States without protection for inter-faith, inter-caste couples in contempt of SC: Mihir Desai

Human rights lawyer Mihir Desai criticizes States for failing to protect inter-faith and inter-caste couples, in contempt of Supreme Court.

Prominent human rights lawyer Mihir Desai has said that all States which have failed to put in place mechanisms for the protection of inter-faith and inter-caste couples are in contempt of the Supreme Court. He was referring to the apex court’s 2018 Shaktivahini judgment, which directed all States to establish protective measures for such couples, including helplines, special cells, and safe houses.

In an interview with The Hindu, Mr. Desai emphasised the urgent need for a national law to protect the rights of individuals entering interfaith and intercaste marriages. “An overwhelming majority of the States do not have the mechanism to protect such couples. In fact, by not having these mechanisms, they are in complete violation of the Supreme Court orders. They are in contempt,” he said.

Mr. Desai drew a parallel with the Vishakha guidelines on workplace sexual harassment, noting that codification into law could provide the much-needed legal framework. “If a law is properly worded and drafted in the right spirit, it would be very welcome,” he added, while expressing doubt about the political will for such legislation.

The lawyer was speaking in the context of a recent order issued by the Maharashtra government, which laid out detailed Standard Operating Procedures (SOPs) for the protection of inter-faith and inter-caste couples. The order followed sustained monitoring by the Bombay High Court in response to a petition filed by Mr. Desai on behalf of a Hindu man and a Muslim woman who were forced to flee to Delhi in 2022 following threats over their decision to marry.

The couple approached the Bombay High Court in September 2023, seeking protection and safe housing. After nearly two years of court-monitored proceedings, the Maharashtra government submitted SOPs that satisfied the court, leading to the disposal of the petition.

Mr. Desai expressed gratitude to the High Court, stating that the State’s response would not have materialised without judicial intervention. “On its own, the State government would not have acted - especially in a political environment where there is hostility towards inter-faith marriages, and a focus on so-called ‘freedom of religion’ laws that are effectively aimed at curbing conversions, rather than safeguarding individual autonomy,” he said.

Reflecting on the broader societal landscape, Mr. Desai said, “Even today, inter-caste marriages are shunned. Just look at the matrimonial columns. There is fierce resistance to inter-faith marriages not just from families, but also from communal forces across all religions.”