Allahabad High Court Grants Protection to Couple, Bars 'Honour Issue' Claims
The Allahabad High Court has issued a significant order granting protection to a couple who married by choice, explicitly stating that no individual or group can create an "honour issue" from the personal decision of consenting adults to marry. This ruling comes in response to the couple's genuine fears of potential honour killing at the hands of the woman's family members.
Court's Firm Stance on State Responsibility
In a detailed order dated March 25, a division bench comprising Justices JJ Munir and Tarun Saxena emphasized that it is the fundamental duty of the state to protect the life, limb, and property of citizens, even when threats originate from their own family members. The bench made this clear while hearing a petition from the couple who sought relief from a criminal case registered under Section 87 of the Bhartiya Nyaya Sanhita (BNS), which addresses kidnapping or abduction of a woman to compel marriage.
Background of the Marriage and Legal Proceedings
The petitioners informed the court that they solemnized their marriage at an Arya Samaj temple and possess a valid marriage registration certificate issued under the Uttar Pradesh Marriage Registration Rules of 2017. Despite this legal validation, the woman's family members strongly opposed the union and subsequently filed what the couple described as a bogus First Information Report (FIR) against them.
The couple submitted a joint affidavit expressing serious apprehension of an honour killing orchestrated by the woman's family. After hearing their submissions, the High Court determined that a prima facie case had been established and stressed that no person can transform the personal choice of a major into an "issue of honour."
Interim Protection Measures Ordered by the Court
As an immediate interim measure, the court issued several protective directives:
- The petitioners shall not be arrested in connection with the ongoing criminal case.
- The woman's family member, along with all relatives, is prohibited from harming the petitioners, entering their residence, or establishing any form of contact—whether directly or through electronic communication means.
- The Senior Superintendent of Police (SSP) in Aligarh has been directed to ensure that no harm comes to the couple from the opposing respondents or their associates.
Legal Process and Future Hearing
The court has issued formal notice to the private respondent, granting them a two-week period to file a counter-affidavit. This step ensures that all parties have an opportunity to present their arguments before the court makes a final determination. The case has been scheduled for its next hearing on April 8, where further proceedings will take place.
This ruling underscores the judiciary's role in safeguarding individual freedoms and preventing violence under the guise of honour, setting a precedent for similar cases involving consenting adult marriages.
