Kalpana Yadav and another vs State of Punjab and others

The Constitutional philosophy completely eradicates discrimination on the grounds of casts, creed, religion, domicile etc. It has propounded the

equality and freedom. But after a lapse of 67 years since after coming into force of the Constitution of India, the Citizens, especially in the ruralities,

are under the influence of orthodox phenomina and believe in the traditional societies.

The social values in ancient society had propounded freedom, liberty and equality but the shackles of millennium long slavery made the society

complexened one and it resulted into the darkest aspect of castism. Hon''ble Supreme Court of India in case ""Lata Singh Vs. State of U.P. &

Anr."" Reported as 2006 (5) SCC 475; has observed in para No.17 & 18 as under:-

The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when

we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest

as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young

men and women who undergo inter caste marriage, are threatened with violence, or violence is actually committed on them. In our

opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severally punished. This

is a free and democratic country, and once a person becomes a major he or she can marry whosoever he / she likes. If the parents of

the boy or girl do not approve of such inter caste or inter-religious marriage the maximum they can do is that they can cut off social

relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the

person who undergoes such inter-caste or inter-religious marriage. We, therefore, direct that the administration / police authorities

throughout the country will see to it that if anybody or girl who is major undergoes inter-caste or inter-religious marriage with a

women or man who is a major, the couple are not harassed by anyone nor subjected to threats or acts of violence, anyone 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 person as provided by law.

We sometimes hear of ''honour'' killings of such persons who undergo intercaste or interreligious marriage of their own free will.

There is nothing honourable in such killings, and in fact they are nothing but were barbaric and shameful acts of murder committed by

brutal, feudal minded persons who deserve harsh punishment. Only in this way can we stamp out such acts of barbarism.

Smt. Kalpana Yadav, aged about 22 years and her co-petitioner Rajni Kant is also adult of about 27 years. They have tied nuptial knot on

18.12.2017 in a proper and recognized form of marriage i.e. as per Hindu Rites and Ceremonies at Shri Vishwakarma Mandir, Ambedkar

Chowk, Jalandhar. Since after they are residing together but they apprehend danger to their life, limb and liberty from the hands of private

respondent No.4.

Being the citizens of independent India, both of them have right to reside with honour and dignity. Therefore, they have sought the protection

from the hands of private respondent No.4 and they also sought direction to respondents No.2 to 3, to provide them protection.

They claimed to be legally married with each other. They have every right to seek the protection of their life, limb and liberty. Article 21 of The

Constitution of India guarantees the protection of their lives but the private respondent No.4 , is posing threats and danger to their life, limb and

liberty.

This Court in ""Pardeep Kumar Singh versus State of Haryana"" - 2008(3) RCR (Criminal) 376 (P&H) had made the following observations with

regard to run away couples:-

i) Whenever any intimation is received by the SSP/SP of concerned District regarding the marriage of a young couple with a threat

and an apprehension of infringement of the right of life and liberty by the police at the instance of the family members of one of the

spouses, the SSP/SP concerned will consider the representation and will himself/herself look into the matter and issue necessary

directions to maintain a record of the said intimation under Chapter 21 of the Punjab Police Rules.

ii) On receipt of abovesaid intimation of marriage by any police officer, necessary directions will be issued to the concerned Police

Station to take necessary steps in accordance with law to enquire into the matter by contacting the parents of both and girl- The

matter regarding age, consent of the girl and grievance of her family will be determined-In the eventuality of any complaint of

kidnapping or abduction having been received from any of the family members of the girl generally the boy (husband) will not be

arrested unless the until the prejudicial statement is given by the girl (wife) - Arrest should generally be deferred or avoided on the

immediate receipt of a complaint by the parents or family, members of the girl taking into consideration the law laid down by Hon''ble

Supreme Court in Joginder Kumar''s case (supra);

iii) If the girl is major (above 18 years), she should not forcibly be taken away by police to be handed over to her parents against her

consent- Criminal force against the boy should also be avoided.

iv) So far as the threat to the young couple of the criminal force and assault at the hands of the private persons is concerned, it would

always be open to the police to initiate action if any substantive offence is found to have been committed against the couple;

v) In case of any threat to the breach of the peace at the hands of the family members of the couple it will always be open to the State

authorities to take up the security proceedings in accordance with law;

vi) It will not be open to the ""run away couple"" to take law in their hands pursuant to the indulgence shown by the police on the basis

of their representation sent to the SSP/SP of the concerned District;

vii) If despite the intimation having been sent to the SSP/SP there is an apprehension or threat of violation of right of personal life and

liberty or free movement, the remedy of approaching the High Court should be the last report;

viii) In case there is an authority constituted for issuance of marriage certificate as per the law laid down by Supreme Court in

Seema''s case (supra) in the concerned districts, the couple of so called ''run away marriage'' should get the marriage registered in

compliance with the directions of the Supreme Court and a copy of the same should also be forwarded to the police alongwith the

representations or any time subsequent thereto.

ix). Nothing said hereinabove will prevent the immediate arrest of a person who fraudulently entices a girl with false promises and

exploits her sexually as per the statement of the girl.

Keeping in view the circumstances of this case, the Court hereby issue directions to State of Punjab as well as to the concerned Superintendent

of Police, Jalandhar to examine and consider the case of petitioners and if it is found that there is real and genuine threat to their life, limb and

liberty at the hands of respondent No.4, then they will be provided protection forthwith. If the situation so demands, the petitioners be also

provided facility of Protection Home as per their requirement. However, this order shall not be applicable in case any act / conduct of any of the

petitioners pertaining to the application, amounts to an offense. Petition stands disposed of accordingly. A copy of this order be sent to the State of

Punjab and Superintendent of Police.