Allahabad High Court grants police protection to a married couple fearing honour killing. Court warns Bulandshahr SSP of personal accountability if couple is harmed.
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UTTAR PRADESH: The Allahabad High Court has protected a young married couple from threats of honour killing by the woman’s family. The court made it clear that Article 21 of the Indian Constitution, which gives every adult the right to live freely, is more important than old social customs.
It also gave a warning that if anything happens to the couple, the Senior Superintendent of Police (SSP), Bulandshahr, will be held personally responsible.
The case is titled Priya Solanki and Another vs. State of U.P. and 3 Others. A 23-year-old woman and her husband went to the court asking for safety and protection. They told the judges that they were being threatened by the woman’s father and other family members. An FIR (First Information Report) was even filed against them by her father.
The division bench of Justice JJ Munir and Justice Anil Kumar heard their plea. They noted that both the woman and the man were adults and had gotten married out of their own will at an Arya Samaj temple in Prayagraj.
The court clearly said:
“The social norms may dictate otherwise, but the Constitution grants them the freedom by virtue of Article 21 and the entire gamut of liberty guaranteed to an adult.”
The judges also spoke about the seriousness of the threats. They said:
“Given the prevalent social milieu, some kind of serious violence, even an honour killing, cannot be ruled out under such circumstances, where the informant has gone to the extent of lodging an FIR against an adult woman.”
The Additional Government Advocate (AGA), Deepak Mishra, who represented the State, argued that their Arya Samaj marriage might not be valid. He referred to a past case — Shruti Agnihotri vs. Anand Kumar Srivastava, 2024 SCC OnLine 3701. But the court did not agree with this and stood by the couple’s right to choose each other.
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The court said again that both were adults and had the full right to decide whom to marry. It was shocked that the police had filed an FIR and were investigating the matter, even though both individuals were legally adults.
Considering the danger to the couple, the court gave official notice to the people involved in the case and gave them three weeks to reply through a counter-affidavit. Till then, the court gave protection to the couple.
The court also gave a strong temporary order saying:
“Until further orders of this Court, petitioners shall not be arrested in Case Crime No. 0445 of 2025 under Section 87 of the B.N.S., P.S. Khurja Nagar, District Bulandshahr.”
Along with this, the judges made it clear that the woman’s father and family must not harass or contact the couple in any way — not in person, not on phone, and not even on social media. They also warned that if the couple is harmed, the SSP of Bulandshahr will have to answer personally.
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The case will be heard again on 07 July 2025.
CASE TITLE:
Priya Solanki And Another vs. State Of U.P. And 3 Others
Article 21 of the Indian Constitution guarantees the fundamental right to the protection of life and personal liberty, meaning no person can be deprived of their life or personal liberty except according to a procedure established by law. This right is considered one of the most important fundamental rights in India.
Protection of Life and Liberty:
The primary focus is on ensuring that no person’s life or personal liberty can be taken away without following legal procedures.
Extensive Interpretations:
The Supreme Court of India has expanded the meaning of “right to life” beyond mere survival to include various aspects of a dignified life, such as the right to livelihood, health, a pollution-free environment, and more.
Importance:
Article 21 is crucial because it protects individuals from arbitrary state action and ensures that fundamental rights are upheld.
Judicial Role:
The Indian judiciary has played a key role in interpreting and expanding the scope of Article 21, shaping its application in various contexts.
Examples of Rights under Article 21:
The right to marry the person of one’s choice, the right to travel abroad, and the right to a fair trial are some examples of rights that fall under the protection of Article 21.
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