The order has come in a plea moved by an NGO named Dhanak for Humanity. The plea highlights the direction of the Supreme Court in Shakti Vahini v. Union Of India.
Facts of the Case
The Petitioner here is an organization comprising interfaith and inter-caste couples. The plea seeks court direction to set up a Special cell for victims. The petition also highlights the judgment of Supreme Court in Shakti Vahini v. UOI, which states that:
- The State Governments shall create Special Cells in every District comprising the Superintendent of Police, the District Social Welfare Officer, and District Adi-Dravidar Welfare Officer to receive petitions/complaints of harassment of and a threat to couples of inter-caste marriage.
- These Special Cells shall create a 24-hour helpline to receive and register such complaints and to provide necessary assistance/advice and protection to the couple.
Argument’s Before Court
Mr Utkarsh Singh appeared for the NGO. He argues that despite the orders of the Apex Court in the Shakti Vahini case, a Special Cell is still not constituted, to serve the needs of the victims of honour killing.
After highlighting the case of a person, affected by the non-compliance of the said directions, Mr Singh contends that the ‘arbitrary’ and ‘unconstitutional’ action of the government has deprived many. And it continues to deprive persons of their Fundamental rights under Article 14 and 21 of the Constitution.
Adv Rahul Mehra, learned Standing Counsel (Criminal) for the State, submits that the Government of NCT of Delhi is taking appropriate action to follow the direction passed in the Shakti Vahini case. Adv Mehra further added that a status report in this regard will get disclosed on the next date of hearing.
The Division Bench of Justice JR Midha and Justice Brijesh Sethi had earlier directed the Delhi Government to ensure that a Special Cell is active. But it has still not constituted. Hence, the High Court of Delhi strictly directed the Principal Secretary (Home) of the Delhi Government to file a status report for the same.
The Court will next take up the matter on September 14.
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