IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-27548 of 2008 Date of Decision: October 22, 2008 Geeta Sabharwal & Another .....PETITIONER(S) VERSUS State of Haryana & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. J.S. Sandhu, Advocate, for the petitioners. . . . AJAI LAMBA, J (Oral) It has been pleaded that the petitioners being of legally marriageable age, got married as per their wishes. The marriage, however, has been solemnized against the desires of respondent Nos.4 and 5. The petitioners are now being threatened by the said respondents. The Hon'ble Supreme Court of India taking serious note of such instances in Lata Singh Versus State of U.P. & Another, JT 2006(6) SC 173 has observed in the following terms:- “7. The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter- caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who Crl. Misc. No. M-27548 of 2008 [2] undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter- religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law. 8. We sometimes hear of `honour' killings of such persons who undergo inter-caste or inter-religious marriage of their own free will. There is nothing honourable in such killings, and in fact they are nothing but barbaric and shameful acts of murder committed by brutal, feudal minded persons who deserve harsh punishment. Only in this way can we stamp out such acts of barbarism.” In view of the law laid down by the Hon’ble Supreme Court of India and keeping in view the facts and circumstances of the case, it is directed that this petition be treated as a representation/ complaint. Respondent No.3, Station House Officer, Police Station, City, Shahabad, District Kurukshetra, is directed to have an enquiry conducted into the facts given out in the petition. The enquiry be conducted within 15 days of receipt of a copy of this order. In case the perception of threat of the petitioners is found reasonable, appropriate steps would be taken to ensure protection Crl. Misc. No. M-27548 of 2008 [3] of their life and liberty. It is further directed that in case any complaint or FIR has been lodged in regard to the issues pleaded or raised in this petition, first an enquiry be conducted so as to verify the allegations made in the petition and only thereafter proceed with the enquiry or investigation of the case. Disposed of with the above directions. (AJAI LAMBA) October 22, 2008 JUDGE avin