Issue Of Caste Looms Large Over Human Relationship With Strong Biases And Conditioning: Gujarat HC Directs SP To Escort Inter-Caste Couple To UP [Read Order]

Issue Of Caste Looms Large Over Human Relationship With Strong Biases And Conditioning: Gujarat HC Directs SP To Escort Inter-Caste Couple To UP [Read Order]

26 Sep 2020

Issue Of Caste Looms Large Over Human Relationship With Strong Biases And Conditioning: Gujarat HC Directs SP To Escort Inter-Caste Couple To UP [Read Order]

The Gujarat High Court on Wednesday (23rd
September) directed the Superintendent of
Police, Valsad to make an arrangement for an Intercaste Couple to be escorted till
Prayagraj in the State of Uttar Pradesh.
The Division Bench of Justice Sonia Gokani and Justice N. V. Anjaria also observed,
“It is although not an issue, which needs to be dealt with by this Court, suce to note that
the issue of caste looms large over the human relationship with strong biases and
conditioning.”

Background
A petition was preferred under Article 226 of the Constitution of India for issuance of a
writ of habeas corpus or any other appropriate writ, as the daughter of the petitioner was
missing from 09.01.2020.
The police had also not lodged the First Information Report, as she was 18 years and 01
month old. Grievance on the part of the petitioner was that no whereabouts could be
known of the daughter.

The Court issued the notice returnable on 02.09.2020 and ordered that the corpus be
brought before the Court.
Court Proceedings on 23rd
September
Attempts were made by the police authority to trace and nd the girl and, nally on
Wednesday (23rd
September) she was brought before the Court and was presented
through the video conferencing arranged at District Court, Vapi.
The Court conversed with the corpus, who had already married respondent No.3. She
was already 18 years of age, when she chose to join respondent No.3. According to her,
she is married to him. The marriage certicate was brought on record.

As per her version, she was very scared of her parents, as she is married in a different
caste and, therefore, she chose not to reveal her departure to the parents, nor she had
intimated her parents after leaving her parental home.
She was unwilling to join her parents and insisted to be with respondent No.3.
Respondent No.3 also ensured to take good care of the corpus.
Respondent No.3 was earning his livelihood at Vapi, however, he stopped work at Vapi so
as to go back to the State of Uttar Pradesh, as he felt unsafe to continue at Vapi.

The Court had requested the Additional District and Sessions Judges to ensure that the
meeting between the parties is conducted in a cordial atmosphere. It was reported to the
Court that meeting though went on cordially, there is no chance of any compromise.
Court’s Order
In this context, the Court noted,
“Since the couple is desirous to go to the State of Uttar Pradesh and not to continue at
Vapi, the Superintendent of Police, Valsad shall make an arrangement for them to be
escorted till Prayagraj in the State of Uttar Pradesh. If necessary, he shall also
communicate to his counterpart in the State of Uttar Pradesh so that the protection can
be made available to the couple there also.” (emphasis supplied)

Further, the Court observed,
“The corpus not being in illegal custody any longer and having married to the person of
her choice, who incidentally is not from her own caste, there does not appear to be any
reason for this Court to entertain this petition any further which is preferred by the
parents by making a request for a writ of habeas corpus.” (emphasis supplied)
Lastly, the Counsel for the applicant, as an ocer of the Court, was directed to ensure
and he shall also convey very rmly the order and directions issued by this Court to the
petitioner, who shall attempt to take the law in the hands, for his grievance, recourse to
the law can be resorted to. If done directly or indirectly, serious consequences shall be
visited.

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