Interfaith Couple of UP Got Protection from Delhi High Court.
(Judicial Quest News Network)
The Delhi High Court on Wednesday granted protection to an interfaith souple from Uttar Pradesh.
With a view to secure protection the couple had approached the Department of Social Welfare, Govt.of NCT of Delhi, for being provided accommodation a ‘Safe House’, as is their right under law. However, the request of the petitioners was not allowed and they were turned away by the Department, further no, no alternative location for accommodation was suggested to the petitioners, thus jeopardizing the right to life, liberty and privacy.
Recently the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020, Commonly known as the ‘love jihad’ law, passed.
the Petitioners have contended that petitioners have a fundamental right to life and personal liberty under Article 21 of the Constitution which is being violated by the Respondent No.3 and his agents, by subjecting the Petitioner No. 1 to physical harm,
emotional abuse, threats and coercion, thereby interfering and obstructing the Petitioners from exercising their free will and choice in deciding their marriage partner, which they being adults are entitled to exercise as a human and constitutional right.
The Delhi High Court while directing the order said that respondent no 4 (Deputy Commissioner of Police) should ensure that no coercive action is taken against the petitioners and that respondent No 4 (Deputy Commissioner of Police) be directed to ensure that in the event of any investigation carried out against the petitioner by the Uttar Pradesh police the petitioners are not only to be taken out of the territorial jurisdiction of the respondent No 5.(SHO, Police station Mayur Vihar New Delhi).
According to the plea, the 21-year Hindu women met the 25 years-old Muslim Man at a coaching Centre in Shahjahanpur. They fell in love and wanted to get married under the Special marriage Act, as they did not intend to convert. However, parents and relatives of the woman opposed their alliance.
It is submitted in the petition that the parents of the woman opposed the inter faith matrimonial alliance and have been coercing and pressuring her to marry a man of their choice. The women further alleged in the plea that she was her parents and relatives have tortured her both physically and mentally to dissuade her from marrying the Man (belonging to Muslim Community).
It is also submitted that her maternal and paternal uncles have threatened to bring harm to the life and limb of both petitioners.
The Petition filed through advocates Soutik Banerjee and Aakarsh Kamra, and Vrinda Grover.
Appearing for the petitioners Advocate Vrinda Grover said the couple sought protection from the Delhi government ‘s Social Welfare Department, However, they were turned away, which “Jeopardies the right to life, liberty and privacy”.
The Court further ordered that It has also been informed on behalf of the respondent Nos. 1,2 , 4 and 5 that the SHO of PS Mayur Vihar is aware of the matter and that the numbers of the Beat Constable and the SHO concerned Police Station Mayur Vihar have already been provided to the petitioners and as and when required adequate protection would be provided to the lives of the petitioner Nos. 1 and 2. In as much as the stated safe house in which the petitioners would be lodged is within the jurisdiction of Police Station Mukherjee Nagar, it is informed on behalf of the State that the number of the Beat Constable and the SHO concerned of the said area would also be provided to the petitioners.
The Order was passed by a Single Judge Justice Anu Malhotra
