States without protection for inter-faith, inter-caste couples in contempt of SC: Mihir Desai
Prominent human rights lawyer Mihir Desai has said that all States which have failed to put in place mechanisms for the protection of inter-faith and inter-caste couples are in contempt of the Supreme Court. He was referring to the apex court's 2018 Shaktivahini judgment, which directed all States to establish protective measures for such couples, including helplines, special cells, and safe houses.
In an interview with The Hindu, Mr. Desai emphasised the urgent need for a national law to protect the rights of individuals entering interfaith and intercaste marriages. 'An overwhelming majority of the States do not have the mechanism to protect such couples. In fact, by not having these mechanisms, they are in complete violation of the Supreme Court orders. They are in contempt,' he said.
Mr. Desai drew a parallel with the Vishakha guidelines on workplace sexual harassment, noting that codification into law could provide the much-needed legal framework. 'If a law is properly worded and drafted in the right spirit, it would be very welcome,' he added, while expressing doubt about the political will for such legislation.
The lawyer was speaking in the context of a recent order issued by the Maharashtra government, which laid out detailed Standard Operating Procedures (SOPs) for the protection of inter-faith and inter-caste couples. The order followed sustained monitoring by the Bombay High Court in response to a petition filed by Mr. Desai on behalf of a Hindu man and a Muslim woman who were forced to flee to Delhi in 2022 following threats over their decision to marry.
The couple approached the Bombay High Court in September 2023, seeking protection and safe housing. After nearly two years of court-monitored proceedings, the Maharashtra government submitted SOPs that satisfied the court, leading to the disposal of the petition.
Mr. Desai expressed gratitude to the High Court, stating that the State's response would not have materialised without judicial intervention. 'On its own, the State government would not have acted - especially in a political environment where there is hostility towards inter-faith marriages, and a focus on so-called 'freedom of religion' laws that are effectively aimed at curbing conversions, rather than safeguarding individual autonomy,' he said.
Systemic Patriarchy and Social Backlash
Reflecting on the broader societal landscape, Mr. Desai said, 'Even today, inter-caste marriages are shunned. Just look at the matrimonial columns. There is fierce resistance to inter-faith marriages not just from families, but also from communal forces across all religions.'
He noted that the threats and violence faced by such couples reflect deep-rooted patriarchal and regressive attitudes. 'The idea that an adult woman has the agency to choose her partner is still difficult for many to accept. That is how patriarchy operates in India,' he said.
Need for Proactive State Intervention
Mr. Desai also criticised the general reluctance of the State to proactively defend the individual's fundamental right to choose a life partner. 'The State needs to step in - even if it means confronting societal pressure - to uphold the rule of law and constitutional rights,' he said.
The Shaktivahini judgment, delivered in the context of caste-based violence and khap panchayats in Haryana, recognised that inter-faith couples also face significant threats across the country. The guidelines issued by the Supreme Court in 2018 called for: (1) helplines to report threats and seek immediate assistance, (2) special cells for lodging complaints, and (3) safe houses for couples at risk of violence.
This week, Maharashtra became one of the few States to formally implement all three components.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


The Hindu
34 minutes ago
- The Hindu
Secular parties should approach minorities directly: Sebastian Paul
Veteran politician Sebastian Paul on Monday (June 9) said it was high time the Communist parties in Kerala reached out to the Christian community without the mediation of the community-based political organisations. He was speaking at a seminar on 'Religions and Political Parties', held as part of the second anniversary celebrations of Deshiya Manavika Vedi in Kozhikode. Mr. Paul urged Communist parties to come up with an action plan to create political awareness among the members of the community rather than appease the smaller political parties that often represent the community. 'It is quite difficult to bridge the gap between followers of communism and Christianity. Communist governments across the world have often clashed with the Church, not due to religious reasons, but due to financial and political factors,' he said. He added that the core values advocated by Jesus Christ and Karl Marx were strikingly similar, as both stood for the oppressed and marginalised. 'However, the Church later transformed into a protector of vested interests, owning large tracts of property, while communism advocated for equitable distribution of resources among the public,' Paul said. Filmmaker P.T. Kunhumuhammed, who presided over the seminar, pointed out the lack of influence of political organisations that claim to represent the Muslim population of the State. He shared Mr. Sebastian Paul's opinion that the major political parties should establish a direct line of contact with the minority communities. Social critic KEN Kunjahammed, MES president Fazal Gafoor, and writer Khadeeja Mumtaz also participated in the session. Writer K. Satchidanandan joined the discussions virtually.


New Indian Express
40 minutes ago
- New Indian Express
Supreme Court grants interim protection from arrest to MP Journalist alleging police assault
The Supreme Court on Monday directed two Madhya Pradesh-based journalists, who have accused the Bhind superintendent of police and other officers of custodial assault and harassment, to approach the Madhya Pradesh High Court for relief. The court granted them interim protection from arrest for two weeks to allow time to file their plea. A bench comprising Justices Prashant Kumar Mishra and Manmohan told the petitioners—Shashikant Jatav and Amarkant Singh Chouhan—that it was not inclined to entertain their plea under Article 32 of the Constitution. However, noting the gravity of the allegations, the bench permitted them to seek remedy before the High Court. 'We are not entertaining the plea. However, looking at the allegations, we permit the petitioners to move the concerned high court within two weeks from today. Till the time the petitioners move high court …the petitioners shall not be arrested,' Justice Mishra said. The journalists have alleged that they were targeted by police due to their reporting on alleged corruption related to sand mining. In their plea, they sought protection from coercive action by the MP Police and claimed they feared for their lives. The petition also accused a senior police officer and his subordinates of kidnapping, custodial assault, and using casteist slurs against them. The bench previously questioned why the Bhind superintendent of police had not been made a party to the petition. "It is very easy to say all kinds of things against an IPS officer without making him a party. Whatever comes to your mind, just put it in black and white against the IPS officer," the bench remarked. The court also asked why the National Human Rights Commission (NHRC) and the National Capital Territory (NCT) of Delhi were named as respondents. The counsel for the journalists said the NHRC had been included because a complaint had been filed there, but agreed to remove it from the petition. On the inclusion of NCT of Delhi, it was submitted that both petitioners are currently residing in the national capital. Meanwhile, on May 28, the Delhi High Court had granted Chouhan interim protection for two months after he claimed that the Bhind SP had threatened him following an alleged assault in his office. The Supreme Court has listed the matter for further hearing on June 9.


Hindustan Times
41 minutes ago
- Hindustan Times
In Madurai, the BJP's pitch to win Tamil Nadu
Tamil Nadu's assembly elections are due only in April next year. However, the BJP has already sounded the poll bugle. Union home minister Amit Shah addressed a public meeting in Madurai on Sunday, where he accused the ruling DMK of running a corrupt government. He also flagged Operation Sindoor and reminded the audience that Prime Minister Modi had installed the sengol (sceptre) at the new Parliament premises. With an alliance with the AIADMK, the chief opposition party, almost in place, the BJP seems to have readied its arsenal to launch a poll battle in Tamil Nadu. That Shah chose to launch the BJP's campaign in Madurai is not at all surprising. Madurai is both the state's cultural capital and the gateway to southern Tamil Nadu, a region where the BJP has made significant inroads since the 1980s. But can the BJP translate these gains into electoral wins? Shah's speech suggests that the party is likely to rely on nationalism, corruption allegations and faith to tide over the formidable political alliance that the DMK leads. In recent years, the DMK has doubled down on its Dravidian legacy, also in a bid to corner the BJP on charges of promoting a Hindi-Hindu nationalism, which it claims is against the political and cultural ethos of Tamil Nadu. The BJP has also embraced local symbols (sengol, for instance) and faith traditions to appeal to the faithful in the state. Shah pointedly spoke about the Murugan conference that Madurai is set to host later this month. Five years ago, the party had held a Vel (spear) Yatra to appeal to followers of this popular Tamil deity. Considering the competitive nature of Tamil politics, with multiple fronts likely to be in the fray, any incremental gains in vote share can make a difference to the outcome. The BJP is aware of it.