to 3.

2. This writ petition has been filed praying for the following relief:-

"I. Issue a writ order or direction in the nature of Writ of Mandamus commanding and directing the respondent No.1 to 3 to protect the life of the petitioners and also direct the respondent No.2 & 3 to grant protection to the petitioners from illegal hindrance of respondent No.4 in peaceful marital life of the petitioners and not to harass the family members of the petitioner No.2."

3. It is submitted that the petitioners, both major Muslims, aged about 20 years and 33 years, have solemnized their marriage against the wishes of the family of petitioner No.1. It is stated that owing to the age difference and the apprehension that this is not the first marriage of petitioner No.2, the father of petitioner No. 1 is continuously harassing and threatening the petitioners, thereby disturbing their peaceful married life and causing apprehension to their life and liberty.

4. Instructions had been sought from the respondent authorities. Learned Standing Counsel, upon receiving instructions, submits that this is the first marriage of the petitioners.

6. The said Government Order mandates that the police authorities shall assess threat perception in each case, extend necessary protection, including safe accommodation and security shall be provided depending upon the gravity of the situation. It further provides that cases involving Khap Panchayats or honour-based threats are to be treated as serious matters, however even in other cases of familial opposition, the authorities are duty-bound to evaluate risk and grant appropriate relief. Failure to comply with these directions has been made punishable by departmental action. The relevant extract of the aforesaid Government Order dated 31.8.2019 reads as under:

7. For convenience, the english translated version of the above quoted extract of the Government Order dated 31.8.2019, is reproduced below:-

“3(2) Remedial Measures

(a) ...

(b) ...

(c) Additionally, the security should be provided to the couple/family members and, if necessary, they should be kept at a safe house within the same district keeping in mind their safety and threat perception.

(i) young unmarried couples whose relationship is being opposed by their families or local khap.

(ii) such young married (girls/boys) who relate to an inter-caste or inter-religious marriage, arrangement should be made to keep them safe in secure houses under the supervision and instructions of the jurisdictional Magistrate and Superintendent of Police.

(d) The District Magistrate/Superintendent of Police must deal with the complaint regarding threats administered to such a couple/family with utmost sensitivity. It should be first ascertained that such unmarried couples, if they are adults, should be provided support in the registration process of their marriage. After the marriage, if the couple so desire, they should be provided accommodation on payment of nominal charges in a secure house for a period of one month but not exceeding one year in aggregate, depending on their threat assessment on case to case basis.

(e) The inquiry regarding the complaint received from the unmarried couple or a young married couple or upon receiving information from an independent source that they are being opposed by them/local community/Khap, shall be conducted. The District Magistrate/Superintendent of Police or Additional Superintendent of Police shall conduct a preliminary inquiry in relation to the gravity of the case and threat perception and he shall submit a report to