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ALKA SHARMA & ANOTHER. versus STATE OF HARYANA & ORS.

High Court of Punjab and Haryana, Chandigarh

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Alka Sharma & Another. v. State of Haryana & Ors. - CRM-60535-m-2006 [2006] RD-P&H 7580 (21 September 2006)

Crl. Misc. No.60535-M of 2006 [1]

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Criminal Miscellaneous No.60535-M of 2006 Date of Decision : September 29, 2006

Alka Sharma & Another.

.....PETITIONER(S)

VERSUS

State of Punjab & Others.

.....RESPONDENT(S)

. . .

CORAM:- HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT:- Mr. Lakhwinder S. Sidhu, Advocate, for the petitioners.

. . .

AJAI LAMBA, J. (Oral)

The petitioners through this petition seek directions for protection of their life and liberty. The petitioners allegedly got married against the wishes of their parents. In the contention of learned counsel for the petitioners, there is a reasonable apprehension of threat from respondent No.4. The Hon'ble Supreme Court of India taking serious note of such instances in Lata Singh Versus State of U.P. & Another, JT 2006(6) SC 173 has observed in the following terms:- "7. 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

Crl. Misc. No.60535-M of 2006 [2]

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

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

Crl. Misc. No.60535-M of 2006 [3]

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.

8. 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."

Considering the facts of the case and the observations made by the Hon'ble Supreme Court, direction is issued to the Senior Superintendent of Police, Mohali i.e. respondent No.2 to treat a copy of this petition as an application and have an enquiry conducted. If the circumstances so warrant, adequate security would be provided to the petitioners so as to ensure protection of their life and liberty.

Disposed of.

(AJAI LAMBA)

SEPTEMBER 29, 2006 JUDGE

avin


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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