The Rajasthan High Court has issued comprehensive guidelines on providing police protection to couples and individuals facing threats to their safety due to personal choices, in a significant judgment that emphasizes the state’s duty to safeguard constitutional rights against extra-legal coercion.
Justice Sameer Jain delivered the ruling in S.B. Criminal Writ Petition No. 792/2024, which was filed by a married couple seeking protection from family members who opposed their inter-caste marriage.
Key Issues and Court’s Observations:
1. Constitutional Rights: The court affirmed that the choice of one’s partner is protected under Articles 14 and 21 of the Constitution. It stated: “The constitutional guarantees under Articles 14 and 21 bolster the claim for enhanced police protection for the major persons who exercise their personal autonomy to choose their partners/spouses, and thus apprehend extra-legal threats to their safety from other social actors or groups.”
2. State’s Obligation: The judgment emphasized the constitutional duty of the state to protect individuals exercising their autonomy. The court observed: “This Court recognises the constitutional duty of the State and its instrumentalities to ensure that appropriate laws and policies are enacted and implemented to respect, protect, and promote the respective persons’ autonomy to choose their partners/spouses post attaining the age of majority.”
3. Police Accountability: The court found existing mechanisms for police accountability in Rajasthan inadequate and directed the state to constitute Police Complaints Authorities at state and district levels within one month, as per Supreme Court guidelines in the Prakash Singh case.
Guidelines Issued:
The court laid down a detailed procedure for seeking police protection:
1. Applicants can file representations before designated Nodal Officers.
2. Nodal Officers must decide on representations within 7 days.
3. Appeals can be made to Superintendents of Police and then to Police Complaints Authorities.
4. High Court can be approached only after exhausting these remedies.
The court directed the state to promulgate a Standard Operating Procedure incorporating these guidelines and make it accessible at all police stations.
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While arising from a case involving an inter-caste couple, the court clarified that these guidelines would apply to all individuals facing extra-legal threats for exercising personal autonomy, including women resisting forced marriages or seniors facing extortion.
Lawyers:
Mr. Tribhuvan Narayan Singh, Mr. Sukhdev Singh Solanki and other advocates argued for the petitioners, highlighting systemic issues in police response to protection requests. Mr. G.S. Rathore, GA-cum-AAG represented the state.
