Guidelines issued by Apex Court on Honour Crime.

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 231 OF 2010

Shakti Vahini Petitioner(s)

Versus

Union of India and others Respondent(s)

.....To meet the challenges of the agonising effect of honour crime, we think that there has to be preventive, remedial and punitive measures and, accordingly, we state the broad contours and the modalities with liberty to the executive and the police administration of (2013) 14 SCC 672 the concerned States to add further measures to evolve a robust mechanism for the stated purposes.

 I. Preventive Steps:-

(a) The State Governments should forthwith identify Districts, Sub-Divisions and/or Villages where instances of honour killing or assembly of Khap Panchayats have been reported in the recent past, e.g., in the last five years.

 (b) The Secretary, Home Department of the concerned States shall issue directives/advisories to the Superintendent of Police of the concerned Districts for ensuring that the Officer Incharge of the Police Stations of the identified areas are extra cautious if any instance of inter-caste or interreligious marriage within their jurisdiction comes to their notice.

(c) If information about any proposed gathering of a Khap Panchayat comes to the knowledge of any police officer or any officer of the District Administration, he shall forthwith inform his immediate  superior officer and also simultaneously intimate the jurisdictional Deputy Superintendent of Policeand Superintendent of Police.

(d) On receiving such information, the Deputy Superintendent of Police (or such senior police

officer as identified by the State Governments with respect to the area/district) shall immediately

interact with the members of the Khap Panchayat and impress upon them that convening of such

meeting/gathering is not permissible in law and to eschew from going ahead with such a meeting. Additionally, he should issue appropriate directions to the Officer Incharge of the jurisdictional Police Station to be vigilant and, if necessary, to deploy adequate police force for prevention of assembly of the proposed gathering.

(e) Despite taking such measures, if the meeting is conducted, the Deputy Superintendent of Police shall personally remain present during the meeting and impress upon the assembly that no decision  can be taken to cause any harm to the couple or the family members of the couple, failing which  each one participating in the meeting besides the organisers would be personally liable for criminal  prosecution. He shall also ensure that video recording of the discussion and participation of the  members of the assembly is done on the basis of which the law enforcing machinery can resort to  suitable action.

(f) If the Deputy Superintendent of Police, after interaction with the members of the Khap

Panchayat, has reason to believe that the gathering cannot be prevented and/or is likely to cause

harm to the couple or members of their family, he shall forthwith submit a proposal to the District  Magistrate/Sub-Divisional Magistrate of the District/ Competent Authority of the concerned area  for issuing orders to take preventive steps under the Cr.P.C., including by invoking prohibitory orders under Section 144 Cr.P.C. and also by causing arrest of the participants in the assembly  under Section 151 Cr.P.C.

(g) The Home Department of the Government of India must take initiative and work in coordination with the State Governments for sensitising the law enforcement agencies and by involving all the stake holders to identify the measures for prevention of such violence and to implement the constitutional goal of social justice and the rule of law.

(h) There should be an institutional machinery with the necessary coordination of all the

stakeholders. The differe nt State Governments and the Centre ought to work on sensitization of the  law enforcement agencies to mandate social initiatives and awareness to curb such violence. II.Remedial Measures:-

(a) Despite the preventive measures taken by the State Police, if it comes to the notice of the local  police that the Khap Panchayat has taken place and it has passed any diktat to take action against a  couple/family of an inter-caste or inter-religious marriage (or any other marriage which does not  meet their acceptance), the jurisdictional police official shall cause to immediately lodge an F.I.R.  under the appropriate provisions of the Indian Penal Code including Sections 141, 143, 503 read   with 506 of IPC.

(b) Upon registration of F.I.R., intimation shall be simultaneously given to the Superintendent of

Police/ Deputy Superintendent of Police who, in turn, shall ensure that effective investigation of the crime is done and taken to its logical end with promptitude.

(c) Additionally, immediate steps should be taken to provide security to the couple/family and, if

necessary, to remove them to a safe house within the same district or elsewhere keeping in mind

their safety and threat perception. The State Government may consider of establishing a safe house  at each District Headquarter for that purpose. Such safe houses can cater to accommodate

(i) young bachelor-bachelorette couples whose relationship is being opposed by their families /local  community/Khaps and (ii) young married couples (of an inter-caste or inter-religious or any other

marriage being opposed by their families/local community/Khaps). Such safe houses may be placed

under the supervision of the jurisdictional District Magistrate and Superintendent of Police.

(d) The District Magistrate/Superintendent of Police must deal with the complaint regarding threat  administered to such couple/family with utmost sensitivity. It should be first ascertained whether the bachelor-bachelorette are capable adults. Thereafter, if necessary, they may be provided  logistical support for solemnising their marriage and/or for being duly registered under police  protection, if they so desire. After the marriage, if the couple so desire, they can be provided  accommodation on payment of nominal charges in the safe house initially for a period of one month  to be extended on monthly basis but not exceeding one year in aggregate, depending on their threat  assessment on case to case basis.

(e) The initial inquiry regarding the complaint received from the couple (bachelor-bachelorette or a young married couple) or upon receiving information from an independent source that the

relationship/marriage of such couple is opposed by their family members/local community/Khaps shall be entrusted by the District Magistrate/ Superintendent of Police to an officer of the rank of Additional Superintendent of Police. He shall conduct a preliminary inquiry and ascertain the authenticity, nature and gravity of threat perception. On being satisfied as to the authenticity of suchthreats, he shall immediately submit a report to the Superintendent of Police in not later than one week.

(f) The District Superintendent of Police, upon receipt of such report, shall direct the Deputy

Superintendent of Police incharge of the concerned sub-division to cause to register an F.I.R.

against the persons threatening the couple(s) and, if necessary, invoke Section 151 of Cr.P.C.

Additionally, the Deputy Superintendent of Police shall personally supervise the progress of

investigation and ensure that the same is completed and taken to its logical end with promptitude.

In the course of investigation, the concerned persons shall be booked without any exception

including the members who have participated in the assembly. If the involvement of the members of Khap Panchayat comes to the fore, they shall also be charged for the offence of conspiracy or abetment, as the case may be.

III. Punitive Measures:-

(a) Any failure by either the police or district officer/officials to comply with the aforesaid directions  shall be considered as an act of deliberate negligence and/or misconduct for which departmental  action must be taken under the service rules. The departmental action shall be initiated and taken to  its logical end, preferably not exceeding six months, by the authority of the first instance.

(b) In terms of the ruling of this Court in Arumugam Servai (supra), the States are directed to take  disciplinary action against the concerned officials if it is found that (i) such official(s) did not prevent the incident, despite having prior knowledge of it, or (ii) where the incident had already  occurred, such official(s) did not promptly apprehend and institute criminal proceedings against the culprits.

(c) The State Governments shall create Special Cells in every District comprising of the

Superintendent of Police, the District Social Welfare Officer and District Adi-Dravidar Welfare

Officer to receive petitions/complaints of harassment of and threat to couples of inter-caste

marriage.

(d) These Special Cells shall create a 24 hour helpline to receive and register such complaints and to  provide necessary assistance/advice and protection to the couple.

(e) The criminal cases pertaining to honour killing or violence to the couple(s) shall be tried before  the designated Court/Fast Track Court earmarked for that purpose. The trial must proceed on day to  day basis to be concluded preferably within six months from the date of taking cognizance of the  offence. We may hasten to add that this direction shall apply even to pending cases. The concerned  District Judge shall assign those cases, as far as possible, to one jurisdictional court so as to ensure  expeditious disposal thereof.

54. The measures we have directed to be taken have to be carried out within six weeks hence by the  respondent- States. Reports of compliance be filed within the said period before the Registry of this Court....