Issue Of Caste Looms Large Over Human Relationship With Strong Biases And Conditioning: Gujarat HC Directs SP To Escort Inter-Caste Couple To UP [Read Order]

The Division Bench of Justice Sonia Gokani and Justice N. V. Anjaria also observed,

"It is although not an issue, which needs to be dealt with by this Court, suffice to note that the issue of caste looms large over the human relationship with strong biases and conditioning."

Background

A petition was preferred under Article 226 of the Constitution of India for issuance of a writ of habeas corpus or any other appropriate writ, as the daughter of the petitioner was missing from 09.01.2020.

The police had also not lodged the First Information Report, as she was 18 years and 01 month old. Grievance on the part of the petitioner was that no whereabouts could be known of the daughter.

The Court issued the notice returnable on 02.09.2020 and ordered that the corpus be brought before the Court.

Court Proceedings on 23^rd September

Attempts were made by the police authority to trace and find the girl and, finally on Wednesday (23^rd September) she was brought before the Court and was presented through the video conferencing arranged at District Court, Vapi.

The Court conversed with the corpus, who had already married respondent No.3. She was already 18 years of age, when she chose to join respondent No.3. According to her, she is married to him. The marriage certificate was brought on record.

As per her version, she was very scared of her parents, as she is married in a different caste and, therefore, she chose not to reveal her departure to the parents, nor she had intimated her parents after leaving her parental home.

She was unwilling to join her parents and insisted to be with respondent No.3. Respondent No.3 also ensured to take good care of the corpus.

Respondent No.3 was earning his livelihood at Vapi, however, he stopped work at Vapi so as to go back to the State of Uttar Pradesh, as he felt unsafe to continue at Vapi.

The Court had requested the Additional District and Sessions Judges to ensure that the meeting between the parties is conducted in a cordial atmosphere. It was reported to the Court that meeting though went on cordially, there is no chance of any compromise.

Court's Order

In this context, the Court noted,

"Since the couple is desirous to go to the State of Uttar Pradesh and not to continue at Vapi, the Superintendent of Police, Valsad shall make an arrangement for them to be escorted till Prayagraj in the State of Uttar Pradesh. If necessary, he shall also communicate to his counterpart in the State of Uttar Pradesh so that the protection can be made available to the couple there also." (emphasis supplied)

Further, the Court observed,

"The corpus not being in illegal custody any longer and having married to the person of her choice, who incidentally is not from her own caste, there does not appear to be any reason for this Court to entertain this petition any further which is preferred by the parents by making a request for a writ of habeas corpus." (emphasis supplied)

Lastly, the Counsel for the applicant, as an officer of the Court, was directed to ensure and he shall also convey very firmly the order and directions issued by this Court to the petitioner, who shall attempt to take the law in the hands, for his grievance, recourse to the law can be resorted to. If done directly or indirectly, serious consequences shall be visited.

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