Delhi High Court

Delhi HC Grants Protection To Runaway Couples, Asks Police To Set Up ‘Runaway Couple Cell’

The Delhi High Court stated on Friday that the Delhi Police should establish a “runaway couple cell” to help and assist couples who are major and marry against the consent of their families and face threats as a result.

While hearing a protection petition filed by an intercaste major couple who married against the girl’s family’s consent, Justice Anup Jairam Bhambhani informed the counsel representing Delhi Police, “Delhi Police should have a runaway pair cell. It (cases) goes the same way. Allow them to have a separate cell that deals with runaway couples in accordance with the Ashok Kumar Todi (case).”

In Ashok Kumar Todi v. Kishwar Jahan & Ors, the Supreme Court ordered the police authorities across the country to guarantee that a major couple who undergoes intercaste or inter-religious marriage is not harassed, threatened, or exposed to acts of violence.

It further stated that anyone who makes threats or harasses the couple will be prosecuted by the police and face harsh punishment under the law.

“If the parents of the boy or girl do not approve of such inter-caste or interreligious marriage, the maximum they can do is cut off social relations with the son or daughter, but they cannot give threats, commit or instigate acts of violence, or harass the person who undergoes such inter-caste or inter-religious marriage,” the Supreme Court ruled.

Justice Bhambhani was hearing a petition from a couple who married in Tis Hazari’s Arya Samaj Mandir on April 7 and were given a marriage certificate.

It was the couple’s case that they were receiving threats from the woman’s relatives because they married without their approval. As a result, the couple sought police protection for their life and liberty against the threats.

The couple’s counsel argued that both persons, who were also present in court, were of legal age, as indicated by the identity cards attached to the plea. It was claimed that after filing a complaint with the relevant SHO on April 11, the police did not assist them.

On the other side, the Additional Standing Counsel for the Delhi Police stated that necessary measures will be taken to assure the couple’s safety and security.

“It is directed that the petitioners [couple] be given the cell phone numbers of the SHO and the beat constable, whom they may call in any eventuality,” the court stated.

While issuing notice in the petition, the court also sought a status report from the Delhi police within six weeks and scheduled the matter for hearing in September.

While concluding, Justice Bhambhani also told the ASC that a runaway couple cell should be established outside the Arya Samaj Mandir so that the couple may seek support and help as soon as they marry if they face threats from their family.

“This cell [runaway pair cell] should preferably be set up outside the Arya Samaj Mandir, Tis Hazari. It should be streamlined,” the court stated.

Isha Das

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