In a landmark move, the Rajasthan High Court has rolled out a robust SOP aimed at shielding couples who face threats for choosing their partners, ensuring the police uphold their constitutional duty of protection.
Justice Sameer Jain underscored the necessity for a solid institutional mechanism, emphasizing police accountability in protecting couples whose choices defy societal pressures.
“The police authorities bear a constitutional responsibility to provide enhanced protection to the respective couples whose autonomy stands to be scuttled by social actors or groups who deploy extra-legal harassment or threats to entrench the dominant social norms,” the judge declared.
The court’s directives detail a comprehensive procedure for couples, whether married or in a close relationship, seeking police protection:
- Initial Representation: Those fearing threats can file a representation with a designated Nodal Officer, regardless of territorial jurisdiction.
- Interim Protection: The Nodal Officer with jurisdiction must implement interim protection measures immediately if needed.
- Hearing and Decision: The Nodal Officer will hear the applicant in person or through an advocate and decide within seven days.
- Escalation to Superintendent of Police: If dissatisfied, the applicant can escalate to the Superintendent of Police, who must respond within three days.
- Police Complaints Authority: Further grievances can be taken to the Police Complaints Authority.
- High Court Intervention: If unresolved, the High Court’s jurisdiction can be invoked under Article 226 of the Constitution.
The Court also recommended an online system for couples to file representations and track updates.
Furthermore, in cases where familial threats arise, the nodal officer might mediate with the opposing family. These protections extend beyond couples, encompassing individuals like women facing familial violence for refusing marriage and senior citizens resisting monetary demands from dominant local actors.
This groundbreaking order was issued while hearing the plea of a couple married in March, facing familial threats. The Court noted an alarming daily influx of 15-20 similar petitions, highlighting systemic issues requiring judicial intervention for safeguarding lives and liberty.
In addition, the State government has been directed to ensure the establishment of Police Complaints Authorities at both state and district levels, in compliance with the Supreme Court’s directives.
The next compliance hearing is scheduled for September 9.
