-Report by Atharva Dixit

The judgement relates to a writ petition filed by Smt. Kowsalya runs the Sankar Social Justice Trust in memory of her husband who was killed in an incident of honor killing. The trust works for achieving a caste discrimination-free society. They planned a meeting to be held for the dissemination of information against honor killing and the promotion of inter-caste marriage but the permission for the same was rejected by The Deputy Superintendent of Police, Udulamaipet Sub Division, Tiruppur District. She filed a petition in front of the Madras High Court to issue a writ of Certiorarified Mandamus, to quash the order of DSP as illegal.

Facts :

The petitioner belongs to Most Backward Community and she married Sankar, who belonged to Scheduled Caste. On account of this inter-caste marriage, caste fanatics killed Sankar. On the second death anniversary of Sankar, the petitioner started this trust for promoting casteless society. She submitted a representation dated 15.02.2023 seeking permission to conduct a meeting in honour of the deceased Sankar and promote inter-caste marriage. However, that representation was rejected by the DSP citing the possibility of a law and order issue. The respondent’s counsel also admitted that the brother of Sankar and 500 villagers opposed this meeting.

Petitioner’s Contention :

Learned counsel for the petitioner submitted that the petitioner is the founder of Sankar Social Justice Trust. She belongs to Most Backward Community and she married Sankar, who belonged to Scheduled Caste. On Account of this inter-caste marriage, caste fanatics assaulted Sankar with deadly weapons on 13.03.2016 at the instigation of her parents and he was killed. On the second death anniversary of Sankar, the petitioner started this trust for creating awareness of inter-caste marriage and for promoting the same in society in order to achieve a casteless society. She submitted a representation dated 15.02.2023 seeking permission to conduct the 7th memorial meeting in honour of the deceased Sankar and promote inter-caste marriage. However, that representation was rejected by the respondent in the proceedings.

Respondent’s Contention :

Learned Government Advocate (Crl. side) opposed this petition on the ground that, if the proposed meeting is permitted, there is a possibility of a law and order issue coming up. There is a ban against meetings and other assemblies passed under Section 30(2) of TN City Police Act, 1888 from 01.03.2023 to 15.03.2023. He further submitted that the brother of the deceased and more than 550 villagers are opposing this meeting. Thus, stating the aforesaid grounds, he prayed in front of the court to dismiss the petition.

Judgement :

The Honorable Justice G. Chandrasekharan expressed concern over incidents of honour killing while holding that no authority can prohibit or prevent any meeting being held against such problems, he held that; “The offence of honour killing takes place every now and then. It is not as though there is no honour killing taking place in Tamil Nadu and it is totally eradicated. It is not in dispute that the petitioner is a victim to honour killing, that her husband was murdered for the reason that he belongs to Scheduled Caste and the petitioner belongs to Most Backward Caste. Now, the scope of starting Sankar Social Justice Trust and organizing a present meeting is to disseminate information against honour killing and also to promote inter-caste marriage. It is a laudable object and we cannot prevent/prohibit the meeting to be organized by Sankar Social Justice Trust on 12.03.2023 at 5 P.M. at the venue nearby Kumaralingam Bus Stop, for the above said reasons.” Accordingly, the Writ Petition was disposed of.

READ FULL JUDGEMENT: https://bit.ly/3lffLXB

In the matter, the applicant had applied for bail in Allahabad High Court which was denied by the court on 5th July. The case is relating to the Honor killing where victim Jyoti and Rahul got married o against their family members’ consent. Their families were against their marriage as they belong to a different caste.

It is been alleged that due to the caste difference they still got married which has hurt their family honor that’s the reason the Applicant who is the brother of Jyoti and her other family members had eliminated her and killed shot her husband Rohit.

During the argument, the Applicants Counsel stated that the role of assaulting was done by another family member of the applicants but not by the Applicant himself. The people who are accused to be involved are Jyoti’s father, Jyoti’s Uncle, and her brother.

Justice J.J.Munir of Allahabad High Court while hearing the plea of bail application states that “there is no place for those citizens in the society who go to the extent of eliminating a family member for choosing a life partner of his/her choice”. Court also stated that it is the case of brazen of honor killing where family members of Jyoti have prima facie sought to redeem through this crime. So the court has refused his bail.

-Report by RIDDHI DUBEY