Protection

Introduction

An individual’s choice is essential to their dignity; without choice, dignity cannot exist. While this choice must adhere to constitutional limits, no one should interfere with it if no such limits apply. If the right to choose is blocked, true dignity is impossible. When two adults marry by their own decision, they are exercising their right to choose their path and pursue their goals. Any violation of this right is unconstitutional. No group, based on class or honor, has the authority to summon or judge them, as if they have the ultimate power to impose sentences like monarchs of a bygone era.

The increase in violence against people in inter-caste marriages is mainly a way to maintain control over women and lower castes. Caste-based groups encourage attacks on these marriages to deepen caste divisions and strengthen their political support. Those who commit violence see inter-caste relationships as a challenge to caste oppression. In most honor killings, the economic status of one person is a crucial factor in addition to caste. If the person has a stable economic background, the likelihood of such violence is lower compared to cases where the person comes from a poorer socioeconomic status.

The community acts like a patriarchal ruler, viewing wives, sisters, and daughters as subordinate, servile, and self-sacrificing individuals without autonomy, desires, or identities. Male members emphasize status, and a sense of male dominance becomes the main factor defining their idea of honor. Nowadays the honour killing has also started in the case of live-in relationships. A live-in relationship is when two people, either of the opposite sex or same sex, live together like a married couple, sharing all the responsibilities and activities of a couple, but without having gone through any marriage ceremonies or obtained a marriage license.

Process of Protection

Every couple or partner has the right to seek protection from any allegations or violations against them. They can go to the nearest police station to request protection from anyone harassing them. They can also move to the Senior Superintendent or Commissioner of Police to raise their issue and request them to provide protection. Other than these authorities, the couple can directly move to the High Court of the jurisdiction to seek protection from any third party. The High Court issues an order to the police officer in the jurisdiction where the couple is staying to provide protection to the couple. The legality of the marriage must be present to seek protection from the Court.

Judicial Pronouncements

In various cases it has been decided that honour killing is against the law even though there has been no specific legislation enancte against it. In the case of Deepika And Another Vs. State Of U.P. And 3 Others, the court held that police only has right to verify the age of boy and girl. If the couple is able to prove that they have attained majority then police or any authority cannot interfere in their life.

In the case of Shakti Vahini v. Union of india, the court held that every citizen has right to marry any person of their choice and they do not need to take consent of their family memebers or any community before the marriage. It further suggested increased cooperation among the stakeholders along with adequate sensitisation of enforcement agencies. As remedial measures, the Court called for the government to provide for those couples who have fed honour crimes with safe homes, with sustained protection throughout the entirety of the investigation period. It is here it asked the respective state governments to establish a 24-hour helpline portal to receive and register complaints, after which adequate assistance/advice and protection to the couple is provided. As punitive measures, the Court called for departmental actions to be taken and completed within the stipulated time under relevant service rules against those governmental officials/police for failure to comply with any of the
directions of the Court.

In the case of Indra Sarma v. V.K.V. Sarma, the court provided for five types of relationships that can be
considered as live-in relationships:

(i) Male and female, both adult and unmarried

(ii) Married male and unmarried female

(iii) Unmarried man and married woman

(iv) Unmarried adult female and married male
entered unknowingly

(v) Same-sex couple.

Statutory Provision

In India there is no separate legislation that exclusively deals with honour killing, it is treated under homicide and murder under the Penal Code, 1860. Even though these many cases are reported in the name of honour still the legislatures have not enacted any law or amended the penal provisions.

The problem associated in the effective eradication of Honour Killing in India firstly is the difficulty to identify and classify an act of Honour Killing in any given community as it is done by mob and when a mob carries out such act it becomes difficult to identify a culprit. Secondly, lack of proper identification and definition of the crime is also one of the reasons and a great hurdle in eradicating the menace of Honour Killing from the society. The law should clearly define what all may constitute or come under the ambit of honour killing, declare explicitly the rights of individuals in this regard and other measures which need to be provided by the State to those couples fearing harm and their families as well. It should place the burden of proof over the accused, which shall include the members/caste outfits which instigate such crime. It is also important to note that a victim, even if they do not belong to SC/ST, should also be covered under the law for their betterment in compensation and speedy justice. The legislation can be based on the recent legislation of Rajasthan (“The Rajasthan Prohibition of interference with the Freedom of Matrimonial Alliances in the Name of Honour and tradition Act, 2019”) which is a way forward. These State laws can help curbing these issues in absence of central legislation to prevent this inhumane menace in every possible way.

Written By – Adv. Pradhuymn Singh Shekhawat

FAQs

Is inter-caste marriage a crime?

Intercaste marriage is not a crime in India. In fact, it is legally recognized and protected under the Special Marriage Act of 1954. This Act allows any two individuals to marry regardless of their caste or religion. The Indian Constitution guarantees the right to equality and prohibits discrimination based on caste, further supporting the legality of intercaste marriages.

However, social acceptance of such unions can vary greatly across different communities and regions. In some cases, couples may face societal pressure or opposition from family members. Despite these challenges, intercaste marriages are completely legal and increasingly common in modern India.

What is the Supreme Court decision on inter-caste marriage?

The Supreme Court of India has consistently upheld the right to intercaste marriage. In landmark judgments, the Court has declared that intercaste marriages are not only legal but should be encouraged to break down caste barriers. The Court has emphasized that the right to marry a person of one’s choice is integral to Article 21 of the Constitution, which guarantees the right to life and personal liberty. It has also directed state authorities to protect intercaste couples from harassment and violence. The Court views such marriages as a step towards annihilating caste and promoting national integration.

What is the protection of inter-caste marriage?

The protection of intercaste marriage refers to legal and social safeguards aimed at ensuring individuals can marry across caste lines without discrimination or harm. Many countries, particularly India, have laws prohibiting caste-based discrimination and protecting intercaste couples. These measures include legal recognition of such marriages, penalties for harassment, and support services for couples facing threats or ostracism. Despite these protections, intercaste marriages often face societal resistance and stigma in some communities. Ongoing efforts focus on strengthening enforcement of existing laws, raising awareness, and changing societal attitudes to promote acceptance of intercaste unions.

Can parents stop a marriage?

Legally, parents generally cannot stop a marriage between consenting adults. Most countries recognize the right of individuals to choose their spouse freely. However, in practice, parental opposition can create significant obstacles, especially in cultures with strong family ties. Parents may exert emotional pressure, withhold financial support, or in extreme cases, resort to threats or violence. Some regions still practice forced marriages, though these are illegal in many countries. While parents cannot legally prevent a marriage, their influence can make the process challenging for couples, potentially leading to familial estrangement or social consequences.