Bombay High Court seeks data on safe houses for interfaith/ inter-caste couples

The Bombay High Court recently directed the Maharashtra government to provide data on the number of safe houses and special cells established in each district for the protection of inter-caste and interfaith couples [Ankur Kumar Bhaskar Kumar Dubey and Anr v. State of Maharashtra and Ors].

The order was passed by a Bench of Justice Revati Mohite Dere and Justice Prithviraj K Chavan on a petition filed last year by an interfaith couple who sought protection and safe accommodation in accordance with the Supreme Court's 2018 Shakti Vahini judgment.

The top court's ruling had affirmed individual's fundamental right to choose their partner and outlined several preventive measures, including identifying districts with a high incidence of honor killings, providing shelter for couples and establishing 24-hour helpline numbers to ensure the safety of interfaith and inter-caste couples.

In an earlier order, the High Court had granted the couple interim police protection to facilitate their marriage registration in Mumbai.

During one of the recent hearings, State prosecutor PP Shinde presented a Standard Operating Procedure (SOP) issued by the Home Department on September 13 this year for the implementation of the directives issued by the apex court for the safety of interfaith couples.

The SOP outlined the State's responsibilities to establish safe houses in every district for the protection of interfaith couples.

According to the SOP, special cells are to be created in each police Commissionerate and Superintendent region led by local police officials and supported by District Social Welfare Officers and Women and Child Development Officers.

It also provides dedicated emergency helpline, 112, for couples in distress, ensuring that complaints are directed to the appropriate special cells.

The SOP also mandates the establishment of safe houses in every district, with regular security audits to assess their effectiveness.

Special cells will verify the age of couples seeking assistance and evaluate any threats they may face. If necessary, safe accommodation can be provided for up to a month at nominal charges along with police protection. This accommodation can be extended for up to a year depending on an assessment of the threat level.

Additionally, free legal aid will be available through district legal aid cells along with counseling and support for marriage registration.

However, during a subsequent hearing, the petitioner's counsel, Senior Advocate Mihir Desai, noted that despite the issuance of the SOP, the State was yet to provide details on the number of safe houses and special cells established in each district.

The Court then asked the State to submit those details by October 21.

Senior Advocate Mihir Desai along with advocates Rishika Agarwal and Lara Jesani appeared for the interfaith couple.

Additional Public Prosecutor PP Shinde appeared for the State of Maharashtra.

[Read Order]