PROTECTION ORDER FOR COUPLE - Astha
Couple protection is the broad defense sought by married couples against any violent acts or erroneous accusations from the public or private parties.
Every Indian citizen has a guaranteed right to life and personal freedom under Article 21 of the Indian Constitution. Both the Supreme Judicial and the High Court have ruled in favor of protecting couples who were wed in non-traditional ways, like judicial marriages. This article discusses the importance of safeguarding relationships between partners and the difficulties that newlyweds confront. False accusations are manufactured against the couple’s partners, including kidnapping and rape. The essay also discusses receiving protection from the police, a legitimate authority. A couple can always go to the police station and report the harassment first.
Legal Documentation to Seek Couple Protection
Usually, unmarried couples who have judicial marriages or live together need protection. Any state's court marriage must have been appropriately conducted with the necessary papers to get protection from the High Court.
Every couple or partner has the right to seek defense against any claims of wrongdoing made against them. To request protection from the police against any person or authority harassing the couple or any of the couple's partners, one should go to the nearest police station.
They can also address their concern and ask for protection by going to the Senior Superintendent or the Commissioner of Police.
False allegation
In the case of Runway, the most common issue that comes forward in front of the couple is off all allegation charges. In this case, the police officer can also interfere and harass the couple based on such a complaint. There are two ways to avoid such difficulties. Firstly, one can send a notice which implies an intimation letter. After the marriage has been registered, the letter is drafted and sent to the police station, home or Office of the Superintendent, Female officer, even the Chief Minister, and other administrative authorities. The marriage certificate is also attached and sent through a registered post as the intimation letter. By sending this intimation letter, no false allegations, such rape, kidnapping, etc., can be made against the couple by anyone. On registration of the couple’s marriage, a publication in Lead India newspaper can also be made as a notice to the public of the wedding.
The notice of intimation letter and newspaper publication (the newspaper must be a national newspaper) serve as evidence of marriage along with the documents such as marriage certification and registration of marriage documents.
In Order of Protection hearings, the victim carries the burden of proof. They must show the judge that the perpetrator has harmed or may harm them or their children. It may involve presenting testimony of the abuse, the testimony of witnesses, police reports, documents, and photos. If the burden of proof is met, the judge will sign the order making it in effect for a specified period – usually one year. It will list the conditions the respondent must follow and determine how long it lasts.
Supreme Court on the protection of inter-caste and live-in relationship marriage
In 2020 S.C.’s vacation bench comprised two judges, Justices Ashok Bhushan and Surya Kant, who ordered Delhi and Rajasthan police to protect an inter-caste marriage couple from the threat of their family members.
Brief facts of the case-
The couple, 32 and 26 years old, said they were married on February 28 at a temple in Delhi. The Jaipur-born couple petitioned the Supreme Court for protection from their reportedly hostile family members because of their inter-caste union. To get protection from her relatives, the wife complained to the station house officer at the police station in Jyoti Nagar, Jaipur Metropolitan.
In this case, the court said, “When two adults consensually choose each other as life partners, it is a manifestation of their choice, recognized under Articles 19 and 21 of the Constitution. Such a right has constitutional sanction and thus needs protection and cannot succumb to class honor or group thinking," and order protect the couple.
The protection is given to live couples.
Punjab high court in the year 2021, the court in the case of Ajay Kumar Berwa & Anr. v. State of Rajasthan & Ors, observed that a live-in relationship might not be acceptable to all. Still, it cannot be said that such a relationship is illegal or that living together without the sanctity of marriage constitutes an offense.
Relying on the landmark judgments on the subject, including Lata Singh v. State of UP AIR 2006 SC 2522 and S. Khushboo v. Kanniammal (2010) 5 SCC 600, the bench ordered thus:
"Therefore, having regard to the above submissions but without expressing any opinion on the genuineness or correctness of the allegations made by the petitioners, this petition is disposed of with the direction that learned counsel for the petitioners shall send a copy of the petition along with its annexures to the Station House Officer of concerned Police Station through e-mail, and on receipt of the same, the Station House Officer concerned shall treat it as a complaint and after due inquiry, he shall take necessary preventive measures and other steps to ensure safety and security of the petitioners by law."
Conclusion
Every Indian citizen has a guaranteed right to life and personal freedom under Article 21 of the Indian Constitution. There are many ways to protect our liberty, including a protection order. One can then be provided with security from the state to preserve their life and freedom by exercising protection orders from the court.
