Rajasthan High Court issues SOP for police protection of couples facing threats for choice of partner

The Rajasthan High Court on Friday observed that police authorities have a constitutional responsibility to provide enhanced protection to couples facing threats or harassment from social actors or groups enforcing dominant social norms [Suman Meena v. State Of Rajasthan]..Justice Sameer Jain stressed that there must exist an appropriate institutional mechanism for such couples to ensure that police officers are held accountable for their failure to protect them.“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 said..The Court, accordingly, issued a procedure to ensure that couples who are married or are simply in a close relationship are given adequate police protection.The following directions shall extend to, but shall not be limited to, the persons who may face such threats on account of their choice of partner/spouse:Those apprehending threats may file a representation before a designated Nodal Officer, who may or may not have territorial jurisdiction over the matter.The Nodal Officer having territorial jurisdiction over the matter shall implement measures to ensure interim protection for the applicant, if required, on an immediate basis.The Nodal Officer having territorial jurisdiction over the matter shall consider the representation, afford an opportunity of appearance and hearing to the applicant in person or through an advocate, and decide on the representation within 7 days of receiving the representation.If aggrieved by the decision/inaction of the Nodal Officer, the applicant may file a representation before the Superintendent of Police.The Superintendent of Police shall consider and decide on the representation within 3 days of receiving the representation.If aggrieved of the decision/inaction of the respective Superintendent of Police, the applicant may file a complaint before the ‘Police Complaints Authority’.When the applicant is aggrieved by the decision of the Police Complaints Authority, or the proceedings are not concluded within a reasonable period of time, the applicant may invoke the High Court’s jurisdiction under Article 226 of the Constitution..The Court also said that the State government should create an online mechanism through which couples can file such representations and receive updates regarding the proceedings.It also said that in cases where the couples are facing extra-legal threats from their family members, the nodal officer may conduct mediation with the opposing family.Pertinently, the Court said that its directions would apply to complaints of persons other than couples also. “For instance, such protection may be required in the case of women who face threats of extra-legal violence from their family members, on account of their choice not to solemnize marriage at the family’s behest. Such protection may also be required in the case of the persons, especially senior citizens, who refuse to concede to the extra-legal monetary demands made by the dominant political/social actors in the locality.”.The Court passed the directions while hearing the case of a young couple who married in March this year. They were facing threats from the family members of the woman. While dealing with this matter, the Court noted that on a daily basis, approximately 15-20 such petitions are filed before it. It also observed that couples approach the Court without having first filed a representation before the police.“This Court considers the filing of a sizeable number of petitions relating to police protection by persons who apprehend extra-legal threats to their safety, with most such petitions being filed before this Court at the first instance, to be indicative of an underlying systemic malaise which requires the intervention of this Court for the respective persons’ lives and liberty to be safeguarded,” it said..Meanwhile, the Court also directed the State government to take requisite measures to ensure that the Police Complaints Authorities at the state and district levels are appointed and constituted in accordance with the Supreme Court’s directions in Prakash Singh and others v. Union of India and others.The matter is listed for September 9 for compliance with the Court's directions..Advocates Tribhuvan Narayan Singh, Sukhdev Singh Solanki, Chitrank Sharma, Moharpal Meena, Arvind Balot, Prakash Thakuriya and Suresh Kumar represented the petitioners.Advocates GS Rathore and Atul Sharma represented the State..[Read Judgment]