Sana Rashid, a 26 year old from Jharkand received protection from the court of Justice Sanjay Kumar Dwivedi who directed that the Senior Superintendent of Police, Ranchi to pass appropriate order so that her dignity and life be protected.
Sana Rashid has claimed in her petition before the high court that she is in friendship with a boy (belonging to a different religion) and her family members are forcibly trying to get her married to a person aged about 52 years and she is not willing to marry that person.
Further, she stated in her plea that she apprehends that the said boy and his family members may be targeted by others. In view of this, she sought protection from her family members.
The Court took into account both the averments made in the petition as well as representations sent to the higher authorities and found that prima facie, the petitioner is in trouble. Thereafter the court directed protection to the woman (Sana Rashid v. The State of Jharkhand and others).
“Para 4 It has been disclosed in the petition that the petitioner is in friendship with a boy, who is of another religion. The petitioner is major and she is 2 W.P. (Cr.) No. 482 of 2022 residing along with her elder sister and brother-in-law and they are trying to get her married with a person aged about 52 years and she is not willing to marry with that person. It has been disclosed in paragraph 13 of the petition that she apprehends that the said boy and his family members may be targeted by others. The petitioner has represented before the Hon’ble Governor and Hon’ble Chief Minister of the State and Senior Superintendent of Police, Ranchi on 22.09.2022 and brought all these facts before them.
“Para 7 Nowadays, educated younger boys and girls are choosing their life partners which, in turn is a departure from the earlier norms of society where caste and community play a major role. There is every likelihood that this is the way forward where caste and community tensions will reduce by such inter-marriage, however these youngsters face threats by the elders of their own family. The right to marry a person of choice was held to be integral to Article 21 of the Constitution of India where the autonomy of an individual inter alia in relation to family and marriage were held to be integral to the dignity of the individual.”
The entire order of the Jharkand high court may be read here.
The Court made this significant remark that nowadays, educated younger boys and girls are choosing their life partners which, in turn, is a departure from the earlier norms of society where caste and community play a major role. Commenting on this, the court also opined that there is every likelihood that this is the way forward where caste and community tensions will reduce by such inter-marriage, however, these youngsters face threats by the elders of their own families.
Against this backdrop, the Court emphasized that the right to marry a person of choice was held to be integral to Article 21 of the Constitution of India where the autonomy of an individual inter alia in relation to family and marriage was held to be integral to the dignity of the individual.
Consequently, seeing the urgency in the matter, the Court passed the aforementioned order directing the Senior Superintendent of Police, Ranchi to hear the petitioner and to pass the appropriate order so that her dignity and life be protected.
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