Parental Opposition Not Enough: Allahabad High Court Says Police Protection Not a Right Without Real Threat
The Allahabad High Court has held that couples who marry against the wishes of their parents cannot seek police protection as a matter of right unless there is a clear and established threat to their life or liberty.
The court’s observation came during a hearing on a writ petition filed by Shreya Kesarwani and her husband.
The couple had approached the court seeking protection from their family members and requested that authorities be directed not to interfere in their marital life.
Justice Srivastava Urges Couples to Stand Together
Presiding over the case, Justice Saurabh Srivastava stated that while courts may grant protection in appropriate cases, couples must also “learn to support each other and face the society” if there is no actual threat.
After reviewing the contents of the petition, the court concluded that there was no evidence indicating that the petitioners’ life or liberty was at risk.
No Evidence of Threat or Harm
“There is not even an iota of evidence to evince that private respondents (relatives of either of the petitioners) are likely to cause a physical or mental assault to the petitioners,” the court stated in its order dated April 4.
Referring to the Supreme Court’s decision in Lata Singh vs State of UP (AIR 2006 SC 2522), the High Court underlined that protection cannot be automatically granted simply because a couple has chosen to marry of their own will.
Petition Dismissed in Absence of Threat Perception
The High Court dismissed the writ petition, ruling that there was no requirement to pass an order for police protection in this case.
It reiterated that courts are not obligated to provide security to young individuals who marry without parental approval, as per the precedent set by the Supreme Court.
The court also noted that the couple had not submitted a formal complaint or application to the police regarding any illegal conduct by their relatives.
Police Can Act if Threat Emerges
Although the couple had submitted a representation to the Superintendent of Police in Chitrakoot, the court emphasized that only in the event of a real threat would the police be required to act.
“In case the concerned police find a real threat perception, they will do the needful in accordance with law,” the court observed.
The court further added that if any person attempts to harm or misbehave with the couple in the future, both the police and courts are available to provide necessary assistance.
High Court’s Recent Judgments Under Scrutiny
This ruling comes at a time when the Allahabad High Court has faced criticism for controversial remarks in recent decisions.
The Supreme Court recently expressed concern over the language used in a High Court order granting bail to a rape accused. In that case, the High Court had stated that the complainant “herself invited trouble” by going to the accused’s house after consuming alcohol.
A bench led by Justice BR Gavai found these observations “highly insensitive,” remarking, “Yes, bail can be granted… but what is this discussion that she herself invited trouble, etc.? One has to be careful when saying such things, especially on this side [judges].”
Solicitor General Tushar Mehta also weighed in, stating, “Complete justice should not only be done but also seen to be done.”
Supreme Court Intervenes in Another Allahabad HC Order
In another matter, the Supreme Court took suo motu cognisance of a different order by the Allahabad High Court, which had held that groping and pulling the drawstring of a woman’s attire did not constitute an attempt to rape.
The apex court strongly condemned the observation, describing it as showing “total insensitivity and inhuman approach,” and called the matter “very serious.”
