Honour Cannot Override Choice: Allahabad High Court Grants Protection to Interfaith Couple Facing Honour Killing Threat
Allahabad High Court Orders Protection for Couple Fearing Honour Killing
By Rajesh Pandey
In a significant ruling safeguarding the personal liberty of consenting adults, the Allahabad High Court observed that no individual or family can convert the marriage of two consenting adults into an issue of so-called “honour.”
The Court emphasised that the right of an adult to marry a person of their choice is a fundamental aspect of personal liberty, and such a choice cannot be curtailed by societal or familial pressure.
A Division Bench comprising Justice J J Munir and Justice Tarun Saxena passed the order on March 25 while granting protection to a married couple who expressed apprehension of honour killing at the hands of the woman’s family members.
Court Stresses State’s Duty to Protect Life and Liberty
The Court held that it is the constitutional duty of the State to ensure the protection of the life, limb, and property of individuals, even when the threat emanates from members of their own family.
The Bench observed that personal autonomy and the freedom to choose one’s life partner are integral to the right to life and personal liberty guaranteed under the Constitution of India.
The petition was filed by Smt Prachi Agrawal and her husband, who informed the Court that they had solemnised the marriage of their own free will at an Arya Samaj temple and had obtained a valid marriage registration certificate under the Uttar Pradesh Marriage Registration Rules, 2017.
According to the petitioners, the woman’s family members strongly opposed the marriage and subsequently lodged what they described as a false criminal complaint against them under Section 87 of the Bharatiya Nyaya Sanhita, which relates to allegations of kidnapping, abduction, or inducing a woman to compel marriage.
The couple also filed a joint affidavit before the Court expressing serious apprehension that they could become victims of honour-based violence at the instance of the woman’s family.
Interim Protection from Arrest and Harassment
After hearing the submissions, the High Court observed that a prima facie case for protection was made out and reiterated that the personal choice of two consenting adults cannot be converted into a matter of family honour.
As an interim relief, the Court directed that the petitioners shall not be arrested in connection with the criminal case registered against them.
The Bench also issued notice to the private respondents, granting them two weeks to file their counter-affidavit.
Importantly, the Court restrained the woman’s family members and their associates from causing any harm to the couple, from entering their matrimonial residence, and from contacting them either directly or through electronic means.
Police Directed to Ensure the Safety of the Couple
The Court further directed the Senior Superintendent of Police, Aligarh, to ensure that adequate protection is provided to the couple and that no harm is caused to them by the opposing parties.
The matter has been listed for further hearing on April 8, 2026, when the Court will consider the response of the respondents and assess the need for continued protection.
Significance of the Ruling
The order reinforces the consistent judicial position that the freedom of adults to choose their partner is protected under constitutional principles of liberty and dignity.
The High Court once again made it clear that social notions of honour cannot override individual rights, and any threat to such freedom must be addressed by the State in accordance with law.
