logo
States without protection for inter-faith, inter-caste couples in contempt of SC: Mihir Desai

States without protection for inter-faith, inter-caste couples in contempt of SC: Mihir Desai

The Hindu17-05-2025

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.

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

‘State can't object if families agree': SC grants bail to man arrested after inter-faith marriage
‘State can't object if families agree': SC grants bail to man arrested after inter-faith marriage

Scroll.in

time14 minutes ago

  • Scroll.in

‘State can't object if families agree': SC grants bail to man arrested after inter-faith marriage

The Supreme Court has granted bail to a Muslim man who was arrested by the Uttarakhand Police in December under the state's anti-conversion law after he married a Hindu woman. 'State cannot have any objection to the appellant and his wife residing together inasmuch as they have been married as per the wishes to their respective parents and families,' said a bench of Justices BV Nagarathna and SC Sharma in a judgement delivered on May 19. The bench was hearing a petition by a man named Aman Siddiqui, who was arrested under the 2018 Uttarakhand Freedom of Religion Act and sections of the Bharatiya Nyaya Sanhita for allegedly concealing his religious identity and marrying a Hindu woman under Hindu religious customs, the Hindustan Times reported. Siddiqui was in jail for nearly six months. Siddiqui was booked on December 12, two days after his wedding, on a complaint filed by his wife's cousin, who claimed the family discovered the groom's religious identity only after visiting his home in Delhi. In February, Siddiqui's bail application was rejected by the Uttarakhand High Court, which accepted the prosecution's claim that the man and his family had intentionally concealed their religious identity. It took note as evidence an affidavit submitted by Siddiqui the day after the marriage, wherein he pledged not to force his wife to convert and to respect her religious freedom. The High Court had also stated that the marriage was not conducted under the Special Marriage Act, which is typically followed in interfaith unions. Siddiqui then approached the Supreme Court.

J-K: LG Manoj Sinha pays obeisance to Baba Barfani, performs 'Pratham Puja' at holy Amarnath cave
J-K: LG Manoj Sinha pays obeisance to Baba Barfani, performs 'Pratham Puja' at holy Amarnath cave

India Gazette

time18 minutes ago

  • India Gazette

J-K: LG Manoj Sinha pays obeisance to Baba Barfani, performs 'Pratham Puja' at holy Amarnath cave

Jammu and Kashmir [India], June 11 (ANI): Jammu and Kashmir Lieutenant Governor Manoj Sinha on Wednesday paid obeisance to Baba Barfani and performed the 'Pratham Puja' at the holy cave, marking the ceremonial beginning of the annual Amarnath Yatra. 'Har Har Mahadev! Paid my obeisance to Baba Barfani and performed the 'Pratham Puja' at the Holy Cave, marking the ceremonial beginning of the annual Shri Amarnath Ji Yatra. May Baba Amarnathji keep showering his divine blessings on all of us,' posted LG Sinha on X. The Jammu and Kashmir LG urged devotees to turn out in large numbers and come to offer prayers at the holy shrine during the Amarnath Yatra. 'I would request all the devotees of Baba Barfani to visit in large numbers for the Holy Yatra and pray to Mahadev for the progress of J&K and the nation. SASB and Admin have improved the pilgrims' facilities. JKP, Army, CRPF, CAPFs have made foolproof security arrangements,' said LG Sinha after his visit. Earlier in the day, the Vishwa Hindu Parishad (VHP) performed the first puja for the upcoming Amarnath Yatra at the Tawi riverfront. The puja was organised here on the occasion of Jyeshtha Purnima at the Tawi riverfront in Jammu, days ahead of the Amarnath Yatra. On Tuesday, a high-level security meeting chaired by Senior Superintendent of Police (SSP) Udhampur, Amod Ashok Nagpure, IPS, was held to review preparations and strategise for the smooth conduct of the Shri Amarnath Ji Yatra, 2025, officials said. The meeting was attended by Additional SP Udhampur, SDPOs, DySPs, and SHOs from Udhampur, Majalta, Rehambal, and Chenani, along with other officers involved in the Yatra arrangements. SSP Nagpure emphasised the importance of strong inter-agency coordination, robust security planning, and effective communication to tackle any challenges and ensure the safety of pilgrims. The discussions centred on key aspects such as security arrangements, intelligence sharing, traffic management, medical aid, emergency response, and logistical support. Special focus was laid on anti-narcotics operations. SSP Nagpure directed all officers to remain vigilant and conduct proactive drives to dismantle narco networks operating in the region. He also instructed officers to maintain a high level of alertness and operational readiness throughout the Yatra. Regular review meetings, briefing sessions, and mock drills were stressed to ensure the flawless implementation of all plans and protocols, officials said. The Amarnath Yatra is an annual Hindu pilgrimage to the sacred Amarnath Cave Shrine, dedicated to Lord Shiva, located at an altitude of about 3,888 meters in the Himalayas of Jammu and Kashmir (J-K). The cave houses a naturally formed ice Shivling, believed to represent Lord Shiva, and draws lakhs of devotees every year. The Yatra is typically held during the Shravan month (July to August) as per the Hindu calendar, under the supervision of the Shri Amarnathji Shrine Board (SASB) and with coordinated support from security and civil administration. (ANI)

Temple Vandalism Sparks Tension In Bengal's Maheshtala, BJP Slams Mamata Over 'Appeasement'
Temple Vandalism Sparks Tension In Bengal's Maheshtala, BJP Slams Mamata Over 'Appeasement'

News18

time30 minutes ago

  • News18

Temple Vandalism Sparks Tension In Bengal's Maheshtala, BJP Slams Mamata Over 'Appeasement'

Last Updated: In the violence that followed, stones were pelted, and one police officer is said to have sustained injuries Fresh communal tension broke out in Maheshtala, South 24 Parganas district of West Bengal, on Tuesday after a reported incident of temple vandalism led to clashes between two communities. The violence took place near the Rabindranagar Police Station in the Budge Budge area. According to sources, the clash began after a person was stopped from setting up a shop near a local Hindu temple. This reportedly led to a group allegedly vandalising the temple, triggering outrage among local residents. In the violence that followed, stones were pelted, and one police officer is said to have sustained injuries. To control the situation, police resorted to lathicharge and fired tear gas shells. A Rapid Action Force (RAF) team was also deployed to restore peace in the area. Union Minister and West Bengal BJP President Sukanta Majumdar reacted strongly to the incident, blaming the state government for 'Muslim appeasement". In a detailed post on social media platform X, Majumdar accused the Mamata Banerjee-led TMC government of ignoring repeated attacks on Bengali Hindus in Muslim-majority areas of the state. The incident took place under the jurisdiction of Rabindranagar Police Station in Maheshtala, which falls under the infamous @DiamondHrbrPD. To be blunt—this is yet another burning example of the Bhaipo's so-called 'Diamond Model'.If you want to understand the reality Bengali… — Dr. Sukanta Majumdar (@DrSukantaBJP) June 11, 2025 He alleged that a Shiva temple was vandalised right in front of a police station and that local Hindus, including a police officer, were attacked. 'The most outrageous part? Despite knowing exactly who was responsible—a certain 'peace-loving" community—the police didn't take action against them," Majumdar wrote. 'Instead, they charged at the Hindus." The senior BJP leader further accused the state of following a pattern of inaction, referring to similar incidents in Malda and Murshidabad. 'The same pattern was seen in Malda and Murshidabad. Even there, the police stood in silence while horrific violence was unleashed on Hindus. What happened today in Rabindranagar is simply another side of the same coin." 'All of this happened in front of the police, yet they did nothing. They were assaulted, but didn't dare to strike back. The reason is plain—@MamataOfficial's shameless policy of Muslim appeasement, the consequences of which are now deeply embedded even in the state's OBC list," Majumdar stated.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store