Even After 75 Years Of Independence, Families Are Still Against Inter-Caste Marriages: Allahabad HC Expresses Anguish
The Allahabad High Court while hearing an application to quash a chargesheet, expressed its anguish that even after 75 years of independence, families still are against inter-caste marriages.
The Bench of Justice Rahul Chaturvedi was hearing an application filed by the victim and her husband who is the accused, to quash the chargesheet filed against the husband under Section(s) 363 and 366 Indian Penal Code, 1860 and Section 7/8 of The Protection of Children from Sexual Offences Act, 2012 (POCSO).
The victim who hails from an OBC community fell in love with her husband who belongs to a Schedule Caste, married him when she was 17 years old and a boy was born out of wedlock.
Advocate Laloo Yadav appeared for the applicants.
While directing the father of the victim to appear before the Court, Justice Rahul Chaturvedi noted, "This is the clear case of our society's dark face, where the families still, feel shy to get their son or daughter to marry inter-caste".
The Court further observed, "...The court after hearing the parties, records its deepest anguish, whereby this social menace is so deep-rooted that even after 75 years of independence".
After referring to a series of judgments, including the Apex Court's judgment in the matter of Mafat Lal and Another Vs. State of Rajasthan, held, "This is the greatest impediment in our society but the requirement of the law is that when both the parties have agreed and now they are happily residing as husband and wife with their small kid, there cannot be any impediment in accepting this marriage".
The Court also observed in the order, "...The opposite party No. 2 is the father of the victim who lodged the FIR and still contesting the case against the applicant. He must have been aware that her daughter is now a mother of a small baby and he ought to have, for the bright future of his girl, withdraw the case".
The Court stayed all further proceedings in the case before the Sonbhadra District Court.
Cause Title- SK & Anr v. State of UP