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2002 DIGILAW 651 (ALL)

SUJIT KUMAR v. STATE OF U. P.

2002-05-06

M.KATJU, RAKESH TIWARI

body2002
M. KATJII, J. ( 1 ) THE barbaric practice of honour killings, that is. killing of young women by their relatives or caste or community members for bringing dishonour to the family or caste or community by marrying, or wanting to marry, a man of another caste or community or whom the family disapproves of is frequently reported to take place in Pakistan which is a State based on feudal and communal ideology. However, this Court has been shocked to note that in our country also, which boasts of being a secular and liberal country, honour killings have been taking place from time to time, and what is deeply disturbing is that the police and other authorities do not seem to take steps to check these disgraceful and barbaric acts. In fact such, honour killings, far from being honourable, are nothing but pre-meditated murder and must be treated accordingly. ( 2 ) IT was reported in the newspapers sometime back that in Meerut, a Jat boy and a Harijan girl, who were majors, were in love with each other and wanted to marry each other but were killed by their relatives and others because it would have been an inter-caste marriage. Many other reports are coming from Meerut, Muzaffarnagar and other districts of the State where young men and women are being killed for being in love with each other just because they were of different castes or communities. Very recently, it has been reported that there were such honour killings in Industrial Nagar in Allahabad district and even of a boy in front of the High Court building because the couple who were of different castes and were in love with each other. ( 3 ) IN the present case, Sujit Kumar, petitioner No. 1 is a Jat by caste and Ms. Rashmi is a Tyagi by caste and she is a major as is evident from her High School certificate (Annexure-6) In which her date of birth is recorded as 5. 10. 1979 and hence she is more than 22 years of age. She has done B. Sc. vide Annexure-8. The petitioner No. 1 is said to be 30 years of age. The impugned f. I. R. dated 21. 4. 2002 has been filed by the father of Rashmi Shri Ved Prakash r/o Meerut alleging that Sujit Kumar persuaded his daughter Ms. 1979 and hence she is more than 22 years of age. She has done B. Sc. vide Annexure-8. The petitioner No. 1 is said to be 30 years of age. The impugned f. I. R. dated 21. 4. 2002 has been filed by the father of Rashmi Shri Ved Prakash r/o Meerut alleging that Sujit Kumar persuaded his daughter Ms. Rashmi to go with him and they are both living in district Muzaffarnagar. Annexure-2 to the petition is the letter of Ms. Rashmi which states that she is a major and has done her B. Sc. and she has married Sujit Kumar of her own freewill by Arya Samaj rites and she is living with him. Annexure-4 is the affidavit in support of this averment. Annexure-6 is her High School certificate which shows that her date of birth is 5. 10. 1979. Annexure-10 is the copy of the letter which she has written to the District Magistrate, meerut, stating that her parents wanted to marry her to some aged person to which she objected, due to which her parents have threatened to kill her. She fell in love with Sujit Kumar who is Jat by caste and she married him of her own freewill by Arya Samaj rites in Muzaffarnagar and they are living together as husband and wife. The parents of the couple are putting pressure on them to divorce each other and threatened to kill them otherwise, and hence they fled from Meerut to muzaffarnagar and are living in hiding. She has slated that her parents are planning to abduct her and kill her and make her body disappear and they are also planning to get her husband killed. She sought protection from the District Magistrate. ( 4 ) BOTH Sujit Kumar and Ms. Rashmi appeared before us and we are satisfied that they are majors. They state that they love each other and are married with each other and are living together of their own freewill. We are satisfied that they have given their statements of their own freewill and without any pressure. ( 5 ) SWEEPING changes revolutionizing the entire outlook and bringing radical changes in the attitudes and approach of society towards various social practices and customs are being witnessed over the last two or three decades in our country. We are satisfied that they have given their statements of their own freewill and without any pressure. ( 5 ) SWEEPING changes revolutionizing the entire outlook and bringing radical changes in the attitudes and approach of society towards various social practices and customs are being witnessed over the last two or three decades in our country. In fact, the present is a transitional era and we are at the crossroads of such atti-tudinal changes. Love marriages crossing caste and communal barriers are becoming more and more common in our country. Such marriages are but a manifestation of the revolutionary changes that are being witnessed by us more and more frequently. ( 6 ) IT is, therefore, time that the Court declare the law on this aspect. The law is very simple. Under Section 3 of the Indian Majority Act. 1875. a person who is of 18 years of age, is regarded as a major and the law deems that he/she knows her/his interest and welfare. Hence he/she can go wherever they like or marry whomever they want of any caste or community. There is no prohibition of inter-caste or inter-community marriage in the law. If a person who is a major wants to get married to a person of another caste or community, the parents cannot legally stop him/her. That being so, the Administration must ensure that nobody harasses or ill-treats or kills such people for marrying outside his or her caste, community or class. ( 7 ) THE caste system is a great evil and curse in our society and is hindering our national progress. Inter-caste love marriages are, therefore, in the interest of the nation, and at any event, they are not illegal. Such marriages will also put an end to the great evil of dowry. ( 8 ) SINCE both Sujit Kumar and Ms. Rashmi have appeared before us and have given their statements, it is not necessary to issue notice to the respondents and we are allowing this petition at this stage. The impugned F. I. R. Annexure-1 to the petition under Section 362/366, I. P. C. is hereby quashed. The police in the State are directed that they must prevent any such honour killings or harassment of people who love each other and want to get married, as such practice is a blot on our society. The impugned F. I. R. Annexure-1 to the petition under Section 362/366, I. P. C. is hereby quashed. The police in the State are directed that they must prevent any such honour killings or harassment of people who love each other and want to get married, as such practice is a blot on our society. The police must also see that the persons entering into inter-caste or inter-community marriages are not harassed by their relatives or any others and are free to live at any place and with whomever they like. The police in the State must take strong measures against those who commit such honour killings and harassment and they must stop this feudal, backward and barbaric practice, if brought to their notice, otherwise the police will be taken to task by this Court. ( 9 ) INDIA is a free, democratic and secular country. This Court will not permit practices like honour killings or harassment to such couples to prevail in our country. The police of Meerut and Muzaffarnagar are directed to see to it that the petitioner and Ms. Rashmi are not harassed in any manner by anyone. ( 10 ) LET a copy of this order be sent by the Registrar General of this Court to the Principal Home secretary, U. P. and the D. G. P. , U. P. , who are directed to issue instructions to all S. S. Ps. /s. Ps. who in turn must communicate this order to all the police stations in the State with the stern warning that this Judgment must be complied with. Copy of this order will also be sent by the registrar General to the S. S. P. of Meerut and Muzaffarnagar. .