Recently, the Rajasthan High Court held that it is the constitutional duty of police authorities to offer protection to couples who are facing threats or harassment from social actors or groups imposing prevailing social norms.
The single-headed bench of Justice Sameer Jain emphasized the need for a robust institutional mechanism to ensure that police officers are held accountable for any failure to protect couples facing threats or harassment.
“The police authorities bear a constitutional responsibility to provide enhanced protection to the respective couples whose autonomy stands to be scuttled by social actors or groups who deploy extra-legal harassment or threats to entrench the dominant social norms,” the judge said.
The Court has accordingly established a procedure to ensure that couples, whether married or in a close relationship, receive sufficient police protection.
The Court also directed the State government to establish an online system allowing couples to file complaints and receive updates on their cases. Additionally, in instances where couples face extra-legal threats from their families, the Court recommended that a nodal officer be appointed to mediate between the couples and their families.
The Court also specified that its directives would extend to complaints filed by individuals other than couples.
“For instance, such protection may be required in the case of women who face threats of extra-legal violence from their family members, on account of their choice not to solemnize marriage at the family’s behest. Such protection may also be required in the case of the persons, especially senior citizens, who refuse to concede to the extra-legal monetary demands made by the dominant political/social actors in the locality.”
The Court issued these directions while addressing the case of a young couple who married in March and were facing threats from the woman's family. During the proceedings, the Court observed that it receives around 15-20 similar petitions daily and noted that many couples approach the Court directly without first submitting a complaint to the police.
Meanwhile, the Court instructed the State government to ensure that the Police Complaints Authorities at both the state and district levels are appointed and constituted in line with the Supreme Court’s directions in *Prakash Singh v. Union of India*. The case is scheduled for review on September 9 to assess compliance with the Court's directives.
Advocates Tribhuvan Narayan Singh, Sukhdev Singh Solanki, Chitrank Sharma, Moharpal Meena, Arvind Balot, Prakash Thakuriya and Suresh Kumar represented the petitioners.
Advocates GS Rathore and Atul Sharma represented the State.
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