HC denies police protection to interfaith couple

The petitioner, represented by advocates Abid Abbas Sayyed and Asif Shaikh, prayed for police protection in view of the alleged threats received by the couple

MUMBAI: The Bombay high court on Tuesday denied police protection to an interfaith couple so they could continue their live-in relationship, saying while the girl was free to choose between living with her family or her partner, the state could not be expected to furnish to their personal choice.

HC denies police protection to interfaith couple

“You want police to be deployed outside your house just because you want to continue living together? Give us a more feasible solution,” the court told the petitioner, a 20-year-old Muslim man, who sought his 19-year-old Hindu partner’s release from “unlawful detention” at a government women’s protection home in Chembur. The petition alleges that societal and familial pressure by those opposed to their interfaith relationship had resulted in a gross violation of their fundamental rights.

The petitioner, represented by advocates Abid Abbas Sayyed and Asif Shaikh, prayed for police protection in view of the alleged threats received by the couple. They argued that the girl, being a major, was capable of making her own decisions and should therefore be released from illegal detention.

Advocate Sana Raees Khan, representing the girl’s father, argued on the maintainability of the petition, saying the petitioner had not attained 21 years of age, which is the minimum age of marriage for males as per the Prohibition of Child Marriage Act, 2006. He had also been booked for serious charges like kidnapping and detailed investigation, she added.

Khan also claimed that girl’s consent to live with the Muslim man was on account of coercion and undue influence and said that she had changed her mind and decided to stay with her parents after meeting her father recently.

The division bench of justices Bharati Dangre and Manjusha Deshpande, however, interjected, saying, “She is an adamant girl. She had told us she wanted to stay with the boy. We are surprised if she has changed her mind, by any chance.”

The judges emphasised that the girl was allowed to make her own decisions as she was a major. Calling her a ‘rebel’, they recounted the counselling session with her earlier and said she was very clear about her decision of staying with her partner under any given circumstances.

“We tried our level best to talk to her...She does not want to go back to her family; she does not want a single penny from her father,” the court noted and asked the girl to be produced before it during the next hearing on December 13.