Maharashtra takes a step to protect inter-faith and inter-caste couples  

On December 18, 2024, the Maharashtra State Social Justice and Home departments issued a circular, notifying the availability of safe houses in every district of Maharashtra for inter-faith and inter-caste couple, married or unmarried.  Representational image.

The year 2024 is going to remain significant for many who have in the recent past few years, feared threat to their life for loving someone from different caste or religion in Maharashtra.

On December 19, 2024, the Bombay High Court stepped in to protect one such couple by issuing an order on the same day of hearing, to shift the couple to a safe house designated by the government by 6 pm.  

The High Court’s judgement came a day after the Maharashtra State Social Justice and Home departments had issued a circular (December 18, 2024) notifying the availability of safe houses in every district of Maharashtra for inter-faith and inter-caste couple, married or unmarried.   

While hearing the case on December 19, a Division Bench of Justices Revati Mohite-Dere and P.K. Chavan told the Public Prosecutor, “Now that you have created safe houses, give them a safe house. Let’s start our first case with this couple and see how the safe house concept goes. Today they will go to the safe house. Mr. Venegaonkar [public prosecutor Hiten Venegaonkar], you will personally see this case. It is your responsibility that by 6 p.m. you will ensure the couple will be given a safe house in Mumbai suburbs.”  

The Bench also instructed the police to review an application submitted by the petitioner (man) who sought police protection to go to work from December 23, 2024, within 48 hours. “We are also informed that there is a police guard at the safe house to prevent any untoward incident. We, however, direct the concerned police station in that jurisdiction to provide an additional guard at the said safe house, till the petitioners continue to live in the said safe house” the Court observed. 

The petitioners, a Hindu man and a Muslim woman, both 23-years-old, fell in love when they were studying together. Representing the petitioners, senior advocate Mihir Desai and advocate Lara Jesani submitted to the Bench, “Both the petitioners have now decided to get married and accordingly have given notice to the Sub-Registrar’s Office. When the man informed his parents in Pune, they reacted violently. The couple currently face danger to their life from family members. On December 15, 2024, the woman left her home. She also had to leave her job because her workplace was close to her home, and she feared for their safety. They both seek safe homes in Mumbai suburban.”  

On December 9, 2024, the High Court had suggested the State make provision for safehouse in the government guest houses in every district for any such couples facing threats to their life. On the earlier date, advocate Jesani had submitted a brief note on Standard Operating Procedures (SOPs) that outlined the State’s responsibilities to establish safe houses in every district for the protection of interfaith couples with regular security audits to assess their effectiveness; special cells in each police Commissionerate and Superintendent region led by local police officials and supported by District Social Welfare Officers and Women and Child Development Officers; a dedicated emergency helpline for couples in distress; providing of basic amenities like food, kitchen etc. and facilities in the safehouse including free legal aid along with counseling and support for marriage registration.    

The formation of SOP came in picture when in October 2023, the lawyers represented a case of a couple who sought accommodation in safe house and police protection as per the 2018 Supreme Court judgment in Shakti Vahini that laid down guidelines to meet the challenges of the agonising effect of honour crime and also noted that the khap panchayats have no authority to issue diktats or implement laws. Following the High Court order, the couple were provided police protection to register their marriage in Mumbai. The couple had left the city to live in a different state as they feared safety concerns from their family members and there was no safehouse in Mumbai then. 

‘Safe houses’

Seeing a violence against such relationships emerging in the State, the Maharashtra Andhashraddha Nirmulan Samiti (MANS), founded by former late rationalist Dr. Narendra Dabholkar, launched a safe house in February 2024 based in Satara district that provides safe house to such couples. The release issued by the organisation stated that in states like Punjab and Haryana, inter-caste marriage couples end up losing their lives after they don’t obey the society diktat and marry outside their caste. In such States, the government runs safe houses for couples. Satara safe house has been modelled on those lines. 

In 2023, a report by the Dalit Human Rights Defenders Network in collaboration with the National Council for Women Leaders came up with a study done from 2012 to 2021 that revealed minute details of caste-based honour killings from seven states of India– Haryana, Gujarat, Bihar, Rajasthan, Tamil Nadu, Maharashtra and Uttar Pradesh. The report said there has been a discernible rise in the reported cases of honour killings in the country where the victims have faced extreme forms of violence from their family members for choosing inter-faith and inter-caste marriage or relationship.  

The Bombay High Court’s judgement to safeguard the life and safety of such couple is a crucial step because as per Crime in India 2022 data by National Crime Records Bureau (Ministry of Home Affairs), 18 murder cases under the ‘honour killings’ category were reported, however, there could be many that are underreported or registered under the category of murder or other provisions of crime.