Fearing Harassment By Vigilante Groups & Authorities, Interfaith Couple From UP Moves Delhi High Court, Gets Protection

The Bench of Justice Anu Malhotra was hearing the petition moved by Petitioner no. 1/Renu (changed name) & Petitioner no. 2/Rehan (changed name) through Advocates Vrinda Grover, Aakarsh Kamra & Soutik Banerjee.

While Renu is a 21 years old Hindu girl, Rehan is a 25 years old Muslim boy and their parental home is in Shahjahanpur, Uttar Pradesh.

About the Petition

In the plea, it was stated that they met each other in coaching classes and fell in love and thereafter, they decided to marry each other under the Special Marriage Act, 1954, out of their own free will and volition, without any intention of converting their respective religions.

It was submitted in their plea that the parents of Renu and her relatives opposed to this inter faith matrimonial alliance and were coercing and pressuring her to marry a man of their choosing.

It was also stated that Renu's parents and relatives had tortured her both, physically and mentally to dissuade her from marrying Petitioner No.2 (Rehan).

They also alleged that Renu's maternal as well as paternal Uncles had also threatened to bring harm to the life and limb of both Petitioners, if Renu does not live and marry according to the wishes of Respondent No. 3, the father of Renu.

Petitioners left UP

Under these circumstances, on 11^th December, the Renu, along with Rehan left their parental homes in Shahjahanpur and travelled to Delhi.

Thereafter, they approached the NGO, Dhanak for Humanity, seeking legal assistance, safety and refuge for themselves since they did not have any secure place of residence and apprehend grave harm and injury to their life, limb and liberty.

The said NGO has been working for the promotion of the Right to Choice of adults in matters of marriage and works against 'Honour-Based' Crimes and Forced Marriages in India.

Steps taken by the Petitioners

The Petitioners informed the P.S Sadar Bazar, Dist. Shahjahanpur, the Superintendent of Police (City), Shahjahanpur and P.S. Mayur Vihar about the Renu's decision to leave her parental home, citing the instances of violence and coercion.

Also, on 12.12.2020 Renu informed the SHO, PS Mayur Vihar vide an intimation letter which was duly received, expressing her desire to marry Rehan out of her own free will and volition under the Special Marriage Act.

With a view to secure protection, the Petitioners approached the Respondent No. 2 (the Department of Social Welfare, Govt. of NCT of Delhi) for being provided accommodation in a 'Safe House', as is their right under law.

However, allegedly, the request of the Petitioners was not allowed and they were turned away by the Respondent No. 2 on 14^th December.

Therefore, a petition was filed under Article 226 of the Constitution of India, seeking immediate and necessary intervention of the Delhi High Court.

Prayers

In the light of the above mentioned facts and circumstances it was prayed before the Court that:-

1. Direction be issued to the Respondents No.1, and 4 to provide adequate protection to the Petitioners who are presently residing at the premises of Dhanak of Humanity under the jurisdiction of Respondent No. 5;
2. Direction be issued to the Respondent No.2 to provide a safe house to the Petitioners and make appropriate arrangements for their accommodation;
3. Direct the Respondent No. 3 not to commit or omit any act designed to interfere or impede the Petitioners' decision to marry each other;
4. Direct the Respondent No. 4 to ensure that no coercive action is taken against the Petitioners;
5. Direct the Respondent No. 4 to ensure that in the event of any investigation carried out against the Petitioners by the Uttar Pradesh police, the Petitioners are not to be taken out of the territorial jurisdiction of this Hon'ble Court without prior permission of the Court.

Submission made before the Court

On behalf of the respondents No. 1,2 4 and 5 it was submitted by Dy. Director of Social Welfare Department, DSW, Government of NCT of Delhi, that the petitioners may seek the assistance of the said department of social welfare and that consequently, the adequate safe house in terms of the verdict of the Hon'ble Supreme Court in Shakti Vahini V. Union of India & Others: (2018) 7SCC 192 would be made available to the petitioners.

It was also informed that the SHO of PS Mayur Vihar was aware of the matter and that the numbers of the Beat Constable and the SHO concerned Police Station Mayur Vihar have already been provided to the petitioners and as and when required, adequate protection would be provided to the lives of the petitioner Nos. 1 and 2.

It was further informed that the number of the Beat Constable and the SHO concerned of the said area would also be provided to the petitioners.

Court's Order

The Court, in its order, said,

"In as much as the prayer clauses 3, 4 & 5, they are in the realm of speculations, no such orders in relation thereto can be granted presently."

In view of the submissions made on behalf of the State, the Court said, the State i.e. the respondent Nos. 1,2 ,4 and 5 would remain bound.

Accordingly, the petition was disposed of.

Row over UP's Ordinance

In related news, the Allahabad High Court on Friday (18^th December) stayed the arrest of a man booked by the UP Police under the recently promulgated Prohibition of Unlawful Conversion of Religion Ordinance, 2020.

A Division Bench comprising of Justices Pankaj Naqvi and Vivek Agarwal has asked the UP Police to not take any coercive action against the accused, Nadeem, until the next date of hearing. The Court said,

"Victim is admittedly an adult who understands her wellbeing. She as well as the petitioner have a fundamental right to privacy and being grown up adults who are aware of the consequences of their alleged relationship."

It may be noted at this juncture that the Chief Justice-led Bench has already issued notices on a batch of PILs challenging the ordinance and has fixed the case for hearing on January 7.

It may be noted that hours after, the ordinance was promulgated by Uttar Pradesh Governor Anandiben Patel on November 28, the police registered their first case against a Muslim man in the state's Bareilly district.

Further, the Uttar Pradesh police, on December 2, stopped a wedding between a 24-year-old Muslim man and a 22-year-old Hindu woman in Capital of Uttar Pradesh, Lucknow. The ceremony was to be solemnised as per Hindu rituals and had the consent of both families.

Allegedly, the police action was based on complaints they received from members of the Hindu Yuva Vahini.

Case Title – X & Anr. v. State of GNCT Delhi & Ors. [W.P.(Crl.) No. 2118/2020 and Crl.M.A. No. 17492/2020]

Click Here To Download Order

Read Order