Authorities Bound To Follow 2019 GO On Protection Measures Including Safe Houses For Runaway Couples: Allahabad High Court

While disposing of a protection plea for a couple, a bench of Justice Garima Prashad noted that police authorities are bound to assess threat perception in each case and extend the necessary protection, including safe accommodation and security, depending on the gravity of the situation.

Briefly put, a major couple approached the High Court seeking directions to the State respondents to protect their life and liberty from the "illegal hindrance" caused by the woman's father.

It was their case that owing to the age difference and the apprehension that this is not the first marriage of the man, the father of the woman was continuously harassing and threatening them, which disturbed their peaceful married life and caused apprehension for their life and liberty.

However, the bench noted that pursuant to an interim protection granted by the HC in November last year, there remained no further threat to the life of the petitioners from the woman's father.

However, resolving the factual controversy regarding the husband's marital status, the learned Standing Counsel for the State, upon receiving instructions, categorically submitted before the Court that this is the first marriage of the petitioners.

In view of the same, the writ petition was disposed of. The Court, however, said that in case any genuine and serious threat perception to the life and liberty of the petitioners arises, they could approach the police authorities.

The Court added that the authorities shall be duty-bound to assess such threat perception and provide appropriate protection, ensuring that no harassment is caused to the petitioners, strictly in accordance with the 2019 GO and the directions of the Supreme Court in Shakti Vahini vs. Union of India (supra).

It may be noted that in view of the large number of young couples approaching the HC seeking protection of their life and liberty, the Court, after taking note of the judgment of the Top Court in Shakti Vahini vs. Union of India, directed the State authorities to evolve an effective mechanism and frame guidelines to address such cases at the district level.

Pursuant to the said directions, the State Government issued a GO dated August 31, 2019, laying down mandatory preventive, remedial, and punitive measures to protect couples facing threats arising from marriage or any consensual relationship.

The GO states that cases involving Khap Panchayats or honour-based threats are to be treated as serious matters; in other cases of familial opposition, authorities are duty-bound to assess the risk and grant appropriate relief.

Failure to comply with these directions had been made punishable by departmental action

Taking note of the same, the bench reiterated that the directions contained in the 2019 GO are binding upon all concerned authorities and shall be strictly complied with.