Protector has become attacker: Allahabad High Court on police assault of woman who married against family's wishes

The Allahabad High Court on Friday directed the Senior Superintendent of Police (SSP) at Varanasi to inquire into the alleged assault by police personnel inflicted on a woman who married against her family's wishes [Kavita Gupta v. State of Uttar Pradesh]..Justice Rahul Chaturvedi stated that punitive action must be taken against those responsible if the allegations are found to be true. "This is an unacceptable situation where the police personnel who are said to be protector have become attacker"..The Court issued the direction while hearing a habeas corpus petition by the woman's husband seeking the production of his wife, who was allegedly in her father's illegal captivity.The husband of the petitioner had informed the Court that they had married on April 30, 2021 and got their marriage registered in September 2021. He stated that the petitioner was being kept by her family against her wishes since February 2022. .In compliance with the Court's direction, the woman was produced and the judge had an opportunity to have a conversation with her.During this conversation, she informed the Court that her brothers were very cruel to her because she got married against their wishes. She stated that she was brutally assaulted by the police chowki in-charge and two lady constables on April 26 last year..The brothers of the petitioner were asked to sever all ties with their sister, and to not harass or ill-treat her simply because she got married to a man of her choice. Taking into account the threats being advanced by her brothers, the police was asked to provide adequate security to the woman, her husband and her in-laws, and to keep a close vigil over their safety. .Finally, the High Court clarified that the petitioner had every right to go with her husband and was at liberty to do so. The order stated,"Under the peculiar facts and circumstances, accepting that Kavita Gupta is a major girl and she has decided to go with her husband, she has all right to do so. Kavita Gupta is at liberty to go with her husband Mahesh Kumar Vishwakarma.".Advocate Mithilesh Kumar Gupta appeared for the petitioner woman. The respondents were represented by government advocate Ashish Kumar Mishra..[Read order]