The excessive court docket, whereas referring to a Supreme Court docket judgment, mentioned the highest court docket has recognised that caste continues to exert a powerful social affect in India, and that inter-caste marriages carry out a useful constitutional and societal operate by selling integration and decreasing caste divisions.
“Such unions, the Supreme Court docket has noticed, are within the nationwide curiosity and should obtain agency safety from any familial or communal interference,” Justice Sanjeev Narula mentioned in an order handed on November 4.
It additional mentioned the liberty to decide on a life accomplice is an intrinsic a part of private liberty and privateness below Article 21 of the Structure.
“The place two consenting adults resolve to marry or cohabit, neither household nor neighborhood can lawfully impede that selection or topic them to stress, social sanctions, or threats,” the excessive court docket mentioned.
The court docket's observations got here whereas granting police safety to an inter caste couple, who had been in a relationship for the previous 11 and meant to get married now.Nevertheless, the mom, sister, brother-in-law and different relations of the companions opposed their relationship and had been issuing threats, prompting them to strategy the court docket for cover.The couple sought instructions to Delhi Police to safe their security and to forestall interference with their choice to marry.
The counsel for the police mentioned {that a} designated constable's contact had already been shared with the couple, pursuant to an earlier criticism.
The court docket directed the station home officer of the jurisdictional police station to conduct a short threat-assessment of the couple forthwith.
It added that based mostly on its final result, the officer should take preventive steps permissible in legislation, together with however not restricted to applicable diary entries, beat patrolling close to the couple's present residence and different measures vital to discourage harassment or intimidation.
“If the petitioners report any menace or try at interference by respondent nos. 2 to six or some other individual, the police shall register a DD entry, prolong fast safety, and proceed in accordance with legislation,” the court docket mentioned.
It additional mentioned that these instructions are preventive and protecting in character and no opinion is expressed on the veracity of the allegations levelled in opposition to the respondent relations.
