The Bombay High Court has directed the Maharashtra government to furnish detailed data on the number of safe houses and special cells established across districts for the protection of interfaith and inter-caste couples.
The directive was issued by a division bench comprising Justice Revati Mohite Dere and Justice Prithviraj K. Chavan while hearing a petition filed by an interfaith couple seeking protection and safe accommodation under the Supreme Court’s 2018 Shakti Vahini judgment.
The Shakti Vahini ruling affirms the fundamental right of individuals to choose their life partners, and mandates various safeguards, including the establishment of safe houses, 24-hour helplines, and special cells to protect couples from the threat of honor-based violence.
Interim Police Protection for Couple
In an earlier order, the Bombay High Court had granted the couple interim police protection, enabling them to register their marriage in Mumbai without facing any immediate danger.
During a recent hearing, the State’s counsel, Additional Public Prosecutor PP Shinde, presented a Standard Operating Procedure (SOP) issued by the Home Department on September 13, 2024.
The SOP outlines steps for implementing the apex court’s directives aimed at ensuring the safety and well-being of interfaith couples.
Directives in SOP
The SOP mandates the creation of special cells in each police commissionerate and district, led by local police and supported by officials from the District Social Welfare Office and the Women and Child Development Department.
It also calls for the setup of a district-wide emergency helpline, 112, to address distress calls from interfaith and inter-caste couples.
Moreover, the SOP emphasizes the need for safe houses in every district, which will undergo regular security audits.
Couples facing genuine threats can avail safe accommodation for up to a month, extendable to a year based on the threat assessment.
The accommodation is provided at nominal charges, along with police protection. Free legal aid, marriage registration support, and counseling services are also to be made available through district legal aid cells.
State Yet to Provide Safe House Data
Despite the issuance of this SOP, Senior Advocate Mihir Desai, representing the petitioners, highlighted that the State had yet to provide data on the number of safe houses and special cells already set up in Maharashtra.
Following this, the High Court directed the State to submit these details by October 21, 2024.
This case underscores the ongoing challenges faced by interfaith and inter-caste couples, even after clear directives from the Supreme Court, and highlights the need for better implementation of protection measures at the grassroots level.
Parties Involved:
- Petitioners: Ankur Kumar Bhaskar Kumar Dubey and Anr.
- Respondents: State of Maharashtra and Ors.
- Petitioner’s Counsel: Senior Advocate Mihir Desai with Advocates Rishika Agarwal and Lara Jesani.
- State’s Counsel: Additional Public Prosecutor PP Shinde.
- Bench: Justice Revati Mohite Dere and Justice Prithviraj K. Chavan