VidhiSangh

Supreme Court of India · 27/03/2018

SHAKTI VAHINI versus UNION OF INDIA AND OTHERS

[2018] 3 S.C.R. 770 · 2018 INSC 266

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Summary

The Supreme Court held that consenting adults’ choice of a life partner is protected by constitutional liberty and dignity; family, clan or community approval is unnecessary. Khap or similarly named assemblies cannot adjudicate marital choices or impose coercive punishments. In this public-interest petition, the Court prescribed preventive, remedial and punitive measures against honour crimes, including police intervention, protection of threatened couples, district special cells, helplines and expedited trials. States were directed to implement the measures and report compliance within six weeks.

Issues

  1. Whether community or family notions of honour could override consenting adults’ lawful marital choice.
  2. What protective and enforcement directions were required to prevent and remedy honour crimes.

Held

Result

Writ petition disposed of without costs with preventive, remedial and punitive directions; respondent States to implement and report compliance within six weeks.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 770.