Constitution of India

— Arts. 21, 25, 19(1)(a), 32, 38, 51-A(e) and preamble — Rights to life, freedom of conscience and expression — Scope — Right to marry person of one's choice — Inter-caste marriages — Validity and desirability of — Issuance of writ of certiorari/mandamus to quash vexatious/malicious criminal proceedings (under Ss. 366 & 368 IPC) against family of petitioner's husband initiated by family of petitioner wife, latter family being vehemently opposed to her inter-caste marriage — CJM passing committal order against family of petitioner's husband in said proceedings, ignoring statement of petitioner recorded under S. 164 CrPC to the effect that she had married of her own free will, and final report of police in the matter which stated that neither was there any offence nor were the accused involved in any offence — Allegation that petitioner was not mentally fit, also dispelled by medical examination — Various instances of assault, humiliation, and irreparable harm to persons and property of family of petitioner's husband by brothers of petitioner, noted — Held, this case reveals a shocking state of affairs — Petitioner is a major and was at all times a major — Hence she is free to marry anyone she likes or live with anyone she likes — There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law — This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes — Hence no offence was committed by petitioner, her husband or her husband's relatives — Criminal proceedings in question, quashed — Conduct of police in proceeding against petitioner's husband's family, instead of against petitioner's brothers for their unlawful and high-handed acts, strongly deprecated — Criminal proceedings directed to be instituted against brothers of petitioner on basis of allegations contained in this petition — Role of caste in modern India, as a curse, and the beneficial role of inter-caste and/or inter-religious marriages, discussed — Further held, threats of violence or commission of violence or <169>honour<170> killings of persons who undergo inter-caste or inter-religious marriage of their own free will are wholly illegal and those who commit them must be severely punished — So-called <169>honour<170> killings are nothing but barbaric and shameful acts of murder committed by brutal, feudal-minded persons who deserve harsh punishment — Directions given to administration/police authorities throughout the country to see to it that such persons, who married of their free will and were majors, were not harassed by anyone nor subjected to threats or acts of violence, and that anyone who did so was proceeded against under law, (2006) 5 SCC 475-A

Constitution of India

— Art. 32 — Practice and procedure — Matter involving freedom of conscience and expression in terms of right to marry person of one's choice outside one's caste — Entertained and relief given, (2006) 5 SCC 475-B