LAWS(GJH)-2019-1-168

ALKESHVARIBEN Vs. STATE OF GUJARAT

Decided On January 17, 2019
Alkeshvariben Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Notice has been issued on 01.01.2019.

(2.) Certificate of registration of marriage dated 18.12.2018 is already on record. This being inter­caste marriage, Police Inspector, Talod police station has already made representation for due protection.

(3.) Let the officer concerned be reminded of the ratio laid down by the Apex Court in the case of Shakti Vahini vs. Union of India, (2018) 7 SCC 192, wherein the Apex Court has held and observed as under:­ "51. We may note with profit that honour killings are condemned as a serious human rights violation and are addressed by certain international instruments. The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence addresses this issue. Article 42 reads thus:­ "Article 42 - Unacceptable justifications for crimes, including crimes committed in the name of so­called "honour" 44 (1) Parties shall take the necessary legislative or other measures to ensure that, in criminal proceedings initiated following the commission of any of the acts of violence covered by the scope of this Convention, culture, custom, religion, tradition or so­called "honour" shall not be regarded as justification for such acts. This covers, in particular, claims that the victim has transgressed cultural, religious, social or traditional norms or customs of appropriate behaviour.