'Honour Killing Can't Be Ruled Out': Allahabad HC Protects Adult Married Couple, Says SSP Will Be Answerable If Harm Ensues
Reinforcing individual autonomy and constitutional liberties, the Allahabad High Court on Monday restrained the family members of a 23-year-old woman from harassing her and her major husband, with whom she had willingly entered into marriage in an Arya Samaj temple. The woman, along with her husband, had approached the Court seeking protection after an FIR was lodged by the woman's...
Reinforcing individual autonomy and constitutional liberties, the Allahabad High Court on Monday restrained the family members of a 23-year-old woman from harassing her and her major husband, with whom she had willingly entered into marriage in an Arya Samaj temple.
The woman, along with her husband, had approached the Court seeking protection after an FIR was lodged by the woman's father against the husband under Section 87 BNS [Kidnapping, abducting or inducing a woman to compel her marriage, etc.].
Apprehending the possibility of serious violence, including the threat of an honour killing, a Bench comprising Justice JJ Munir and Justice Anil Kumar-X warned that the Senior Superintendent of Police concerned would be personally answerable to the Court in the event any harm is caused to the petitioners.
In its order, the division bench specifically stressed that, being adults, the petitioners have a choice to stay and live with whomsoever they like. The bench also termed it as 'surprising' that the police lodged the FIR and started investigating the matter, knowing it well that the petitioners are adults.
“The social norms may dictate otherwise, but the Constitution grants them the freedom by virtue of Article 21 and the entire gamut of liberty guaranteed to an adult,” the court observed in its order.
In the present case, the petitioners, who claimed to have married each other of their own free will, alleged that, in addition to the FIR, they were also receiving death threats from the woman's father and other family members.
Taking into account the seriousness of the matter and noting that some kind of violence was not ruled out as the informant had gone to the extent of lodging an FIR, the bench issued notice to the respondents and sought their counter in three weeks.
The bench also stayed the arrest of the petitioners in the matter and restrained the respondents from harassing and contacting the petitioners, directly or indirectly, either through social media, telephone or otherwise, or in any manner forcibly separating the couple.
Case title - Priya Solanki And Another vs. State Of U.P. And 3 Others