In 2023, a petition was filed by an inter-faith couple who sought protection and safe accommodation in accordance with the Supreme Court’s 2018 Shakti Vahini judgment. The High Court had granted the couple interim police protection to facilitate their marriage registration in Mumbai. File
| Photo Credit: Vivek Bendre
The Bombay High Court on Monday [December 9, 2024] has asked the Maharashtra Social Justice and Home Department to prepare the draft policy circular for the safety and protection of inter-faith and inter-religion couples in Maharashtra.
Hearing the petition, a Division Bench of judges, comprising, Justice Revati Mohite-Dere and Justice Shivkumar Dige asked the Deputy Secretary of the Social Justice and Home Department if they have identified safe houses in different districts of Maharashtra. The Bench suggested that the government guest houses in every district of Maharashtra can be used as safe houses for couples facing safety concerns. “Since the number of people facing such issues is not so large, the State just has to make sure that the guest houses are designated for the purpose across the State and not limited to just Mumbai or Pune. The State guest houses also have a police presence, so the State government does not have to deploy additional force to provide protection to the couples.”
The Additional Public Prosecutor sought some time to provide the data on safe houses in the districts of Maharashtra for the protection of inter-faith and inter-caste couples. The State authorities submitted that they require more time to identify the safe houses across Maharashtra citing that there was an impending Maharashtra Assembly session, which will be held in Nagpur next week.
“We will not grant more time on this. Do not give us excuses of election, Code of Conduct or assembly session. Just show us a draft of the policy so we can suggest if there is any shortfall,” the Bench said and adjourned the matter for further hearing on December 20, 2024. The court has asked the State authorities to prepare the draft policy circular after considering the note submitted by the petitioners on the standard operating procedure [SOP] for the implementation of Shakti Vahini guidelines issued by the Supreme Court for protection of inter-faith and inter-caste couples.
In 2023, a petition was filed by an inter-faith couple who sought protection and safe accommodation in accordance with the Supreme Court’s 2018 Shakti Vahini judgment. The High Court had granted the couple interim police protection to facilitate their marriage registration in Mumbai. However since special cells were not created and safe houses had not been designated in Maharashtra, the court issued further directions towards implementation of the Shakti Vahini guidelines issued by the Supreme Court.
The Supreme Court in its order said that it is an individual’s fundamental right to choose their partner. The Apex Court had also listed preventive measures for the safety and protection of couples facing threats of honour killings.
The top court’s ruling directed the State authorities to identify districts with high cases of honour killings, establishing 24-hours helpline numbers, providing shelter for couples and ensuring their safety.
Appearing for the petitioners, senior advocate Mihir Desai and advocate Lara Jesani said that a brief note on the SOPs for safety and protection of couples has already been submitted in the last hearing that happened in October 2024 to the State government.
The note based on circulars issued by other states, asks the Maharashtra State to establish safe houses in every district of Maharashtra to protect the interfaith couples. The concept of safe houses should be publicised through advertisements to create awareness.
There should be toll free helpline numbers for any couples whether married or unmarried who fear threat to their safety and life for choosing a relationship.
The State authorities should also be sensitized to handle such cases and couples in distress should also be provided basic financial and legal assistance along with counselling.
The petitioners brief note on the SOP highlights crucial points for the safety of protection of inter-faith and inter-caste couples. The note also mentions the Supreme Court guidelines in Shakti Vahini 2018 case where the court had directed the Special Cell for couples to create a 24 hours helpline for their protection.
Published – December 10, 2024 01:42 pm IST