The Allahabad High Court reiterated that authorities in the State of Uttar Pradesh are obligated to comply with the Government Order issued in 2019 that prescribes protective measures, including provision of safe houses, for couples who face threats or harassment due to their marriage or consensual relationship. The Court underscored the State’s duty to protect the life and personal liberty of such couples in accordance with law. The observation was made while disposing of a writ petition filed by a major couple seeking protection from alleged threats and harassment by the woman’s father.
The petitioners submitted that due to a significant age difference between them and apprehensions relating to the man’s prior marital status, the woman’s father had been continuously threatening and harassing them. They contended that such conduct was disturbing their peaceful life and causing serious apprehension regarding their safety. The matter came before the bench presided over by Justice Garima Prashad. It was noted that an interim protection order had earlier been granted. At the time of final hearing, it was recorded that there was no continuing threat from the woman’s father.
During the proceedings, the Standing Counsel for the State, on the basis of instructions received, clarified that the marriage in question was the first marriage for both parties. This clarification addressed the controversy regarding the alleged prior marital status of the husband. In view of the developments and the absence of any immediate threat, the Court disposed of the writ petition without granting further substantive relief.
However, the Court made it clear that if any genuine and serious threat perception to the life and liberty of the couple arises in the future, they would be at liberty to approach the concerned police authorities. The police authorities, in such circumstances, would be duty-bound to assess the nature of the threat and provide appropriate protection. The Court emphasized that such protection must be extended strictly in accordance with the Government Order issued in 2019 and the directions laid down by the Supreme Court in the case of Shakti Vahini v. Union of India.
The High Court observed that a large number of young couples have been approaching it seeking protection of their life and liberty. Taking note of the judgment of the Supreme Court in Shakti Vahini, the High Court had previously directed the State authorities to evolve an effective mechanism and frame district-level guidelines to deal with such situations. These directions were aimed at ensuring that couples facing threats on account of their marriage or relationship receive timely and adequate protection.
Pursuant to those judicial directions, the State Government issued a Government Order dated August 31, 2019. This Government Order lays down mandatory preventive, remedial, and punitive measures to be taken for the protection of couples facing threats arising from marriage, inter-faith relationships, or other consensual relationships. The Order provides that cases involving threats from bodies such as Khap Panchayats or honour-based threats must be treated as serious matters. In cases involving familial opposition, the authorities are required to assess the risks and grant appropriate relief depending on the nature and gravity of the situation.
The Government Order further stipulates that failure to comply with its directions would invite departmental action against erring officials. The High Court reiterated in its recent order that the directions contained in the 2019 Government Order are binding on all concerned authorities, including police and administrative officers, and must be strictly followed.
The Court underlined that in cases where there is a threat perception, police authorities are obligated to extend necessary protection measures after assessing the facts of each case. This includes arranging safe accommodation or safe houses where required and ensuring security for the couple. The Court clarified that where there is a credible and serious threat to the life or personal liberty of couples who have married against familial wishes or societal pressures, the authorities must act in accordance with the Government Order and ensure that no harassment or hindrance is caused to them.
The High Court’s order reinforced that State authorities are expected to act in line with their constitutional obligation to protect life and liberty. They are also required to adhere to statutory and policy directives laid down by the 2019 Government Order and supported by judicial pronouncements. By affirming the mandatory nature of these protective measures, the Court emphasized that when couples face threats or coercion from family members or other sources due to their relationship, the designated authorities must conduct a proper threat assessment and take appropriate protective action.
The Court thus reiterated that the framework established under the 2019 Government Order must be effectively implemented at the district and state levels. Authorities are required to ensure compliance with the prescribed measures, including provision of shelter and security where necessary, so that individuals who have exercised their choice in matters of marriage or relationship are not subjected to harassment, intimidation, or violence.
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