Click here for the verdict
Why in news?
Supreme Court in its recent verdict has upheld the choice of consenting adults to love and marry as a part of their fundamental rights.
What are the guidelines?
- States - The state governments should identify districts, sub-divisions and/or villages concerned.
- These are areas where instances of honour killing or assembly of Khap Panchayats have been reported in the last 5 years.
- Police - Officer In-charge of the police stations of the identified areas needs to be cautious.
- Any instance of inter-caste or inter-religious marriage within their jurisdiction coming to their notice should be taken care of.
- They should inform to the immediate superior officer.
- Also the jurisdictional Deputy Superintendent of Police (DSP) and Superintendent of Police should be intimated.
- Prevention - Once done, the DSP or a senior police officer should immediately interact with the members of the Khap Panchayat.
- It should be made clear that convening of such meeting/gathering is not permissible in law, and should ultimately be prevented.
- Meeting - Despite these, if the meeting is conducted, the DSP should personally remain present during the meeting.
- S/he should ensure that no decision is taken to cause any harm to the couple or the family members of the couple.
- If this fails, each one participating in the meeting besides the organisers would be personally liable for criminal prosecution.
- Video - Discussion and participation of the members of the assembly meet should be video recorded.
- The DSP should ensure this, as this is the basis on which the law -enforcing machinery can resort to suitable action, later, if needed.
- Proposal - The DSP shall submit a proposal to the District Magistrate/Sub-Divisional Magistrate of the District/ Competent Authority of the concerned area.
- This is when the gathering cannot be prevented and/or is likely to cause harm to the couple or members of their family.
- Orders - The authority can issue orders to take preventive steps under the CrPC.
- Prohibitory orders under Section 144 CrPC can also be invoked.
- Arrest of the participants in the assembly under Section 151 CrPC can also be approved.
- Crime - The jurisdictional police official can file an FIR under the appropriate provisions of the Indian Penal Code.
- This is when, despite all preventive measures, if Khap Panchayat has taken place and passed any diktat against a couple/family.
- Upon registration of FIR, the Superintendent/Deputy Superintendent of Police should be intimated.
- S/he, in turn, should ensure that effective investigation of the crime is done.
- Security - Immediate steps should be taken to provide security to the couple/family.
- If necessary, steps to move them to a safe house within the same district or elsewhere should be taken.
- The District Magistrate/Superintendent of Police must deal with utmost sensitivity, the complaint regarding threat administered.
- Safe house - After the marriage, if the couple so desire, they can be provided accommodation on payment of nominal charges in the safe house.
- This would be for a period of 1 month to be extended on monthly basis but not exceeding one year in aggregate.
- The decision would be taken depending on their threat assessment on case-to-case basis.
- Inquiry - The initial inquiry regarding the complaint should be entrusted by the District Magistrate/Superintendent of Police to an officer of the rank of Additional Superintendent of Police.
- S/he shall conduct a preliminary inquiry and ascertain the authenticity, nature and gravity of threat perception.
- On being satisfied as to the authenticity of such threats, a report should be submitted to the Superintendent of Police in one week.
- The District Superintendent of Police, on such report, should direct the Deputy Superintendent of Police in-charge of the concerned sub-division.
- This is to cause to register an FIR against the persons threatening the couples and, if necessary, invoke Section 151 of CrPC.
- Additionally, the DSP should personally supervise the progress of investigation and ensure that the same is completed.
- Case - The designated Court/Fast Track Court earmarked for the purpose will try criminal cases pertaining to honour killing or violence to the couple(s).
- The trial must proceed on day-to-day basis.
- It must preferably be concluded within 6 months from the date of taking cognizance of the offence.
- Negligence - Police or district officer/officials failing to comply with the directions will be considered as an act of deliberate negligence and/or misconduct.
- This is if such official(s) do not prevent the incident or take appropriate actions thereafter, despite prior knowledge of it.
- Departmental action would be taken under the service rules.
- The action shall be initiated and taken to its logical end, preferably not exceeding 6 months.
- The states are directed to take disciplinary action against the concerned officials.
- Special Cells - The State Governments should create special cells in every District.
- This is to receive petitions/complaints of harassment of and threat to couples of inter-caste marriage.
- The special cell will comprise of the
- Superintendent of Police
- District Social Welfare Officer
- District Adi-Dravidar Welfare Officer
- These special cells should create a 24-hour helpline to receive and register such complaints.
- They are also to provide necessary assistance/advice and protection to the couple.
- Sensitisation - The different state governments and the centre should work on sensitisation of the law enforcement agencies.
- There should be an institutional machinery with the necessary coordination of all the stakeholders.
- The Home department must take this initiative and work in coordination with the state governments.
- This is to mandate social initiatives and awareness, to curb such violence, and meet the goal of social justice and rule of law.
Source: NDTV
