No FIRs in love marriages, orders HC
The Hyderabad High Court has directed the DGPs of both AP and TS to issue standing orders to all police stations that no FIR should be issued in the event of love marriage if proof is available that both the girl and boy are major or unless until it was established that the marriage took place under pressure, threat, intoxication, coercion or undue influence.
Justice Suresh Kumar Kait, in a recent verdict in a case with regard to love marriage, directed both the DGPs to also instruct police officers to investigate cases when parents of a girl lodge a complaint stating their daughter was missing or kidnapped. However, the police officers should be directed to close the FIRs whenever it is found that it is not a case of either girl missing or kidnap, but of love and the marriage was performed by mutual consent and both are major, and file the final report before the court.
The judge advised the police that their main duty was to maintain law and order. Whenever cases of inter-caste and inter-religion marriages come before them, they have to deal with them with utmost honesty and without forcing the youth who marry against the will of their parents to face their wrath.
Referring to objections of parents to inter-caste and interreligion marriages and also youngsters facing hardships when parents approach the police, the judge pointed out: “There are cases where parents live in the 21st Century; however, in event of inter-caste or inter-religion marriage, their thinking is of 18th Century”.
The judge said that there are “very rare examples in society where in cases of love, parents have solemnised marriages of their children in different caste or religion. They can write well and may also speak well about inter-caste and inter-religion marriages, but when the question is about their children, they are not near to what they say in society.”
The judge observed: “It cannot be disputed that every educated person will claim that he does not believe in casteism and he loves all religions, but when their children are in love and solemnise marriage, then upper caste, lower caste, rich and poor, including religion, comes to their minds.”
The judge opined if children do not agree with their thinking, then parents have no option but to accept or leave them to their fate.
He added: “The youth of this country is of very forward thinking. No one can control them. They do not mind solemnising inter-caste or inter-religion marriage.”
Though Justice Suresh Kumar Kait had given these directions prior to the recent SwathiNaresh love story, the directions assume significance and have become a discussion point in judicial circles after the tragic deaths of the lovelorn couple following their intercaste marriage.