1 2025:CGHC:60578 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Judgment reserved on: 16.09.2025 Judgment delivered on: 12.12.2025 Uploaded on : 16.12.2025 WPC No. 4933 of 2025 • Smt. Aasmati Yadav W/o Shri Mahendra Yadav Aged About 60 Years R/o Village Samudri, P.O. Kothali, P.S. Shankargarh, District Balrampur- Ramanujganj (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 2. Secretary Law And Legislative Affairs Department Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 3. Inspector General Of Police Surguja Range, Ambikapur, District Surguja (C.G.) 4. Superintendent Of Police Balrampur-Ramanujganj, District Balrampur- Ramanujganj (C.G.) 5. Collector Balrampur-Ramanujganj District Balrampur-Ramanujganj (C.G.) 6. OfÏcer-Incharge/ S.H.O- Police Station- Shankargarh District Balrampur- Ramanujganj (C.G.) 7. Ashish Yadav S/o Shri Awdhesh Yadav R/o Village Samudri, P.O. Kothali, P.S. Sankargarh, District Balrampur-Ramanujganj (C.G.) 8. Amardeep Yadav S/o Shri Satyanarayan Yadav R/o Village Samudri, P.O. Kothali, P.S. Sankargarh, District Balrampur-Ramanujganj (C.G.) 9. Basant Yadav S/o Late Shri Omprakash Yadav R/o Village Samudri, P.O. Kothali, P.S. Sankargarh, District Balrampur-Ramanujganj (C.G.) 10.Rajesh Yadav S/o Late Shri Chandrakant Yadav R/o Village Samudri, 2 P.O. Kothali, P.S. Sankargarh, District Balrampur-Ramanujganj (C.G.) 11.Suryaprakash Yadav S/o Shri Shristi Yadav R/o Village Samudri, P.O. Kothali, P.S. Sankargarh, District Balrampur-Ramanujganj (C.G.) 12.Badri Yadav S/o Late Shri Rambalak Yadav R/o Village Samudri, P.O. Kothali, P.S. Sankargarh, District Balrampur-Ramanujganj (C.G.) 13. Pramod Yadav S/o Shri Ramdhani Yadav R/o Village Samudri, P.O. Kothali, P.S. Sankargarh, District Balrampur-Ramanujganj (C.G.) 14.Rahit (Rohit) Yadav S/o Late Shri Ramesh Yadav R/o Village Samudri, P.O. Kothali, P.S. Sankargarh, District Balrampur-Ramanujganj (C.G.) ---- Respondent For Petitioner : Mrs. Meena Shastri, Advocate For Respondent-State : Mr. Satish Gupta, G.A. Hon'ble S hri Arvind Kumar Verma, Judge C.A.V. Judgment 1. By way of instant Petition, the petition is seeking following relief(s);- 10.1 This Hon'ble Court may kindly be pleased to issue a writ of mandamus as well as other appropriate writ/order/direction commanding the respondents particularly the Respondent No.01 to 06 to provide sufÏcient and appropriate protection to the Petitioner because she along with her family members, are facing trauma of "Social Boycotts". 10.2 This Hon'ble Court may further be pleased to pass an appropriate direction/order to the respondent No.01 to 06 to take action on the complaint made by the Petitioner. 10.3 Any other relief(s), which may deems fit, looking to the facts & circumstances of the case may be given to the Petitioner. 2. Learned counsel for the petitioner submitted that the Petitioner is permanent residents of the village Samudri, P.O. Kothali, P.S. Shankargarh, District Balrampur-Ramanujganj (C.G.). On 31-05-2025, one Ashish Yadav (Respondent No.07), Amardeep Yadav (Respondent No.08), residents of village Samudri, P.O. Kothali, P.S. Shankargarh, 3 District Balrampur-Ramanujganj (C.G.) identified the Petitioner as "Tonahi/Dayan" (Witchcraft/Black magic Practicenor), defames and abused her. The above persons also threatened the Petitioner to assault her with her family members without showing any reason for such conduct. Further, the Respondent No.07 & 08 with Respondent No. 09 to 14 socially boycotted the Petitioner with her entire family members. The Respondent No.07 to 14 prepared a "Panchnama" contending offensive words. As per contents of this "Panchnama", no body of the village "Samudri" belonging from "Yadav Communities", would visit the house and to provide any kind of help to the Petitioner. It is also contended that the person who violates such instruction, would be slapped with fine of Rs. 10,000/-. They published these contents on social media also. They uploaded these contents on social media like "Facebook", "Whatsapp" etc. Hence, the Petitioner with her entire family members have been harassing, humiliating and facing these social tortures which violates her Fundamental Right guaranteed under Article 21 of the Constitution of India. Being aggrieved from such conduct of the Respondent No.07 to 14, the Petitioner tried to make complaint to the respectable member of "Yadav Communities" but they could not provide any kind of help. Thereafter, on 05-06-2025, the Petitioner through her husband made complaint to the concerned police station (Respondent No.06) but receipt of such complaint was not given. Therefore, on 12-05-2025, the Petitioner made complaint to the higher authority Inspector General of Police, Surguja Range, Ambikapur, District Surguja (C.G.) (Respondent No.03) which has been received but not any action has been taken. The Petitioner again made complaint to the concerned police station which 4 has given receipt dated 14-05-2025. It is very unfortunate that not any authority has taken any action on these complaints whereas a cognizable offence punishable under section 04 of "Chhattisgarh Tonahi Pratadna Nivaran Act, 2005" is made out, prima-facie. Section 351, 296, 192 of "Bharatiya Nyaya Sanhita, 2023" also made out from the contents of such complaint. Such offensive contents uploaded in social media therefore section 66-A, 67 of Information Technology Act, 2000 is also made out, prima-facie but the authorities are not taking action on such complaint which exposes their arbitrary act. Hence, Fundamental Right of the Petitioner guaranteed under Article 14, 21 of the Constitution of India has been violated. On the other hand, contents of section 173 of "Bhartiya Nagarik Suraksha Sanhita, 2023". In these manners, the Petitioner with her entire family members became victim of "Social Boycotts" making false allegation of "Tonahi" but responsible authorities are kept quiet for unknown reason 3. Learned counsel for the petitioner further submitted that petitioner has made several complaints against the same to the respondent authorities, but they have not taken any action against the private respondents, who are violating petitioner’s Fundamental Rights under “the Right to Live with Human Dignity”. It is further submitted that in similar case, Hon’ble Apex Court has issued various guidelines in the case of Shakti Vahini Vs. Union of India and Others reported in (2018) 7 SCC 192. Therefore, it is prayed that this petition may be disposed of directing respondent No.3 (Inspector General of Police, Surguja Range, Ambikapur District 5 Surguja, Chhattisgarh) and other concerned authorities to comply with the guidelines issued by the Hon’ble Apex Court. 4. Per contra, learned State counsel opposed the submission made by the learned counsel petitioner. 5. I have heard learned counsel for the parties and perused the records. 6. The contentions made by the petitioner and documents attached to the petition would show that the petitioner and his family have been boycotted by the members of their society, as they belong to a different caste and community. In the similar case of Shakti Vahini (supra), Hon’ble Apex Court has laid down various guidelines/directions to be complied by the authorities of State Government/Police. In aforesaid case, Hon’ble Apex Court has issued guidelines in para 55.1 and 55.2 as under:- 55.1 Preventive Steps:- 55.1.1. The State Governments should forthwith identify districts, sub-divisions and/or villages where instances of honour killing or assembly of khap panchayats have been reported in the recent past, e.g., in the last five years. 55.1.2. The Secretary, Home Department of the States concerned shall issue directives/advisories to the Superintendent of Police of the districts concerned for ensuring that the ofÏcer incharge of the police stations of the identified areas are extra cautious if any instance of inter-caste or inter- religious marriage within their jurisdiction comes 6 to their notice. 55.1.3. If information about any proposed gathering of a khap panchayat comes to the knowledge of any police ofÏcer or any ofÏcer of the District Administration, he shall forthwith inform his immediate superior ofÏcer and also simultaneously intimate the jurisdictional Deputy Superintendent of Police and Superintendent of Police. 55.1.4. On receiving such information, the Deputy Superintendent of Police (or such senior police ofÏcer as identified by the State Governments with respect to the area/district) shall immediately interact with the members of the khap panchayat and impress upon them that convening of such meeting/gathering is not permissible in law and to eschew from going ahead with such a meeting. Additionally, he should issue appropriate directions to the ofÏcer incharge of the jurisdictional police station to be vigilant and, if necessary, to deploy adequate police force for prevention of assembly of the proposed gathering. 55.1.5. Despite taking such measures, if the meeting is conducted, the Deputy Superintendent of Police shall personally remain present during the meeting and impress upon the assembly that no decision can be taken to cause any harm to the couple or the family members of the couple, failing which each one participating in the meeting besides the organisers would be personally liable for criminal prosecution. He shall also ensure that video recording of the discussion and participation of the members of the assembly 7 is done on the basis of which the law-enforcing machinery can resort to suitable action. 55.1.6. If the Deputy Superintendent of Police, after interaction with the members of the khap panchayat, has reason to believe that the gathering cannot be prevented and/or is likely to cause harm to the couple or members of their family, he shall forthwith submit a proposal to the District Magistrate/Sub- Divisional Magistrate of the District/Competent Authority of the area concerned for issuing orders to take preventive steps under Cr.P.C., including by invoking prohibitory orders under Section 144 Cr.P.C. and also by causing arrest of the participants in the assembly under Section 151 Cr.P.C. 55.1.7. The Home Department of the Government of India must take initiative and work in coordination with the State Governments for sensitising the law enforcement agencies and by involving all the stake holders to identify the measures for prevention of such violence and to implement the constitutional goal of social justice and the rule of law. 55.1.8. There should be an institutional machinery with the necessary coordination of all the stakeholders. The different State Governments and the Centre ought to work on sensitization of the law enforcement agencies to mandate social initiatives and awareness to curb such violence. 55.2. Remedial Measures:- 55.2.1. Despite the preventive measures taken by the State Police, if it comes to the notice of the 8 local police that the khap panchayat has taken place and it has passed any diktat to take action against a couple/family of an inter-caste or inter- religious marriage (or any other marriage which does not meet their acceptance), the jurisdictional police ofÏcial shall cause to immediately lodge an F.I.R. under the appropriate provisions of the Penal Code including Sections 141, 143, 503 read with Section 506 IPC. 55.2.2. Upon registration of F.I.R., intimation shall be simultaneously given to the Superintendent of Police/Deputy Superintendent of Police who, in turn, shall ensure that effective investigation of the crime is done and taken to its logical end with promptitude. 55.2.3. Additionally, immediate steps should be taken to provide security to the couple/family and, if necessary, to remove them to a safe house within the same district or elsewhere keeping in mind their safety and threat perception. The State Government may consider of establishing a safe house at each District Headquarter for that purpose. Such safe houses can cater to accommodate: (i) young bachelor-bachelorette couples whose relationship is being opposed by their families /local community/khaps, and (ii) young married couples (of an inter-caste or inter-religious or any other marriage being opposed by their families/local community/khaps). Such safe houses may be placed under the supervision of the jurisdictional District Magistrate and Superintendent of Police. 55.2.4. The District Magistrate/Superintendent of 9 Police must deal with the complaint regarding threat administered to such couple/family with utmost sensitivity. It should be first ascertained whether the bachelor-bachelorette are capable adults. Thereafter, if necessary, they may be provided logistical support for solemnising their marriage and/or for being duly registered under police protection, if they so desire. After the marriage, if the couple so desire, they can be provided accommodation on payment of nominal charges in the safe house initially for a period of one month to be extended on monthly basis but not exceeding one year in aggregate, depending on their threat assessment on case- to-case basis. 55.2.5. The initial inquiry regarding the complaint received from the couple (bachelor- bachelorette or a young married couple) or upon receiving information from an independent source that the relationship/marriage of such couple is opposed by their family members/local community/khaps shall be entrusted by the District Magistrate/Superintendent of Police to an ofÏcer of the rank of Additional Superintendent of Police. He shall conduct a preliminary inquiry and ascertain the authenticity, nature and gravity of threat perception. On being satisfied as to the authenticity of such threats, he shall immediately submit a report to the Superintendent of Police in not later than one week. 55.2.6. The District Superintendent of Police, upon receipt of such report, shall direct the Deputy Superintendent of Police incharge of the sub-division concerned to cause to register an 10 F.I.R. against the persons threatening the couple(s) and, if necessary, invoke Section 151 Cr.P.C. Additionally, the Deputy Superintendent of Police shall personally supervise the progress of investigation and ensure that the same is completed and taken to its logical end with promptitude. In the course of investigation, the persons concerned shall be booked without any exception including the members who have participated in the assembly. If the involvement of the members of khap panchayat comes to the fore, they shall also be charged for the offence of conspiracy or abetment, as the case may be. 7. Considering the issue involved in instant case, this petition is disposed of directing the respondents No. 3 to 6 to comply with the guidelines issued by the Hon’ble Apex Court in the case of Shakti Vahini (supra) with respect to the grievance of the petitioner. 8. With the aforesaid guidelines and directions issued by the Hon’ble Apex Court, this petition stands disposed of at motion stage itself. Sd/- (Arvind Kumar Verma) Judge Jyoti