Shivani v. State of Uttarakhand
Case brief
What is this about?
The bench granted direction to theSenior Superintendent of Police, Haridwar to ensure that administration and police authorities protect major individuals who have undertaken inter-caste or inter-religious marriages from harassment or threats by family members, relying on the Supreme Court's mandate in Lata Singh.
What did the court decide?
The S.S.P., Haridwar was directed to ensure that administration/police do not harass major couples in inter-caste or inter-religious marriages and take stern action against those who threaten them as
What the court decided
WPCRL No.1084 of 2019 Hon’ble Alok Singh, J. Hon’ble Ravindra Maithani, J.
Mr. Rajat Mittal, Advocate for the petitioners.
Mr. G.S. Sandhu, Government Advocate assisted by Mr. Kuldeep Singh Rawal, Brief Holder for the State of Uttarakhand.
Heard.
Petitioners have approached this Court seeking protection from respondent nos.3 to 9.
According to the petitioners, both are major and are in love. Their marriage got solemnized on 02.07.2019. The copy of the marriage certificate is annexed as Annexure No.1 to the petition. Family members of petitioner no.1 are not happy with the marriage and are extending threat to the petitioners.
Individuals, who are major and competent to marry, are free to marry anyone they like. If family members of any individual are not agreeable to such marriage, the law does not empower them to extend threats or harass such individuals.
In the case of Lata Singh vs. State of U.P. and Another, (2006) 5 SCC 475, Hon’ble Supreme Court directed as hereunder:-
“17………………We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.”
Issues for consideration
2 issues framed by the court
Whether the police and administration are mandated to protect major individuals engaged in inter-caste or inter-religious marriages from harassment and threats by family members.
Whether the State can be directed to ensure compliance with Supreme Court directives regarding protection of marriageable couples from harassment.
Parties & counsel
- petitioner
Petitioners
- respondent
State of Uttarakhand
Coram
Alok Singh
Case details
As recorded by the court registry
- Court
- Uttarakhand HC
- Decided on
- · July
- Registered
- Case no.
- WPCRL/1084/2019
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