Non-Acceptability Of Inter-Caste Marriage Is A Social Issue, Requires To Be Dealt With: Punjab & Haryana HC

OVERVIEW

The Punjab & Haryana High Court recently observed the enormous amounts of petitions submitted by inter-caste couples looking for police protection and provided suggestion to address the issue in the case of Lovepreet Kaur v. State of Punjab.

BRIEF ACCOUNT

The single-judge bench consisting of Justice Avneesh Jhingan noted a number of instances in relation to the case at hand. 

The petition was filed by a couple who got married against their family wishes and approached the Court seeking protection and assurance that no coercive shall be initiated against them. The Court issued guidelines to the police officials, requiring them to record the statement of the petitioners and providing them with appropriate shelter in a safehouse until the next hearing.

“The non-acceptability of inter-caste marriage is a social problem which needs to be dealt at multifarious levels. The inter-caste is not the only reason for non-acceptability of marriage, there are numerous other socio-economic reasons acting as hurdles for the young couples for selecting life partner of their choice.”

The bench also noted that several other such petitions are submitted against the Court regularly. Further, most of the cases lack the proof of submission of representation of the relief-seeking parties, thus resulting in disposal of several such petitions. 

“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 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 eminent threat get mixed up in the number of petitions filed in routine.”

The Court also observed that the fact that couples seeking relief have to travel all the way to the Court in search of protection from threats further exposes them to the apprehension. Referring to Asha & Anr. v. State of Haryana & Ors., the judge reminded that the Court in the case had directed District & Session judges in Punjab, Haryana and Chandigarh to provide protection the inter-caste couples in search of protection.

“Over the period the picture thar emerged is that in spite of directions of this Court, for one reason or the other, the couples are still approaching this Court. In other words, in spite of direction of Division bench, the issue is not addressed.”

However, the Additional Secretary of the Punjab State Legal Services Authority Dr. Mandeep Mittal submitted that provision of ‘one-stop centers’ (Sakhi centers) under the Punjab government are functional and available for the welfare of female victims. To this, the Court responded,

“It would be appropriate to mention here that scope of working of these centers can be enhanced and their services can be utilized for dealing with the issues of such couples.”

CONCLUSION

The Court thus issued directives to the Additional Chief Secretaries (Home) and Directors General of Police of both states to provide assistance to the matter, thus adjourning the matter until March 22 for the next hearing.

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