The district magistrate or police chief have to provide couples, who risk the wrath of khap panchayats, not only with logistics and protection at their wedding but also a “safe house” to stay during the first year of marriage.
The safe house, located in the same district or elsewhere, can accommodate the couple for a nominal charge. State governments have to establish safe houses in district headquarters.
But before the district magistrate or the police chief take the couple under their official protection, they have to assess whether the “bachelor-bachelorette are capable adults.” These are part of a slew of guidelines from the Supreme Court to help young couples whose lives are under threat from their families, local community or khaps for choosing to marry outside their caste or religion.
The safe houses would function under the direct supervision of the jurisdictional District Magistrate and Superintendent of Police.
In its list of preventive measures, a three-judge Bench led by Chief Justice Dipak Misra asked States to identify areas where instances of honour killing or assembly of khap panchayats were reported in the past five years. The court puts the responsibility squarely on State governments to issue directives to district police chiefs to warn the police station officers to be extra-cautious if any instance of inter-caste or inter-religious marriage within their jurisdiction comes to their notice. The police could even propose to the District Magistrate or the competent authority to invoke prohibitory orders under Section 144 Cr.P.C.
Khap members can be taken under preventive arrest in case any harm is caused or imminent threat is posed to the couple or their families. Despite warnings, if khap panchayats are held, the police should immediately lodge an FIR and commence the probe.
Any failure on the part of the police or a district officer would make them liable for departmental action for deliberate negligence or misconduct.
The Supreme Court has asked States to create Special Police Cells in every district, provide 24-hour helplines for couples and set up fast track courts to complete honour killing trials in six months.
The Supreme Court directed the guidelines to be implemented in six weeks.
