Court Directs State Authorities to Implement Government Order for Ensuring Safety of Inter-Caste and Inter-Religious Couples
In a significant judgment, the Allahabad High Court, presided over by Justice Garima Prashad, has reinforced the protection of life and liberty for couples facing familial opposition due to marriage choices, particularly in cases of inter-caste and inter-religious unions. The court emphasized the adherence to the Government Order dated 31.08.2019, which mandates the assessment of threat perception and provision of necessary protection for such couples.
The judgment came in response to a writ petition filed by Smt. Samiya and another individual, both Muslims, who faced threats and harassment from the family of one petitioner due to their marriage. The couple, aged 20 and 33, had solemnized their marriage against the wishes of the family, leading to continuous harassment from the father of the petitioner.
The court referred to its previous directions in the case of Suman Ahirwar v. State of U.P. and others, which was grounded in the Supreme Court's judgment in Shakti Vahini v. Union of India. These precedents necessitated the establishment of an effective mechanism by the state to protect couples facing similar threats.
The Government Order dated 31.08.2019 requires police authorities to assess the threat perception and provide necessary protection, including safe accommodation. This order is particularly pertinent in cases involving Khap Panchayats or honor-based threats, where the risk assessment is crucial, and authorities must ensure compliance or face departmental action.
In the present case, following interim protection granted by the court in November 2025, the petitioners reported no further threats. However, the court clarified that if any genuine threats arise, the petitioners are free to approach the police for protection, which must be provided in alignment with the Government Order and Supreme Court directions.
The court also clarified that this judgment does not adjudicate the validity of the marriage or any allegations of coercion or criminal nature, leaving such matters to be addressed by appropriate authorities under existing laws.
Bottom Line:
Protection of life and liberty for couples facing threats due to familial opposition, inter-caste or inter-religious marriages is mandated under Government Order dated 31.08.2019. Authorities are required to assess threat perception and provide necessary protection, including safe accommodation, strictly in accordance with the guidelines.
Statutory provision(s): Government Order dated 31.08.2019, Shakti Vahini v. Union of India (2018), Suman Ahirwar v. State of U.P.
Smt. Samiya v. State Of U.P., (Allahabad) : Law Finder Doc id # 2852596
