Hindustan Times (Chandigarh)

‘Couples under threat should get protection’

HONOURING RIGHTS Centre asks SC to direct states that murders in name of ‘honour’ be registered by an officer not below rank of DSP

- Bhadra Sinha

NEWDELHI: The Centre requested the Supreme Court on Wednesday to direct the states to set up a special police unit in each district of the country to investigat­e complaints from couples fearing physical harm for marrying outside their caste or faith.

The government’s appeal is part of its measures to stop the harassment, attacks and even murder of young couples over perceived damage to a family’s “honour” that can involve eloping or officially registerin­g their marriage against their relatives’ wishes.

“Police must protect the couple under fear of physical annihilati­on by housing them in protection home or by any other means as they may deem fit,” the government suggested.

In response, a bench led by Chief Justice of India Dipak Misra reaffirmed the top court’s views that “when two consenting adults get married irrespecti­ve of their background, no relative or third person can oppose or interfere with violence or threat to their life”.

The government informed that it will enact a law to make “honour” crimes a cognisable offence. A draft bill is expected after all states give their suggestion­s, which is necessary because law and order is a state subject. So far 23 states have responded, while comments from six are awaited.

Until then, the police department in each state can initiate action under relevant sections of the Indian Penal Code (IPC).

The Centre asked the top court to direct states that every murder in the name of family honour be registered by an officer not below the rank of deputy superinten­dent of police. Action should be initiated against officers failing to ensure safety to a couple fearing an attack.

Additional solicitor general Pinky Anand, appearing for the Centre, suggested that couples fearing for their lives should inform the marriage officer at the time of registrati­on of their marriages.

The bench said it will pass a detailed judgment on a plea filed by Shakti Vahini, an NGO, which had moved the court in 2010 seeking protection of couples from controvers­ial diktats of “khap panchayats”.

Khaps are caste or community groups in villages that, at times and controvers­ially, become quasi-judicial bodies and pronounce punishment­s based on customs and traditions, which often lead to “honour” crimes.

Lawyers appearing for khap panchayats said their clients encourage inter-caste and interfaith marriages, but are against any relationsh­ip among close blood relatives of Hindus.

A DRAFT BILL IS AWAITED AFTER ALL THE STATES HAVE SUBMITTED THEIR SUGGESTION­S. SO FAR 23 HAVE RESPONDED WHILE COMMENT FROM SIX STATES IS EXPECTED

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