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State guest houses can serve as safe zones for at-risk couples: Bombay High Court


The Bombay High Court on Monday opined that state guest houses located in every district of Maharashtra can be designated as safe houses for couples facing security issues due to inter-caste or inter-faith marriages.

A bench of Justices Revati Mohite-Dere and Shivkumar Dige said a few of the rooms in state guest houses can be designated as safe houses.

“The number of people facing such issues is not so large. You just have to make sure that it is designated for the purpose. It has to be all over and it can’t be just in Mumbai or Pune. State guest houses always have a police presence, so you don’t have to deploy additional force as well,” the bench said.

The court’s observation came after the state government sought time to identify where the safe houses would be designated in different districts and said it was in the process of doing so.

In the meantime, advocates Mihir Desai and Lara Jesani, appearing for the petitioner, handed over some suggestions which also pointed out as to how Delhi and Chandigarh administrations had set up a Standard Operating Procedure (SOP) to deal with such issues wherein couples facing security issues can call up a helpline and seek assistance.

A set protocol has to be followed wherein couples are then put up in secured safe houses that are complete with personal items of use, food, regulated visitor access and counselling helplines are also provided along with legal aid.

The SOP also stated that if the survivor couple does not want to stay in the safe house, police protection should be immediately provided to them, depending on their threat perception at the place of their stay, to ensure their safety.

The bench directed the state government to go through the SOP given by Desai and Jesani and come up with a draft policy circular after considering the same by December 20.

However, the Additional Public Prosecutor sought some more time while citing that there was an impending Maharashtra Assembly session, which will be held in Nagpur next week.

However, the bench said, “First, Code of Conduct. Then Assembly (session). All this will not go on. We will not grant you any further time. Don’t tell us Assembly excuse. First there was an election and now Assembly (session). We don’t need their (Deputy Secretary (Home) and Deputy Secretary (Social Justice Department)) presence if they come up with a policy. You show us a draft. If there is any shortfall, we can tell you.”

The deputy secretaries were present in court following the bench’s earlier order asking them to remain present with all information.

It was about six years ago that the Supreme Court directed the states across the country to set up safe houses for couples facing security issues due to inter-caste or inter-faith marriages. Maharashtra is yet to identify such places and publicise the list.

Published By:

Prateek Chakraborty

Published On:

Dec 10, 2024

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