Allahabad HC ruling: The Allahabad High Court (HC) recently pulled up the UP Police over harassment of adult couples, who have got married with consent, reaffirming individual liberty. The rebuke came when the court was hearing a case and quashed an FIR filed against a married couple in Saharanpur.

The bench comprising Justice JJ Munir and Tarun Saxena criticised the growing trend of interference of cops in marriages between consenting adults, noting that such actions undermine constitutional values and personal freedom.

Allahabad HC ruling: Court slams police’s ‘Disservice’

The court took note of the fact that the police had been engaging in a ‘great disservice’ by registering FIRs and pursuing young couples who had chosen to marry of their own free will. It emphasised that once individuals attain the age of majority, their choices, including the person whom they want to marry and where to live, must be respected. 

The bench remarked, “No one has the right to dictate the life choices of a major,” adding that such interference violates the constitutional culture of the country. 

Details of the case

The bench had been hearing a case in which an FIR had been lodged by a woman’s father under Section 87 of the Bharatiya Nyaya Sanhita (BNS), which pertains to kidnapping or inducing a woman for marriage or illicit purposes. Despite the fact that the woman had married willingly, the FIR was registered. 

The court described the police action as a ‘serious inroad into personal liberty,’ ruling that a missing person complaint should not have culminated in criminal proceedings. 

Court propagates stern message to families, society

In a stern message, the court also addressed such families which interfere in the choices of adults. It said that the Constitution does not permit one adult to dominate or override the will of another. While clarifying that cases involving minors require intervention, the bench upheld that the same does not apply to adults exercising their free will.

Directives issued to UP DGP

The court then issued directives to the Director General of Police (DGP) of UP to take corrective measures and prevent the misuse of legal provisions in the future. Furthermore, the judges remarked that chasing consenting couples and attempting to forcibly separate them could amount to illegal acts, and even offences in some cases. Towards the end of the hearing, the court issued a mandamus, restraining the woman’s father and other respondents from interfering in the couple’s matrimonial life. It explicitly barred them from entering the couple’s home or disrupting their peace in any manner.

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