Shakti Vahini v Union of India, (2018) 7 SCC 192. - Synopsis
Ahir Mitra 7 Jun 2021

Shakti Vahini v. Union of India.

(2018) 7 SCC 192

The respondents, the State Governments, and the Central Government were preferred in the instant Writ Petition to seek directions from the respondents, the State Governments, and the Central Government to take preventive measures to combat honour crimes, to send a National Action Plan and State Action Plan to curb crimes of this nature, and to guide the State Governments to form special cells in each case under Article 32 of the Indian Constitution.

The issue of a mandamus letter directing state governments to initiate procedures in each case of honour killing and to take effective measures to ensure that no honour killings occur. He contended that Section 5 of the Hindu Marriage Act of 1955 validated khaps' objections to marriages between people from the same gotra. “Sapinda should be distanced from the father's side by five degrees, and from the mother's side by three degrees,” the portion stated.

Loss of virginity outside of marriage, premarital pregnancy, infidelity, unapproved relationships are among the actions associated with honour killing, according to the petition. Rejecting the idea of a planned marriage, requesting a divorce, requesting child custody after a divorce, Leaving the family or marital home without permission, causing a communal scandal or gossip, and becoming a rape victim.

 Honor killings are deemed murder under Section 300 of the IPC and punished under Section 302 of the Indian Penal Code, according to a counter-affidavit filed on behalf of the Union of India, the Ministry of Home Affairs, and the Ministry of Women and Child Development. Regardless of the State Police's preventive measures, if the local police notify the judicial police officer that a Khap Panchayat has convened and passed a diktat to take action against a couple/family of an inter-caste or inter-religious marriage, the judicial police officer shall cause the to be registered immediately under the appropriate provisions such as section 141, 143,503 read with 506 of the Indian Penal Code.

The case of Shakti Vahini v. Union of India was a landmark case in which Justice Dipak Misra stated a proverb, “Liberty, taken in its practical sense, means the right to choose.” Feudal mentality must vanish into the shadows, opening the way for liberation. The right to enjoy freedom must be constantly and vigorously protected in order for it to grow in strength and grandeur. The Rajasthan government took strong measures and changes bypassing the Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill, 2019.


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