How To Get Police Protection After Court Marriage?

Court marriage within India, under a secular framework such as the Special Marriage Act, 1954, allows individuals to marry outside of their religion, caste, or community. This is a remarkable legal recognition of women's intention to marry and the freedom to choose one's partner, regardless of their religion. However, couples seeking to marry within intrafaith or inter-caste traditions may experience hostility or opposition from family and community. At times, this hostility could escalate to threats in which potential violence could arise, or an attempt to stop the marriage.

If either of these situations arises, it is prudent for the couple to obtain police protection, which can protect them and prevent any violation of their fundamental rights. Police intervention may provide a level of assurance for the couple to move forward with their marriage, without any fear or interference.

In this blog, you will get to know about

• The need for police protection after a court marriage.
• The process to get police protection after a court marriage.
• Relevant FAQs.

Police Protection After Court Marriage

In India, couples who enter into a court marriage, especially if facing opposition from family or community, can seek police protection by approaching the local police station with their marriage certificate and a formal application outlining the perceived threat, prompting the police to assess the situation and provide necessary security measures.

Definition Of Police Protection In The Context Of Court Marriages

Police safety, in the case of couples who have solemnized a court marriage, is when the police take active measures to ensure the safety and security of the couple by working to keep them safe from threats, harassment, or violence arising from their marriage. There are many forms of police safety, from general patrols around the outside of their house to a police personal safety escort if danger is imminent, and many forms of police intervention in between. Police safety protects the couple in circumstances where harm could occur, preventing harm from happening, recognizing that through police safety, they can live their life free of fear.

Circumstances Where Police Protection Is Required?

In such occurrences, police protection after a court marriage may become necessary when the couple has:

• Threats of Violence: Direct or indirect fronts of physical harm to either or both of the couple or their family supportive of the marriage.
• Harassment and Intimidation: Continued harassment, stalking, or such intimidatory tactics practiced by opposing family members or community groups.
• Forced Separation Attempts: Interference in attempts to forcefully separate the couple or detain one partner.
• Social Boycott and Isolation: Quite hostile behavior, putting extreme social pressure, ostracization, or boycott around them.
• Honour-Based Violence: In the most severe cases, the threat of "honour killings" or other forms of violence perpetrated to uphold perceived family or community honour.
• Kidnapping or Illegal Confinement: Real and credible fears of abduction or illegal confinement of either partner.

Difference Between Regular Police Assistance And Protection Under Legal Terms

Legal Frameworks Governing Court Marriages (Protections For Couples Post-Court Marriage)

Several legal provisions in India offer protection to couples who have undergone a court marriage, particularly when they face opposition or threats:

Special Marriage Act, 1954

The Special Marriage Act, 1954 offers a secular legal framework for the solemnization of marriages between individuals with differing religious beliefs or those who want to marry without any reference to their personal laws. Section 13 of this Act allows either party to a marriage solemnized under the Act to petition the District Court for a decree of nullity if the marriage violates certain conditions, such as those establishing valid consent and age-appropriateness. Although not directly concerned with protection from third-party threats, the Act provides the legal validity of the marriage, the basis for protecting the parties.

The value of marriages solemnized under this Act has been implicitly supported in Section 21, which pertains to the consequences of failure to comply with certain procedures of the Act, thus increasing the strength of the married couple's legal position.

Legal Provisions For Seeking Protection

• Section 498A of the Indian Penal Code, 1860 [Sec 85, Bharatiya Nyaya Sanhita, 2023]: This section addresses cruelty from a husband or husband's relatives against a woman. Although it is typically only applied to marital issues during marriage, it can be applied to harassment/threats after a court marriage that constitute cruelty under this section.
• Protection of Women from Domestic Violence Act, 2005: The Act seeks to protect women from different forms of domestic violence. These can be emotional, verbal, or economic, and may be perpetrated by family members opposing the marriage. The term "domestic relationship" is widely defined, and it includes relationships that may involve shared residence.
• Section 107 and 151 of the Criminal Procedure Code, 1973 [Sec 126 and 170, Bharatiya Nagarik Suraksha Sanhita, 2023]: These provisions enable the police to carry out such preventive action when it is likely to cause a breach of peace or commission of cognizable offenses. If a couple is likely to face credible threats, they could approach the police under these sections and seek preventive protection from possible perpetrators.
• Writ Petitions under Article 226 of the Constitution of India: The couples who face real threats to life and liberty may file a writ petition in the High Court under Article 226 of the Constitution, seeking directions to the police for necessitating protection. The High Courts have intervened in such cases, most often, to protect the fundamental rights of individuals regarding life and liberty (Article 21).

State-Specific Protection Laws

While there isn't a specific law solely for protection after a court marriage, the existing provisions can be effectively utilized. Also, the state government and the police department generally raise issues and circulate guidelines and circulars for specific social issues, including protection to inter-caste and inter-religious couples. Hence, a couple would be able to avail these general and specific provisions with the help of the police.

Situations In Which Police Protection Is Necessary After A Court Marriage

Police protection becomes an absolute necessity in situations where the opposition to the court marriage goes beyond being an oppositional opinion of the marriage, and instead progresses to direct threats or actions that could endanger the safety and well-being of the couple.

• Honour Killing Threats: In contexts where archaic social norms exist, couples that transgress caste or religious boundaries may run the horrible risk of "honour killings" perpetrated by their families or community members.
• Forcible Confinement: In situations where one or both partners are kept in confinement by their families for the purposes of stopping the couple from marrying or to force them to separate.
• Co-ordinated Harassment Campaigns: These can be campaigns of harassment, intimidation, and ostracism organized by families or family-related community organizing, targeting the couple in the case.
• History of Violence: The risk of harm for couples is greater when either family has a documented history of violence or hostility.
• No Family Support: In cases where the couple is completely isolated from any family support, their vulnerability awareness will increase.
• Imminent Threat Perception: In cases where the couple has a subjective and reasonable fear for their lives or physical safety based on actual threats or actions taken against them.

How To Get Police Protection After Court Marriage?

To obtain police protection after a court marriage in India, especially when facing threats or opposition, you need to file a formal application with the local police station outlining the specific threats and providing a copy of your marriage certificate and any supporting evidence.

Step-by-Step Process To Seek Police Protection

• Gather Evidence: Try to collect any possible evidence of the harassment, threats, and/or consistent risk of being subjected to these. The evidence can be of threatened harm is by audio recording of phone calls, text messages, emails, posts on social media, witness statements, and/or medical records if physical harm has been done to you.
• File a Formal Complaint at the Local Police Station: Go to the police station in the jurisdiction where the threats are occurring, or where the couple resides, personally. Make a written complaint that states a factual account of the court marriage, any opposition to it, and describes the threats and/or harassment with as much detail as possible in writing. Include any evidence you accumulated. After your complaint is lodged, get a copy of what was filed, whether it’s a Daily Diary or FIR, depending on how severe the threats are.
• Meet The Station House Officer (SHO): Ask to meet with the SHO, and explain the urgency and seriousness of your request. Emphasize the immediate need for protection.
  Request A Threat Assessment: Ask the police to take you seriously, and do a complete threat assessment based on your complaint and evidence. It will help to determine the level of risk based on their evaluation and what protection you need.
• Seek a Threat Assessment: Ask the police to provide a threat assessment based on your complaint and the evidence. This will identify the level of risk and necessary protective action.
• Request Preventive Action: Based upon the threat assessment, request the police to take preventive action against the people issuing threats: for example, warnings, starting proceedings under Sections 107 or 151 of the CrPC [Sec 126 and 170, BNSS] or arresting potential offenders if there is a threat of a cognizable offence.
• File a Petition in the High Court (Article 226): If you find that the police response locally is inadequate, and there is an immediate threat to life and liberty, the couple may proceed by filing a writ petition in the High Court under Article 226 of the Constitution to get directions to the police for providing such protection. This is a more formal approach and, more often, if done consistently with directions, a more effective way to obtain police protection. You will be required to do this through a lawyer.
• Notify the Marriage Registrar: Notify the Marriage Registrar where the court marriage was solemnised about the threats you are facing. They may provide assistance or support.
• Follow Up Regularly: Keep in regular contact with the police and follow up on your complaint and the protective action being taken. Advise them of any new information or evidence that arises.

Role of the Court In Granting Police Protection

It is essential for a High Court to play a considerable role in which police protection is being offered to couples after a court marriage, especially where there is a significant threat to their fundamental rights. The High Court, after hearing a writ petition filed under Article 226, can:

• Direct the Police to Undertake Threat Assessment: If the court is satisfied that the couple's fear of harm is reasonable, it can order the police to conduct a proper threat assessment of the threats.
• Order the Police to Provide Protection: Depending on the evidence and threat assessment, the court can issue orders directing the police to provide the couple protection. The level of protection could include personal security escorts, police patrols at their residence, taking action against those who threaten them, etc.
• Monitor the Police Conduct: The High Court has the ability to monitor the police's conduct as to whether the police comply with the orders of the High Court and the level of protection afforded.
• Direct the Police to Register FIR: If the threats or harassment amount to a cognizable offence, the Court can order the police to register a First Information Report (FIR), and commence a criminal investigation.

Challenges Faced By Couples Seeking Protection

• Police inaction or reluctance to act can certainly be a major obstacle, especially if the other party is powerful or influential.
• Bureaucratic red tape creates barriers to filing complaints and then getting timely protection, which is challenging.
• Many couples are simply unaware of their legal rights or the process to get police assistance. Even couples who have gone to the authorities may be afraid of repercussions or retaliation.
• Providing continuous police protection is often difficult to manage logistically. Reasons like social stigma and family commitments do not just go away because there is legal support.
• Financial consideration, including the costs involved in legal action, such as filing a writ petition in the High Court, is still a significant barrier to adequate legal services.

Also Read : Register Marriage Procedure For Lovers In Kerala​

Case Laws

A few case laws are:

Lata Singh vs. State of UP

In the case of Lata Singh vs. State of UP, the Supreme Court expressed its condemnation of honour killing and that inter-caste marriages are not banned, while ordering all administrative and police authorities across the country to provide the necessary protection to any couple entering into inter-caste or inter-religious marriage who face the threat of violence.

Bhagwan Dass vs. State (NCT of Delhi)

Though this case stemmed from a tragic occurrence of honour killing, the Supreme Court reaffirmed its strong disapproval of such acts and highlighted the obligation to protect couples in precarious circumstances.

Conclusion

Acquiring police protection following a court marriage is an important step for couples (and their family members) who face threats and harassment because they decide to marry. Couples need to know the potentially different legal contexts, how to file complaints properly, and when to approach the High Court for directions. There may be obstacles to protect a couple, but the legal system and judges are becoming more accepting of their lawfully married status. The legal system can and sometimes actively does protect an individual's right to choose their life partner, and to have peace and dignity while doing it.

FAQs

A few FAQs are:

Q1. Is police protection automatically provided after a court marriage in India?

No, police protection is not automatically provided. Couples are required to formally request it by filing a complaint at the local police station or approaching higher police authorities or the High Court, outlining the specific threats they face.

Q2. What documents are required to seek police protection after a court marriage?

The key documents include the court marriage certificate, a detailed written complaint outlining the threats and harassment, identification proof of the couple, and any evidence supporting their claims (e.g., threatening messages).

Q3. How long does it take to get police protection after applying?

The timeline can vary depending on the urgency of the threat and the responsiveness of the police authorities and the courts. In cases of imminent danger, the High Court can issue immediate directions. However, the general process might take some time.

Q4. Can family members who oppose the marriage be booked by the police?

Yes, if the family members issue credible threats, engage in harassment, or attempt to harm the couple, they can be booked under relevant sections of the Indian Penal Code, such as those dealing with criminal intimidation, harassment, wrongful confinement, or attempt to murder.

Q5. Is there any cost involved in obtaining police protection?

Generally, there is no direct cost for the police protection itself. However, the couple might incur expenses related to legal proceedings if they approach the High Court for directions.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. For personalized legal guidance, please consult with a qualified Family lawyer.