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.
