Jammu & Kashmir High Court - Srinagar Bench
Nusrat Jan & Anr vs State Of J&K; & Ors on 16 November, 2017
Author: Dhiraj Singh Thakur
Bench: Dhiraj Singh Thakur
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
OWP No. 1874/2017
MP No. 01/2017
Date of order:16.11.2017
Nusrat Jan & Anr Vs. State & ors
Coram:
Hon'ble Mr Justice Dhiraj Singh Thakur, Judge
Appearing counsel:
For the petitioners: Mr Bilal Ahmad Khan, Advocate
For the respondents: None.
1. Petitioners admit to have entered into wedlock and claim to have attained age of maturity. Is it stated that the respondents are hell bent to harass the petitioners by lodging false case against them. They, therefore, seek protection from this court.
2. The petitioners are not present.
3. In similar circumstances where parties had entered into wedlock of their own free will and volition, the Hon'ble Supreme Court in Lata Singh v. State of UP and anr, AIR 2006 SC 2522 has held as under:
"14. This case reveals a shocking state of affairs. There is no dispute that the petitioner is a major and was at all relevant times a major. Hence she is free to marry anyone she likes or live with anyone she likes. There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law. Hence, we cannot see what offence was committed by the petitioner, her husband or her husband's relatives............................................................
17. 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 OWP No. 1874/2017 Page 1 of 2 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 country, and once a person becomes a 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 nor subjected to threats or acts of violence, 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."
4. In view of the above, this petition is, accordingly, disposed of at this stage, with a direction that the respondents shall ensure the protection of life and liberty of the petitioners and shall take appropriate steps strictly in accordance with the ratio of the judgment (supra).
5. Writ petition is disposed of as above.
(Dhiraj Singh Thakur) Judge SRINAGAR November 16 ,2017 "Imtiyaz"
OWP No. 1874/2017 Page 2 of 2