It is Time Society Learns to Accept Inter-Caste & Inter-Faith Marriages: SC

NEW DELHI: The Supreme Court on February 8 laid emphasis on the right of adults to choose their life partner, and added that it is time society learns to accept inter-caste and inter-faith marriages without hounding the couples.

A Supreme Court bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy further observed that it would "hardly be a desirable social exercise" for parents to ostracize their children only because they decided to get married to a partner outside the boundaries of their caste or community.

The Apex Court observed that educated young adults are paving the way forward to reduce caste and community tensions in India by crossing the boundaries of caste and community in marriage.

Justice Kaul quoted B.R. Ambedkar's Annihilation of Caste, in which the 'Father of the Constitution' said, "I am convinced that the real remedy is intermarriage. The fusion of blood can alone create the feeling of being kith and kin, and unless this feeling of kinship, of being kindred, becomes paramount, the separatist feeling—the feeling of being aliens—created by caste will not vanish".

The judgement was made by the bench while hearing a case of an inter-caste marriage from Karnataka. Seeking protection from criminal charges, the couple petitioned the top court after a criminal case was lodged by the woman's father.

The woman, an MBA from Karnataka went to Delhi to marry the man, an MTech and an assistant professor from Uttar Pradesh. The woman's parents were opposed to this relationship. Subsequently, her father filed a missing person complaint which was then converted into an FIR at Belagavi in Karnataka.

The Supreme Court stayed the first information report (FIR) by an order in December last year and sought a response from the Karnataka government.

The bench further noted that once two consenting adults who chose to be with each other they could not be made accused in a criminal case only on account of their parents' refusal to accept their relationship.

The Court also directed the police authorities to not only counsel the investigating officers but device a training programme to deal with such cases for the benefit of the police personnel. "We expect the police authorities to take action on this behalf in the next eight weeks to lay down some guidelines and training programmes on how to handle such socially sensitive cases," the Supreme Court ordered.

Appearing on behalf of Karnataka government, Advocate Subhranshu Padhi, told the bench that the woman was yet to give her statement before the concerned police station in Belagavi regarding her consensual relationship and marriage with the man concerned, and hence the investigation into the father's complaint was still ongoing.

But the bench raised the question as to why the investigating officer did not accept the woman's request to record her statement at a place of her choice so that she could feel safe.

Advocate Prabhat Kumar Rai, appearing on behalf of the couple, referred to the letter sent by the woman to the investigating officer and various other senior police officials in Karnataka. These letters included information regarding the marriage of the couple which was solemnised in October 2020. The woman also sent a copy of her marriage certificate to the concerned authorities. Advocate Rai further added that the woman was concerned about her safety, should she appear at the Belagavi police station. The advocate also noted that the Indian laws and Constitution, under Article 21 (right to life and liberty), guarantees an individual the right to marry a person of their own choice.

Justice Kaul observed that "consent of the family or community or clan is not necessary once the two adult individuals agree to enter into a wedlock and that their consent has to be piously given primacy".

He said that the younger generation that chooses to marry beyond their caste and community was facing threats from elders.

"The courts have been coming to the aid of these youngsters," Justice Kaul noted.

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