If you are stuck in such a situation, here is what to do.

Mr. Sameer and Ms. Anjali, who reside in the city of Alokpur, have been in a committed relationship for several years and intend to marry. Mr. Sameer, despite coming from a modest background, has worked hard to build a successful career. He is an engineer at a leading multinational tech firm, “Innovate Solutions Inc.” Ms. Anjali works as a respected teacher at “Sunrise Academy,” a well-known private school. Their plans have hit a significant roadblock due to opposition from Ms. Anjali’s family. The core of their objection is the difference in their caste backgrounds; Mr. Sameer belongs to a Scheduled Caste community, while Ms. Anjali’s family is from an upper-caste community.

For over a year, Mr. Sameer has attempted to respectfully reason with her family, but his efforts have been met with hostility. Her parents have been making calls to him, demanding he end the relationship. The conversations have escalated to include abusive language, derogatory comments about his caste, and direct threats of severe consequences if he continues to see their daughter. Simultaneously, they are pressuring Ms. Anjali to agree to an arranged marriage with a groom of their choice. As she continues to refuse, her family has intensified their harassment of Mr. Sameer, accusing him of disrupting their family’s peace. Worried about his safety and the possibility of false allegations being leveled against him, Mr. Sameer is seeking to understand his legal options to protect himself.

Advice in such cases

• Gather Evidence: Keep a detailed record of every threatening call, message, or interaction. Note the date, time, and what was said. If possible and legal in your jurisdiction, record the threatening phone calls. Save all text messages, emails, or social media communications.
• Inform Your Support System: Do not keep this to yourself. Inform your family and trusted friends about the situation. Their testimony can be valuable later on.
• Avoid Retaliation: Do not respond to threats with threats or to abuse with abuse. Maintain a calm and respectful demeanor in all communications. This will strengthen your legal position and show that you are the victim, not an aggressor.
• **Consult with Lawyer:** The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Several provisions under Indian law can be invoked in such a situation. The primary laws would be the Bharatiya Nyaya Sanhita (BNS) and The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

• Section 350 of the Bharatiya Nyaya Sanhita (BNS): This section deals with criminal intimidation. If someone threatens you with injury to your person, reputation, or property, it constitutes a criminal offense. The threats from the family would fall under this section.
• Section 352 of the Bharatiya Nyaya Sanhita (BNS): This section pertains to intentional insult with intent to provoke a breach of the peace. The use of abusive and insulting language to intentionally humiliate you is punishable under this law.
• The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: This is a special law enacted to protect members of SC/ST communities from discrimination and atrocities.
  • Section 3(1)(r): Intentionally insulting or intimidating with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view.
  • Section 3(1)(s): Abusing any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view.

Complaints under the SC/ST Act are taken very seriously, and the investigation is typically handled by a senior police officer.

If you are the complainant

• Draft a Formal Complaint: With the help of your lawyer, draft a detailed written complaint. Clearly state all the facts, including the history of your relationship, the nature of the threats, the specific casteist slurs used, and the names of the individuals involved.
• File the Complaint: Submit the complaint to the Superintendent of Police (SP) or the Deputy Superintendent of Police (DSP) in your district. Given the caste angle, filing a complaint under the SC/ST Act is appropriate, which mandates investigation by an officer of at least DSP rank. You can also file it at your local police station, which will then forward it to the appropriate authority.
• Preserve Acknowledgment: Always take an acknowledgment or a receiving copy of your complaint from the police station. This is crucial proof that you have officially lodged the complaint.
• **Consult with Lawyer:** The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• Prioritize Safety: Your immediate priority is your physical and mental safety. If threats escalate, consider temporarily changing your routine or location. Inform local police about the potential danger.
• Document Everything: Create a chronological log of all incidents. This includes verbal abuse, threats, and any attempts by the family to intimidate you or your girlfriend. This documentation will be your primary evidence.
• Witnesses are Key: Identify any person who has witnessed these threats or has heard the abusive phone calls. This could be your girlfriend, friends, or family members. Their statements will corroborate your claims.
• **Consult with Lawyer:** The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Police response can vary. In cases involving provisions of the SC/ST (Prevention of Atrocities) Act, the police are mandated to act swiftly and register an FIR. The law has strict provisions, including no provision for anticipatory bail for the accused. However, in some instances, police might initially be hesitant and may try to “counsel” both parties for a “compromise,” especially if they perceive it as a family or relationship dispute. It is important to be firm and insist on your right to file a formal complaint, especially when threats and caste-based discrimination are involved. Having a lawyer accompany you can ensure the police take the matter with the seriousness it deserves.

FAQs people normally have

What evidence is required?

To build a strong case, you will need concrete evidence. This can include:

• Digital Evidence: Call recordings of threatening conversations, screenshots of abusive text messages, WhatsApp chats, emails, or social media posts.
• Witness Testimony: Statements from your girlfriend, friends, family members, or any other person who has witnessed the harassment or threats.
• Your Own Testimony: A detailed and consistent account of the events.
• Circumstantial Evidence: A log of calls, records of the family’s opposition over time, and any other facts that establish a pattern of harassment and intimidation.

How long will the investigation take?

The timeline for an investigation can vary. Under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, there is a mandate to complete the investigation and file the chargesheet in court within sixty days. The Bharatiya Nagarik Suraksha Sanhita (BNSS) also prescribes timelines for investigation. However, practical delays can occur due to the complexity of the case, the collection of evidence, and the workload of the investigating agency. A good lawyer can help in following up with the police to ensure the investigation proceeds without undue delay.

Advocate Sudhir Rao, Supreme Court of India