High Court Grants Relief To Inter-Faith Couple After Delhi Police Fails To Provide Protection
The Delhi High Court has recently granted relief to an inter-faith couple after the Delhi Police failed to grant them protection by facilitating their stay in a safe house, and rather allegedly and forcibly separating them and detaining the woman in a shelter home.
Justice sanjeev narora recorded the argument of the man who claimed that the said action was taken by the Delhi Police despite the woman’s repeated and recorded pleas to remain in his company.
“Such conduct, prima facie, amounts to a violation of the rights of both the Petitioner and Ms. ‘X’, particularly their right to liberty, dignity, and to make autonomous decisions concerning marriage, as guaranteed under Article 21 of the Constitution,” the Court said.
The man, a Muslim by faith, filed the plea seeking protection for him as well as the woman, a Hindu by faith. The couple wanted to marry each other but apprehended familial opposition and potential threats to their safety. The plea also sought a safe house accommodation for the couple.
It was submitted that the couple was in a consensual relationship since 2018 and wanted to get their marriage solemnized under Special Marriage Act.
The plea contended that a complaint was filed with the DCP concerned on July 23 requesting police protection in accordance with the Delhi Police SOP on Safe Houses and Special Cells for Couples of Inter-Caste or Inter- Faith Marriage.
The man submitted that despite the said request, rather than extending the protection or facilitating their stay in a designated Safe House, the woman was allegedly forcibly separated from him, was subjected to medical examination and was later detained at Nirmal Chhaya Shelter Home on July 24.
It was alleged that the woman was denied access to her mobile phone and was not permitted to meet with the man.
Granting relief to the couple, the Court directed the concerned DCP to file a Status Report, personally verified by him, detailing the circumstances surrounding the events of Julg 23-24,, including the action taken on the complaint.
The Court also directed the DCP to personally inquire into the matter, ascertain the woman’s safety in the shelter home and record her wishes, specifically whether she wanted to remain in the company of the man.
“If she confirms the same, appropriate arrangements shall be made to relocate both the Petitioner and Ms. ‘X’ to a designated Safe House today itself, in accordance with the Delhi Police SOP,” the Court said.
Title: X v. STATE OF DELHI THROUGH COMMISSIONER OF POLICE & ANR