Register FIR, Take Strict Action Against Those Who Threaten Couples Marrying Against Wishes Of Family: Ut'khand HC Directs DGP

The Uttarakhand High Court last week directed the Director General of Police, Uttarakhand State to ensure that in case any complaint is received with regard to threats being given to a young couple, or those who intend to get married, immediately an FIR should be registered, and strict action against should be taken.

The Bench of Chief Justice Raghvendra Singh Chauhan and Justice Alok Verma directed the State DGP to ensure that a circular issued in the regard be followed in letter and spirit asked him to take action against the delinquent officer.

Stressing that the adults have a right to marry a person of their choice, the Court added that no pressure tactic should be permitted either by the family members or by friends of the family.

Significantly, the Court observed that it is flooded by a number of criminal petitions being filed by those persons who, either intend to get married or have gotten married.

In many such cases, the Court observed, those who entered into an inter-caste and intercommunity marriage, or marriage against the wishes of the family, such persons are being threatened either by the family members or by anti-social elements.

Against this backdrop, the Court had earlier directed the Director-General of Police to issue a circular to the police force giving strict instructions that in case any complaint is received by any police officer with regard to such threat being given to a young couple, or those who intend to get married, immediately an FIR should be registered, and strict action against should be taken against those who threatened the young couple.

To this, when the Director-General of Police informed the Court that such a circular has been issued, however, in view of the fact that cases continue to come before the Court, he assured this Court that the said circular shall strictly be followed by the police force.

Essentially, the Court was dealing with a matter wherein a complaint with the police alleging harassment, however, no action was taken in the matter and therefore, the complainant moved to the High Court. 

Although an FIR was registered upon her second complaint, no substantive action was taken by the police against the named persons. Hence, the Court had asked the Director-General of Police to take action against the concerned S.H.O.  

Appearing before the Court, the DGP informed the Court that action had been taken against the concerned S.H.O. Further, the Deputy Advocate General appearing for the State, informed the Court that police protection had been provided to the complainant, and to her family members, and the subject property was being protected by the police.

Case title - Swaleha Hussain v. State of Uttarakhand & another

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