RAVNEET KAUR Vs. STATE OF PUNJAB
LAWS(P&H)-2019-6-58
HIGH COURT OF PUNJAB AND HARYANA
Decided on June 12,2019

RAVNEET KAUR Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

Raj Shekhar Attri - (1.)Notice of motion.
(2.)On the asking of the Court, Ms. Anu Chatrath, Additional A.G. Punjab with Mr. Amit Mehta, Senior DAG, Punjab accepts notice on behalf of the official respondent Nos.1 to 3. Copy of complete paper book be supplied to the learned State counsel during the course of the day.
(3.)The Constitutional philosophy completely eradicates discrimination on the grounds of casts, creed, religion, domicile etc. It has propounded the equality and freedom. But after a lapse of 69 years since after coming into force of the Constitution of India, the citizens, especially in the ruralities, are under the influence of orthodox phenomena and believe in the traditional societies. It gravely affects the doctrine of social justice and equality. The social values in ancient society had propounded freedom, liberty and equality but the shackles of millennium long slavery made the society complexioned one and it resulted into the darkest aspect of castism. Hon'ble Supreme Court of India in case "Lata Singh v. State of U.P. and Anr." Reported as 2006 (5) SCC 475; has observed in para No.17 and 18 as under:-
"17. 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 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 severally 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 anybody or girl who is major undergoes inter-caste or inter-religious marriage with a women or man who is a major, the couple are not harassed by anyone nor subjected to threats or acts of violence, anyone 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 person as provided by law.

18. 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 were 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."



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