THE RAJASTHAN PROHIBITION OF INTERFERENCE WITH THE FREEDOM OF MATRIMONIAL ALLIANCES IN THE NAME OF HONOUR AND TRADITION BILL, 2019

THE RAJASTHAN PROHIBITION OF INTERFERENCE WITH THE FREEDOM OF MATRIMONIAL ALLIANCES IN THE NAME OF HONOUR AND TRADITION BILL, 2019

STATEMENT OF OBJECTS AND REASONS

There has been a spurt in illegal intimidation by self-appointed bodies for bringing pressure against Sagotra marriages and inter-caste, inter-community and inter-religious marriages between two consenting adults in the name of vindicating the honour of family, caste or community. In a number of cases, such bodies have resorted to incitement of violence and such newly married couple or persons desirous of getting married have been subjected to intimidation and violence which has also resulted into their being hounded out of their homes and sometimes even murdered. Although such intimidation or acts of violence constitute offences under the Indian Penal Code, yet, it is necessary to prevent assemblies which take place to condemn such alliances as also to punish such acts of violence and criminal intimidation severely.

The Bill seeks to achieve the aforesaid objectives.

Hence the Bill.

THE RAJASTHAN PROHIBITION OF INTERFERENCE WITH THE FREEDOM OF MATRIMONIAL ALLIANCES IN THE NAME OF HONOUR AND TRADITION BILL, 2019

A

Bill

to provide for, in the interests of protecting individual liberty and preventing victimization, prohibition of unlawful assemblies and other conduct interfering with the freedom of matrimonial alliances in the name of honour and tradition and for the matters connected therewith or incidental thereto

Secton 2 (c) “marriage” includes proposed or intended marriage;.

Issue	Bill 2019
Marriage	Secton 2 (c) “marriage” includes proposed or intended marriage	Hindu law Marraige as per section 5
Unlawful Assembly	(d) “unlawful assembly” means an assembly, congregation or gathering of two or more persons;	IPC 141. Unlawful assembly.—An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is—.............
Unlawful Assembly- Punishment	3. Unlawful Assembly.- (1) No person or any group of persons shall gather, assemble or congregate at any time with the view or intention to deliberate on, or condemning any marriage, not prohibited by law, on the basis that such marriage has dishonoured the caste or community tradition or brought disrepute to all or any of the persons forming part of the assembly or the family or the people of the locality concerned. (2) Such gathering or assembly or congregation shall be treated unlawful and every person convening or organizing such assembly and every member thereof participating therein directly or indirectly shall be punishable with imprisonment for a term not less than six months but which may extend to five years and shall also be liable to fine which may extend to one lakh rupees.	143. Punishment.—Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
. Endangerment of liberty.-	4. Endangerment of liberty.- (1) The members of an unlawful assembly, who in furtherance thereof individually or collectively counsel, exhort or bring pressure openly or otherwise upon any person or persons to prevent or disapprove of the marriage, which is objected to by the said members, or to generate an environment of hostility towards such couple or either of them or their supporters, shall be deemed to have acted in endangerment of their liberty and such an act of endangerment shall be punishable with imprisonment for a term not less than two years but which may extend to five years and shall also be liable to fine which may extend to one lakh rupees.
	5. Criminal Intimidation.- Any member or members of an unlawful assembly or any other person acting at their instance or otherwise who, with a view to secure compliance with the illegal decision of that assembly in relation to the marriage that is being objected to, indulges in criminal intimidation of the couple or either of them or their relatives or supporters shall be punishable with imprisonment for a term not less than three years but which may extend to five years and shall also be liable to fine which may extend to two lakh rupees: Provided that if the threat be to cause harm or injury of the description referred to in second part of section 506 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860), the maximum imprisonment shall extend to seven years.	IPC 506. Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprison­ment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprison­ment of either description for a term which may extend to seven years, or with fine, or with both.
cognizable/non- bailable / non-compoundable.	cognizable, non- bailable and non-compoundable.