Bombay High Court Asks Maha Govt To Send Hindu Boy And Muslim Girl To Newly Notified 'Safe Homes' For Interfaith & Intercaste Couples

The Bombay High Court on Thursday ordered the Maharashtra government to make arrangements for sending a Hindu boy and Muslim girl to the State's newly notified 'Safe Homes' meant for 'interfaith' couples, for their protection.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan was seized with a petition filed by a 23-year-old Hindu boy, who was in a relationship with a Muslim girl, who lived in Mira-Road, near Mumbai, seeking protection from their families.

According to the petition, the boy informed about his relationship to his parents living in Pune but his family 'violently' responded to the same and asked him not to keep any contact with the girl. Similar has been the response of the girl's family and thus, she left her house on December 15 and the couple, since being adults, applied for marriage under the Special Marriage Act.

However, the couple faced opposition from their respective families and thus, the petitioned the HC for 'safe accommodation' along with police protection.

On Thursday, when the mater was called out, senior advocate Mihir Desai, assisted by advocate Lara Jesani, informed the bench about the facts of the case. The advocates, further drew the attention of the bench on the circular issued by the Maharashtra government on December 18, by virtue of which the State has notified 'safe houses' to protect such interfaith couples from their parents and other social or religious groups that oppose the relationship.

The judges, upon considering the plea, also asked the petitioner boy to file an application before the Mira Road Police Station for protection, as prayed for in the petition since the boy stated that he will be resuming work from Monday (December 23) and apprehends threats from the parents of his partner, his own family and others.

Notably, along with the instant petition, the judges were also hearing a separate plea with regards to the safe houses for interfaith and intercaste couples.

During the hearing of that petition, the bench perused the circular, which had annexed along with it, addresses of the safe houses, which are identified at each district across Maharashtra. It also had annexed with it, a list of emails, and contact numbers, which could be contacted by interfaith or intercaste couples, if they are attacked or threatened by anyone opposing their relationship.

However, the judges noted that the language of the circular was not clear as it did not properly differentiate as to whether it applies on 'married' or 'unmarried' couples or both.

"Mr Prosecutor, your circular is not happily worded. Does it cover married and unmarried couples or not?" Justice Chavan asked Chief Public Prosecutor Hiten Venegavkar, who was assisted by Additional Public Prosecutor Prajakta Shinde.

However, on instructions, the prosecutor told the bench that the circular will cover both married and unmarried couples.

Further, the judges were informed by advocate Jesani that similar circulars have been issued in Chandigarh and Delhi, in compliance with the Supreme Court guidelines issued in the famous 'Shaktivahini' judgment for protecting interfaith and intercaste couples.

However, Justice Chavan was irked with this 'comparison' of Maharashtra with the northern parts of the country. He therefore, orally, remarked, "Don't you know khaap panchayats are still prevailing there (in northern India)... Maharashtra doesn't have khaap panchayats... You need to understand the social strata of the society so do not give examples of what happens in Chandigarh and Delhi..."

While recording the provisions of the circular in its order, the bench noted that it also provides for 'counselling' of such couples and particularly has a clause for 'punitive action' against those, who would harm or threaten the couple. It also provides a 24x7 dedicated helpline number (112) where such couples can call, as and when, needed.