The Bombay High Court has recently directed Mumbai Police to provide 24/7 protection to an inter-caste couple which has been threatened by the woman’s Ahir community for marrying a Brahmin man. The protection has also been extended to two witnesses who solemnized their wedding on October 24, 2020.
The division bench comprising Justice S.J. Kathawalla and Justice Surendra P. Tavade observed, “The petition clearly reveals the threat to the life and well-being of the petitioners. It is submitted that the petitioners had approached the police authority for protection, but in vain and therefore it is necessary that this Court direct the Respondents by issuing appropriate writs. It is also submitted that the local police authorities have refused protection and have not taken cognizance of any complaints attempted to be filed by the petitioners on the specious plea that some of the incidents occurred in Gujarat.”
The petitioner 1 (the woman) is aged 23 years and is the legally wedded wife of petitioner 2 (the husband) aged 22 years. The petitioner 1 is a B.Com graduate while her husband holds a Bachelor of Management Studies (BMS) degree. Both the petitioners are from the same village, namely Chaubari Village, Bachao Taluka, Gujarat. The petitioners belong to diverse castes; the woman belongs to the Ahir caste and the husband belongs to the Brahmin caste.
Accordingly, the woman was under grave coercion, pressure, threat of violation, humiliation, and was forced to make false statements and submissions against her husband and allege that he was in possession of her photographs when she was in a relationship with him. Under duress, she said she had been threatened he would circulate the said photographs among friends and relatives, and therefore, she was compelled, by blackmail, to get married to the man before police authorities at Powai Police Station.
The bench observed, “Post the marriage, the girl was physically and sexually assaulted by the Respondent No 6 (another man from the community whom she was forced to marry despite being already married to petitioner no 2) and claimed to have “purchased” the Petitioner No. 1 from her father i.e. and the community heads. Respondent No. 6 claimed that in view of such purchase, the Petitioner no 1 was his chattel and that Respondent No 6 was free to use her in whichever way the Respondent No. 6 desired. The Respondent No 6 claimed to have paid money and jewellery to her father and the community heads. The Petitioner No 1 suffered rape, grievous assault including heinous grievous injury to her private parts deliberately inflicted by the Respondent No 6, who even tried to injure her with burning cigarette butts.”
“This saga of violence, humiliation, rape, violation, grievous bodily injury and mental injury continued for the next few months,” remarked the bench.
The court noted, “The girl managed to escape from the horrendous confines of the Chobari Village and reach Mumbai. The girl rushed to the residence of the Petitioner No 2 (husband) and has been residing with his family, since then.
Later on or about January 7, 2021, the Petitioner No 2 lodged an NC against one Velji Bhai and Panchal Bhai, both residents of Chobari, Bachao Kutch, Gujarat who visited the petitioners and took away his wife to her native place for a couple of days without the permission of the petitioner. That when the husband requested them to send his wife back they threatened him.
The bench noted further, “In or about August / September, 2021, the father and the community heads started making threatening calls to one Mr. X and Mrs. Y, who were witnesses to the solemnization of the marriage of the 0. The petitioners have refrained from disclosing the names of the witnesses, as the petitioners fear for their safety. The petitioners have disclosed the identity and details of the witnesses in a sealed cover and will also provide the same to the police authorities. Both the witnesses received death threats and were also threatened that their children would be kidnapped.”
The mother-in-law of the petitioner no 1(the girl) was handed over handed over a copy of a notice in respect of a purported complaint against the petitioner 1 alleging theft of Rs 50,000 cash and jewellery worth Rs 7-8 lakh from the residence of the Respondent No 6. It was alleged that the petitioner 1 had fled to Mumbai post this theft, along with the cash and jewellery.
After listening to the heart wrenching story of the young inter-caste couple, the bench ordered round-the-clock protection to both of them along with two witnesses present at their marriage.
“In view of the above facts and circumstances, we are of the view that the life of the Petitioner Nos.1 and 2, and the family members of Petitioner No.2, including two witnesses to their marriage solemnized on 24 th October, 2020 are under threat and danger, and have to be forthwith provided round the clock police protection. The Commissioner of Police, Mumbai, the Additional Police Commissioner and the Deputy Police Commissioner – Zone X, the Assistant Police Commissioner and the Senior Inspector of Police, under whose jurisdiction the Petitioner Nos.1 and 2, the parents of Petitioner No.2 and the two witnesses to their marriage are residing, shall forthwith provide round the clock police protection to the Petitioner Nos.1 and 2, the family members of the Petitioner No.2, including the two witnesses to their marriage,” reads the order.