The Supreme Court on Monday refused to entertain a plea filed by a Hindu man in relationship with a Muslim woman seeking protection for the latter from her parents who were forcing her into marriage with another person [Dhanak of Humanity v. State of Uttar Pradesh].
The Bench of Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian granted leave to the petitioner to approach the Allahabad High Court instead.
The man claimed that life threats were issued to both by the girl’s parents, who had illegally confined their daughter. Despite this, the State of Uttar Pradesh had not followed the preventive measures issued by the top court with regard to honour killing cases.
The plea by NGO Dhanak of Humanity and Rajesh Kumar Gupta said that Gupta was in a relationship with Sahimun Nisha since 2015. They had tried persuading their parents, who did not agree to the marriage. Instead, the girl’s parents issued death threats to the couple.
When Gupta approached the police on February 23, 2021 to state that Nisha was under illegal confinement of her parents, he was informed that no special cell was constituted as per the Supreme Court’s Shakti Vahini judgment. Gupta was instead detained for three days and charged under the provisions of the Code of Criminal Procedure (CrPC).
The plea filed through advocate Sureshan P stated that the UP government failed to show urgency and attention to comply with the 2018 judgment of the Supreme Court, wherein directions were passed to take preventive steps and remedial measures for the protection of victims of honour killings.
The plea said that the detenue is under threat of forceful marriage, which is stated to take place on March 25. Since the Allahabad High Court has been non-functional, the petitioner had decided to approach the apex court.
The petitioners submitted they are grossly aggrieved due to the arbitrary and unconstitutional action of the respondents depriving them the right to equal protection of laws, and life and personal liberty as guaranteed under Articles 14 and 21 of the Constitution.
It was thus prayed that the detenue be produced before the top court or any other court or special cell. A direction to the State government to file an affidavit stating compliance with Shakti Vahini verdict was also sought.