The Supreme Court Bench of Justice Ashok Bhan and Justice Markandey Katju on July 7, 2006 laid a landmark on the legal status of honour killings in India. While the case of Lata Singh v. State of Uttar Pradesh was confined to specific facts, the Court looked at the wider lens to deal with a social menace. This case relates to the right of an adult woman to marry a man of her choice, and how families take it on their honour to even kill their own children in the guise of societal norms. Here is what happened in Lata Singh vs State of UP:
Factual Background
- The petitioner was now aged 27-year-old woman (approximately 21 at the time of incident), now aged about 27 years. In 2000, she had completed graduation and was pursuing Masters course in the Lucknow University. After sudden death of her parents, she started living with her brother for past few years.
- It was alleged left her brother’s house of her own free will and got married at Arya Samaj Mandir and they had a child out of this wedlock.
- Thereafter, the petitioner’s brother lodged a missing person report and consequently the police arrested two sisters of the petitioner’s husband along with the husband of one of the sisters and the cousin of the petitioner’s husband.
- Her brothers assaulted, humiliated and harmed the entire family of her husband. Their properties including the house and agricultural lands and shops were forcibly taken over by the brothers of the petitioner and the lives of the petitioner and her husband were in threat. Therefore, she was staying in hiding. On intervention of Rajasthan Women Commission and National Human Rights Commission, police submitted a final report mentioning therein that no offence was committed by any of the accused persons and consequently the accused were enlarged on bail by the Sessions Court.
Issues in the Lata Singh case
- Whether the petition file under article 32 for quashing the criminal proceeding under section 366 and 368 of IPC was maintainable?
- Is the right to marry freely a part of the right to life and personal liberty under Article 21?
- Is inter-caste marriage valid in India?
Lata Singh Vs State of UP
The Supreme court observed that the petitioner being a major was not in dispute. Hence, she was free to marry anyone she liked or live with anyone she liked. There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other Law. Hence, the Court clarified that no offence was committed by any of the accused persons, and the whole criminal case in question was an abuse of the process of the Court as well as of the administrative machinery. All this was done at the instance of the petitioner’s brothers who were only furious because the petitioner married outside her caste. The Court emphasised that the Police were supposed to take action against the Petitioner’s brothers for their unlawful and high-handed acts. However, the Police proceeded against the petitioner’s husband and his relatives instead.
Therefore, the Court pointed towards the allegations in the petition, and ordered the institution of criminal proceedings against the petitioner’s brothers and others involved. The Court directed the Police and administrative authorities across the country to ensure that adult couples in inter-caste or inter-religious marriages were not harassed, threatened, or subjected to violence. Those responsible for such acts should face strict legal consequences. The Court also condemned “honor killings” associated with inter-caste marriages and tagged them as barbaric acts that deserved the harshest punishments. The Apex Court allowed quashment of criminal cases against the petitioner’s husband and his relatives.
Know what happened in Lata Singh v. State of UP
Lata Singh Judgment on Honour Killing
For the petitioner Lata Singh, the Court confirmed a major girl’s right to marry any person of her choice, within or beyond the caste. The Court reinforced the right to marry as a part of the personal liberty in Article 21. On the other hand, the Court criticized the harassment and violence caused by caste issues and said such actions should face strict punishment. This judgement also sent the strong message that the intercaste marriage in India are legal to those societies that they still believe in the Caste System.
In the Lata Singh’s Landmark judgement, it held that she is the major to marry whoever as her husband is outside caste as judgement The Supreme Court stepped in and dismissed all the false charges against her husband’s family. It also made it clear that adults have the right to marry anyone they choose, regardless of caste or religion. The It directed the police to protect Lata Singh and her husband, ensuring their safety.
The analysis of Lata Singh judgment on honour killing is done by our intern, Mr. Tejas Fondu Sawant. He joined the team to assist and bring informational legal blogs.
