"Sensitive Matter": Delhi High Court Grants Protection To Inter Faith Couple Apprehending Honour Killing

The Delhi High Court has granted police protection to an inter faith couple who was apprehending honour killing at the hands of woman's family members, after observing that their constitutional right to life and liberty was under threat.

Noting that the matter was sensitive in nature as the parties belonged to different religious communities, Justice Chandra Dhari Singh said:

"There is no doubt that the present matter is of sensitive nature as the parties involved belong to different religious communities. The right to life and liberty is guaranteed by the Constitution of India and the same is an essential right to be protected, and in the present matter the Petitioners right was under threat at the instance of Respondents No. 3 to 5."

The Court was dealing with a protection plea filed by the couple seeking directions on the police to protect their life and liberty from family members of the woman, being respondents no. 3 to 5 in the matter.

While the woman was 26 years of age, the man was 24 years old. The couple had married each other in an Arya Samaj Mandir as per Hindu rites and ceremonies after having a love affair.

This was after the woman's family members had mercilessly beaten her and were planning to get her married to a muslim man. Therefore, in order save her life, she left her parental house and joined the company of the man with her own free will and consent.

Prior to the solemnization of marriage, the woman was converted to Hindu religion and her name was also changed. After she intimated her family members about her marriage, they started threatening to kill the couple as a question of prestige was attached in the case.

The couple therefore apprehended of honour killing, since the respondents were narrow minded people. They believed that there was a real threat that the Respondents alongwith their associates will go beyond legal limits to get revenge from them.

Earlier, the Court had granted protection to the couple and made the Delhi Police officials including an ACP and SHO of the concerned area liable in case of any lapse in the couple's security and protection.

During the course of hearing last week, the Respondents undertook through their counsel that they will not act in any manner which may obstruct the couple's rights guaranteed to them under the Constitution of India and will let them live a peaceful life without any interference.

"Keeping in view, the sensitivity of the matter, the submissions of learned counsel appearing on behalf of the Petitioners and undertaking given by learned counsel appearing on behalf of Respondents No. 3 to 5, the instant petition is disposed of with direction to the concerned Police Station to give all necessary and adequate protection to the Petitioners," the Court ordered.

The plea was accordingly disposed of.

Delhi High Court Grants Protection To Inter Faith Couple Facing Threats From Woman's Family, Makes Police Officials Liable For Lapse In Their Security

Title: Title: FARHEEN SAINI & ANR v. STATE OF NCT OF DELHI & ORS

Citation: 2022 LiveLaw (Del) 67

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