Gujarat High Court
Devrambhai Gagdasbhai Chaudhary vs State Of Gujarat on 5 November, 2020
Author: Sonia Gokani
Bench: Sonia Gokani, Nirzar S. Desai
R/SCR.A/6999/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 6999 of 2020
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DEVRAMBHAI GAGDASBHAI CHAUDHARY
Versus
STATE OF GUJARAT
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Appearance:
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4,5
JIRGA JHAVERI, PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 05/11/2020
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI) Rule. Learned APP waives service of rule for the respondent-State.
1. This is a petition under Article 226 of the Constitution of India, seeking following reliefs:
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2. Present petition is preferred by the brother-in-law of respondent No.5, who has married the person of her choice. The marriage, since, has not been approved by her parents and the community at large and more particularly, the father of respondent No.5, it is urged that this has stifled the couple and they are unable to move out, even to purchase the basic necessities and are living under constant threat and fear.
3. We have heard the learned Advocate, Ms. Lodha, appearing with learned Advocate, Mr. Popat, for the petitioner and learned APP, Ms. Jahveri, for the respondent-State.
4. Learned Advocate, Ms. Lodha, has urged that a communication has already been sent to the SP, Banaskantha, so also to the DGP of the State, but, the same have not been responded to, till date. She placed reliance on the decision of the Apex Court in 'LATA SINGH VS. STATE OF UP & OTHERS', (2006) 5 SCC 475.
4.1 It was a case filed by the girl-Lata before the Apex Court under Article 32 of the Constitution of India for the protection of her right to marry a person of her own choice. She also needed protection of her right of choosing a person for her life. The brother of the petitioner and the others made hue and cry about the marriage, since, it was an inter-caste marriage. They abused the girl and her in-laws and a police complaint was also given that she was not mentally fit and it was also alleged that the accused had abducted her. Pursuant to the complaint given by the brother of the girl, two sisters and husband of the girl along with others came to be arrested by the police. The brother of the girl also threatened the girl and her in-laws.
Page 2 of 5 Downloaded on : Sat Nov 07 03:56:32 IST 2020R/SCR.A/6999/2020 ORDER 4.2 In such circumstances, there was intervention on the part of the
State Women Commission and the National Human Rights Commission. The apex Court also considered the question, as to whether, the writ of certiorari or mandamus for quashing the trial against the petitioner-Lata and her in-laws could be issued. Consequently, the Apex Court not only provided protection to the girl and her in-laws but also directed, emphatically, to the police authority that neither the petitioner-girl nor her in-laws, in any manner, should be harassed or threatened. Further, the Apex Court also issued the detailed directions, as to how, in all cases of inter-caste marriage, there will be a specific positive role of the police and the State authorities. The police, all over the country, was directed to take strict actions against the persons, who commit violence or attempt for honour killing. Some of the vital aspects deserve reproduction, at this stage;
"Since several such instances are coming to our knowledge of harassment, threats and violence against young men and women who marry outside their caste, we feel it necessary to make some general comments on the matter. The nation is passing through a crucial transitional period in our history, and this Court cannot remain silent in matters of great public concern, such as the present one.
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 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 Page 3 of 5 Downloaded on : Sat Nov 07 03:56:32 IST 2020 R/SCR.A/6999/2020 ORDER 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, 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. 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 acts of barbarism.
In the circumstances, the writ petition is allowed. The proceedings in Sessions Trial No. 1201/2001 titled State of U.P. vs. Sangita Gupta & Ors. arising out of FIR No. 336/2000 registered at Police Station Sarojini Nagar, Lucknow and pending in the Fast Track Court V, Lucknow are quashed. The warrants against the accused are also quashed. The police at all the concerned places should ensure that neither the petitioner nor her husband nor any relatives of the petitioner's husband are harassed or threatened nor any acts of violence are committed against them. If anybody is found doing so, he should be proceeded against sternly in accordance with law, by the authorities concerned.
We further direct that in view of the allegations in the petition (set out above) criminal proceedings shall be instituted forthwith by the concerned authorities against the petitioner's brothers and others involved in accordance with law. Petition allowed.
4.3. What is missing is response on the part of the police, despite such clear authoritative pronouncements and piercing directions in case of such couples who would marry out of their own choice and despite the specific reiterative requestS made by the petitioner for grant of protection.
5. Here, is the case, where, the girl, according to the petition, was given away in child marriage. However,as rightly urged it was unacceptable to her and she has, now, chosen to marry the person of her own choice, which is not acceptable to the family and so called leaders Page 4 of 5 Downloaded on : Sat Nov 07 03:56:32 IST 2020 R/SCR.A/6999/2020 ORDER of the community whose harassment has no bounds.
6.1 In the above background, this application is ALLOWED. The Superintendent of Police, Banaskantha, shall provide protection to the couple WITHOUT any further delay, which shall continue, initially, for the period of THREE MONTHS. At the end of three months, the SP, Banaskantha, himself, shall take the call and shall REVIEW the situation. He shall additionally take the legal actions against all erring culprits without fail, following the law of the land.
6.2 The compliance report shall be sent to this Court and the Registrar (Judicial) shall PLACE the same on the record, even in the disposed of mater, within one week.
7. Let a copy of this order be GIVEN to the learned APP, Ms. Jhaveri, for onward communication and due compliance. Further, the office shall also send a copy of this order to the SP, Banaskantha, through E-MAIL or FAX, who shall be personally liable for granting the protection to the couple, FORTHWITH.
(SONIA GOKANI, J) (NIRZAR S. DESAI,J) MISHRA AMIT V./UMESH Page 5 of 5 Downloaded on : Sat Nov 07 03:56:32 IST 2020