Protection Of Runaway/ Inter-Faith Couples : Punjab & Haryana High Court Suggests Steps At Executive Level

A Single Bench of Justice Avneesh Jhingan while stating that the genuine cases of threat are often overlooked amid a pile of cases that are filed on a daily basis, suggested several steps to make the executive responsible for offering protection to the lives of such couples, so that burden on Courts is reduced.

The Judge, inter alia, suggested:

• Safe houses should be made available in each district of Punjab and Haryana, as well as in Union Territory, Chandigarh.
• A website or an on-line module should be provided for such like couples to raise their grievances without being physically present.
• Providing of 24x7 help desk at Tehsil level for filing of such representations by aggrieved persons or through someone.
• An existing cell in Police department can be deputed or a new cell can be created which can deal with the representation in a time-bound manner, in any case not beyond 48 hours.
• It can also be ensured by authorities that in case a request is made by the couples during the period of consideration of the representation, they be provided shelter in safe house
• The Legal Services Authorities can set up 24x7 help desk for such couples with telephone service and internet connectivity at the local level.

As the State Counsels gave positive responses to the above suggestions, the Court directed the Advocate Generals of both the States, Senior Standing Counsel for Union Territory, Chandigarh and Member Secretaries of the Legal Services Authorities to make a joint effort for dealing with the issue mentioned above.

It clarified,

"The entire endeavour of the exercise is that some sort of workable mechanism is put in motion to ensure the protection of life and personal liberty as guaranteed under Article 21 of the Constitution of India. Further that only in exceptional cases, the couples have to take trouble to approach this Court alleging infringement of the rights."

The observation was made while hearing a criminal writ petition filed by a runaway couple, apprehending that they may be eliminated by their families.

Findings

At the outset, the Single Bench observed that a large number of such petitions are being filed by the couples who performed marriage against the wishes of their parents and relatives.

"Over the period it is experienced that number of such petitions are filed as a matter of routine. It is evident from most of these petitions that the day the marriage is performed, a representation is made and in some cases even the writ petition is drafted/filed on the same very day. In most of the cases, there is even no proof of submission of the representation," the Bench noted.

It further observed that the petitions of such nature are either disposed of, without commenting on the validity of the marriage and directing the official respondents to consider the representation or notice of motion is issued to the official respondents.

"In latter case by the next date, the police officials record the statements of the petitioners. By and large the statement is that there is no threat perception existing. The net result is that the petitions involving real serious and eminent threat get mixed up in number of petitions filed in routine," it added while contemplating a proper mechanism to deal with such cases.

At this juncture, the Court also expressed displeasure at the fact that the directions issued by the High Court to all the District & Sessions Judges in the two States (in Asha & Anr. v. State of Haryana & Ors., vide order dated March 31, 2010) for granting interim protection to such couples, are not being complied with.

As a result, the Bench noted, the couples who are apprehending threat perception have to travel all the way to this Court for completing the formalities for filing the writ petition, this further exposes them to threat.

Submissions

Dr. Mandeep Mittal, Additional Secretary, Punjab State Legal Services Authority informed the High Court that in Punjab, there are one stop centre (Sakhi Centre) for women victims, being run by Health and Family Welfare Department, Punjab under the supervision of Deputy Commissioner of each district.

The Court suggested that it would be appropriate that the scope of working of these centres be enhanced and their services be utilised for dealing with the issues of such couples.

The matter is now fixed for March 22, 2021.

Case Title: Lovepreet Kaur & Anr v. State of Punjab & Ors.

Click Here To Download Order

Read Order