Punjab-Haryana High Court
Laxmi Bharti And Another vs State Of Haryana And Others ... on 22 February, 2011
Author: Ritu Bahri
Bench: Ritu Bahri
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM No. M-3908 of 2011
Date of Decision: 22.2.2011.
Laxmi Bharti and another --Petitioners
Versus
State of Haryana and others --Respondents
CORAM:- HON'BLE MRS.JUSTICE RITU BAHRI.
Present:- Mr. Jaspreet Saini, Advocate for the petitioners.
Mr. Kshitij Sharma, A.A.G., Haryana.
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RITU BAHRI.J Status report has been filed by Sh. Samir Mathur, Financial Commissioner & Principal Secretary to Govt. Haryana, Home Department on behalf of the State. As per the status report after examining the difficulties faced by the young couples and in compliance of the order dated 15.10.2010 the State of Haryana has issued detailed instructions on 21.2.2011 in the matter of CWP No. 6717 of 2009 titled as Asha Kaur Vs. State of Haryana & others. The following directions have been issued:-
i) The direction of this Court dated 31.3.2010 granting liberty to couples who have married against the wishes of their parents to approach the District & Sessions Judges in Punjab, Haryana and U.T. Chandigarh for grant of protection is made absolute.
ii) The Police Officers are directed to deal sternly with parents/relatives/other members of the society who threaten such couples and create law and order situation. The State of Punjab and Haryana as also the Union Territory of Chandigarh are directed to ensure that the protection CRM No. M-3908 of 2011 -2- centres indicated by them in various affidavits are properly run so that protection can be given to run away couples.
iii) The State of Punjab, Haryana and the Union Territory of Chandigarh are further directed to form mediation/counselling cells in the offices of Commissioner/Sr. Superintendents of Police to guide parents, relative and such couples to live in peace.
iv) The State of Punjab, Haryana and the Union Territory of Chandigarh are also directed to counsel Gram Panchayats in villages and create Special Cells in cities so as to prevail upon resisting parents/relatives to reconcile with such couples and they be prevailed upon not to take as threat to their honour or family honour at all.
v) False cases be not registered at the behest of parents/relatives under Sections 363/366/376 IPC against such couples who are majors.
vi) Arrest be normally deferred till absolutely necessary in such cases and criminal force against the boy/groom be avoided. Vii) The State of Punjab, Haryana and the Union Territory of Chandigarh are directed to advertise the existence of such protection centres all over the respective states prominently at all police stations and also by issuing periodically advertisements in various Media. The State of Punjab and Haryana are further directed to ensure that a Registrar of Marriages should visit each protection centre at-least once a week at a fixed time and date. However, the visit by the Registrar of Marriages in U.T. Chandigarh shall be at least thrice a week unless there is no occupant of such centres or there is no requirement by a couple for Registration. Viii) The State Legal Services Authorities/the District Legal Services Authorities in the States of Punjab, Haryana and the Union CRM No. M-3908 of 2011 -3- Territory of Chandigarh are directed to depute some legal service counsel at the said centres at-least three times a week to provide legal assistance/counselling to such couples who desire that.
ix) There shall be a Committee at every District Headquarters comprising of Deputy Commissioner, Superintendent of Police and District Social Welfare Officer of the district concerned. In districts having Police Commissioner system, the Committee would comprise of Divisional Commissioner, Police Commissioner and District Social Welfare Officer of the district concerned. It would be the duty of this Committee to ensure that directions issued by the respective States, as well as by this Court are implemented in letter and spirit.
x) Initially the run away couples will be provided shelter at the Protection centres/shelter homes for a period of ten days. During the said period the threat perception shall be reviewed by the above Committee. The period of shelter may be further extended by the Committee from time to time, keeping in view the threat perception depending on the circumstances in each case.
xi) It is further directed that for the first ten days, no boarding and lodging charges would be payable by such couples. In case any such couple is constrained to take shelter at the protection centre for a longer period, each committee would determine reasonable charges therefore or given the social circumstances of the couple extend the free stay of the couple for such period as deemed necessary in the facts of the case."
Learned State counsel states that the implementation of these instructions will take some time. After going through the detailed instructions issued by the State, it is accepted that as and when the CRM No. M-3908 of 2011 -4- protection centres are set up, young couples will not have to rush to this Court to get appropriate protection. As per the instructions legal service counsel will be assisting the centres at least three times a week to provide legal assistance/counselling to such couples. The Committee is directed to be set up in every district headquarter comprising of the Deputy Commissioner, Social Welfare Officer of the district concerned. The Police Commissioner shall also be part of this Committee. This Committee will be implementing these instructions in letter and spirit.
In view of the detailed instructions issued, this petition is disposed of making the interim order absolute and petitioners are at liberty to approach the Committee, set up in due course of time for further proceedings.
(RITU BAHRI) JUDGE 22.2.2011.
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