Prepare draft policy circular for interfaith couples’ safety: HC to State
The Hindu
Bombay High Court directs Maharashtra to draft policy for protection of inter-faith couples, considering Supreme Court guidelines.
The Bombay High Court on Monday [December 9, 2024] has asked the Maharashtra Social Justice and Home Department to prepare the draft policy circular for the safety and protection of inter-faith and inter-religion couples in Maharashtra.
Hearing the petition, a Division Bench of judges, comprising, Justice Revati Mohite-Dere and Justice Shivkumar Dige asked the Deputy Secretary of the Social Justice and Home Department if they have identified safe houses in different districts of Maharashtra.
The State sought some time to provide the data on safe houses in the districts of Maharashtra for the protection of inter-faith and inter-caste couples. The State authorities submitted that they require more time to identify the safe houses across Maharashtra. The court adjourned the matter for further hearing on December 20, 2024, and has asked the State authorities to prepare the draft policy circular after considering the note submitted by the petitioners on the standard operating procedure [SOP] for the implementation of Shakti Vahini guidelines issued by the Supreme Court for protection of inter-faith and inter-caste couples.
In 2023, a petition was filed by an inter-faith couple who sought protection and safe accommodation in accordance with the Supreme Court’s 2018 Shakti Vahini judgment. The High Court had granted the couple interim police protection to facilitate their marriage registration in Mumbai. However since special cells were not created and safe houses had not been designated in Maharashtra, the court issued further directions towards implementation of the Shakti Vahini guidelines issued by the Supreme Court.
The Supreme Court in its order said that it is an individual’s fundamental right to choose their partner. The Apex Court had also listed preventive measures for the safety and protection of couples facing threats of honour killings.
The top court’s ruling directed the State authorities to identify districts with high cases of honour killings, establishing 24-hours helpline numbers, providing shelter for couples and ensuring their safety.
Appearing for the petitioners, senior advocate Mihir Desai and advocate Lara Jesani said that a brief note on the SOPs for safety and protection of couples has already been submitted in the last hearing that happened in October 2024 to the State government.
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