In lawsuits brought against man that were allegedly filed on behalf of his wife, SC gave the same husband protection from arrest in April.
The Supreme Court has sent notice to the wife and father of a Dalit man from Jharkhand who wed an upper caste woman and is accused of kidnapping his wife. The man's wife and father-in-law will be added as parties involved, and a bench of Justices AM Khanwilkar and Justice Pardiwala has given them notice.
In lawsuits brought against him in April that were allegedly filed on behalf of the man's wife, the Supreme Court gave the same husband protection from arrest. "Issue notice to the newly added respondents, returnable on August 22, 2022," the court said adding that the interim order dated April 11, 2022, to continue till the next date of hearing.
The Jharkhand Police has submitted their response, pleading with the Court to reject the man's petition. The man has been charged by the police with kidnapping a woman and forcing her into marriage. Advocates Utkarsh Singh, Shivam Rajput, and Sureshan P were in charge of the petitioner's defense.
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The man's appeal against non-bailable warrants and proceedings under Section 82 Crpc against him in connection with a case under Section 366 (abducting a woman to force her marriage) of the Indian Penal Code and others was rejected, according to the judgement of the High Court of Jharkhand dated March 22, which is currently being challenged in the apex court.
After the state police objected to his argument and claimed that he was attempting to escape arrest, the Jharkhand High Court ordered him to appear in the relevant court. The petitioner stated that he had experienced social-administrative discrimination as well as caste prejudice.
"The case elucidates that the society is yet not ready to accept a Dalit son-in-law and will go to any extent to abuse the process of law to thwart an inter-caste marriage," the petition read. "The boy belongs to a lower community while the woman is from an upper caste and they have registered their marriage before the Magistrate in Dehradun, Uttrakhand on August 10, 2021," the petition read.
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According to the petitioner's lawyer, Utkarsh Singh, this is a clear case and exemplar of the abuses endured by inter-caste partners and those who assist them in violating social norms by executing an inter-caste marriage. The petitioner is one of many victims of the same as well as non-compliance with the verdict in Shakti Vahini vs. Union of India.
Advocate added, the petitioner and his legally married wife were residing in Himachal Pradesh after their marriage was officially declared when six attackers wearing police uniforms stormed into their home at midnight on August 12 and 13.
The petitioner's advocate claimed that following the assault, the petitioner was left unconscious and his wife was forcibly dragged away around midnight. According to the petition, Himachal and UP Police officials were present when the petitioner's wife was taken away.
The man reported the event to the Himachal Pradesh police and then went to the High Court of Himachal Pradesh with his request for his wife's release in a Habeas Corpus case. The man, his father, and other people were later informed by the Himachal Pradesh Court that a case had been filed against them in Jharkhand on grounds of kidnapping.
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A district Jharkhand court filed a non-bailable warrant against the individual on November 23, 2021. The individual subsequently filed an anticipatory bail motion in a Jharkhand District Court, but it was denied. Later, he appealed the decision to the Jharkhand High Court, but his request for anticipatory bail was also denied.
The petitioner claimed that the Jharkhand High Court dismissed the petition without taking into account the petitioner's in-laws' alleged exploitation of the legal system and without taking into account the fact that the petitioner has committed no offence. Instead, the petitioner claimed that he has been wrongfully accused in this matter with the mala fide objective of preventing any attempt to prosecute his inter-caste marriage.
"The petitioner is grossly aggrieved due to the arbitrary and unconstitutional actions of the respondent and in-laws of the petitioner who has grossly misused the entire system to their advantage depriving him the right to equal protection of laws, life and personal," the man said in his plea filed before Supreme Court.
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(With inputs from ANI)
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