By M Ahmad
Srinagar- Police as well as officials of the concerned Civil Administration must ensure that the marrying individuals who are major and have chosen to become husband and wife out of their free will are protected, the High Court of J&K and Ladakh has said.
Disposing of a petition filed by the individuals, Anuradha and Ashwani Kumar, a bench of Justice Rahul Bharti ordered Senior Superintendent of Police Jammu to direct SHO Akhnoor to ensure that the couple was not subjected to any harassment, intimidation or threats at the hands of the their families or any other person acting at their behest.
Referring to Supreme Court’s judgment in case of Lata Singh vs. State of UP and another 2006, the court observed that a direction has been set into effect for the government administration and police authorities throughout the Country to see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a girl or boy who is also major, then the marrying individuals are not to be harassed by any one nor to be subjected to threats or acts of violence.
In case any such threat or harassment is confronted to be inflicted on the individuals then the persons responsible for holding out such threats, harassments are to be taken to task by instituting criminal proceedings by the Police against such persons and further stern action to be taken as provided by law, the court said.
“Article 144 of the Constitution of India mandates all Authorities, Civil and Judicial, in the territory of India to act in aid of the Supreme Court,” the court said, adding, “Bearing this constitutional sanction in perspective and the directions of the Supreme Court set into place, it is a matter of duty for the Police Officials as well as officials of the concerned Civil Administration, irrespective of hierarchical position, to ensure that marrying individuals who are major and have chosen to become husband and wife out of their free will and volition are not to fear anybody causing any harm to their life and limb.”
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