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Updated 2026-09-08

Inter Caste Marriage Legal Support Delhi

It is legal - HMA s.5 does not list caste. What your family can and cannot do, the Delhi HC protection petition that works, BNS s.103(2), and why the Rs 2.5 lakh scheme is closed.

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In short

Inter Caste Marriage Legal Support Delhi: the quick answer

Inter-caste marriage is legal, and the provision that makes it legal is simpler than most pages suggest: Section 5 of the Hindu Marriage Act lists five conditions for a valid Hindu marriage and caste is not one of them, while Section 4 of the Special Marriage Act says a marriage may be solemnised 'between any two persons'. The Supreme Court put it plainly in Lata Singh (2006) - if parents disapprove, 'the maximum they can do is that they can cut-off social relations', and they cannot threaten, harass or commit violence. If threats do begin, Delhi has a route that works and it is not the helpline: a protection petition under Article 226 read with Section 528 BNSS, which the Delhi High Court has been disposing of in a single hearing with a designated beat officer and direct contact numbers. And the money question: the central Rs 2.5 lakh scheme has not accepted applications since 1 April 2023, whatever thirteen of the fifteen ranking pages still tell you.

Key Facts

Inter Caste Marriage Legal Support Delhi: key facts at a glance

Quick reference for inter caste marriage legal support delhi.
Is it legal?Yes. Hindu Marriage Act s.5 does not list caste as a condition, and s.4 abolished any prior custom that did. Special Marriage Act s.4: a marriage may be solemnised 'between any two persons'
Supreme Court authorityLata Singh v. State of U.P., (2006) 5 SCC 475: 'There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law'
What family can lawfully doLata Singh: 'the maximum they can do is that they can cut-off social relations with the son or the daughter' - they cannot threaten, harass or commit violence
Is parental consent needed?No. Shakti Vahini v. Union of India, (2018) 7 SCC 192: 'the consent of the family or the community or the clan is not necessary once the two adult individuals agree to enter into a wedlock'
Protection route that works in DelhiW.P.(Crl.) under Article 226 read with Section 528 BNSS before the Delhi High Court - often heard and disposed of in one hearing
What the Court actually ordersPrince Tyagi (Del HC, 5 Aug 2025): a designated beat officer, his mobile number, the station's 24x7 number, and a DD entry on any complaint of threat
Protection first, proof laterDevu G Nair v. State of Kerala, 2024 INSC 228: interim protection for inter-caste and interfaith couples before determining any threshold of risk
Honour killing in 2026 lawBNS s.103(2) - a group of five or more who murder on the ground of caste face death or life imprisonment, each member. This offence did not exist in the IPC
The Rs 2.5 lakh central schemeClosed. The Dr Ambedkar Foundation circular of 13 January 2023 states no applications will be entertained with effect from 1 April 2023
What Delhi still hasThe Delhi Government's own inter-caste marriage incentive of Rs 50,000, applied for at the area SDM's office within two years of the marriage

Yes it is legal - and here is the exact provision

Almost every page on this subject asserts that inter-caste marriage is legal and then moves on. That is not much use to somebody whose family is telling them otherwise. What helps is knowing precisely which words in which statute make it so, because those words can be quoted back.

Under the Hindu Marriage Act, 1955, Section 5 sets out the conditions for a valid Hindu marriage: neither party has a spouse living; both are capable of valid consent; the bridegroom has completed twenty-one and the bride eighteen; the parties are not within the degrees of prohibited relationship; and they are not sapindas of each other. Five conditions. Caste is not among them. The section opens with the words 'a marriage may be solemnized between any two Hindus' - and stops there.

That is not an accident or an omission. Section 4 of the same Act, headed 'Overriding effect of Act', provides that 'any text, rule or interpretation of Hindu Law or any custom or usage as part of that law' in force before the Act 'shall cease to have effect with respect to any matter for which provision is made in this Act'. Section 5 makes provision for the conditions of marriage. So any traditional rule requiring same-caste marriage ceased to have legal effect on 18 May 1955. It is not merely unenforceable. It no longer exists in law.

Under the Special Marriage Act, 1954, the answer is even shorter. Section 4 begins: 'Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act...' Between any two persons. Not two Hindus, not two people of the same caste, not two people of the same religion. Any two persons.

The Supreme Court said the same thing in one sentence in Lata Singh v. State of U.P., (2006) 5 SCC 475, decided on 7 July 2006: 'There is no dispute that the Petitioner is a major and was at all relevant times a major. Hence she is free to marry anyone she likes or live with anyone she likes. There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law.'

If somebody in your family tells you the marriage will not be valid, that sentence is the answer. It is from the Supreme Court of India and it has stood for twenty years.

What your family can and cannot lawfully do

This is, in our experience, the single most useful passage in Indian law for the person reading this page, and only a couple of the ranking pages quote it.

In the same judgment, Justice Markandey Katju wrote: 'This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter religious marriage the maximum they can do is that they can cut-off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage.'

Read the whole of it, because it does two things at once. It tells you what your parents are entitled to do - and they are entitled to be angry, to refuse to attend, to cut you off entirely. That is a real and painful right and the law does not take it away from them. And it tells you where their entitlement ends: at threats, at violence, at instigating others, at harassment.

The Court did not leave it as an observation. It went on to direct: 'the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons.'

And on honour killing, in terms that have been quoted ever since: 'There is nothing honourable in such killings, and in fact they are nothing but barbaric and shameful acts of murder committed by brutal, feudal-minded persons who deserve harsh punishment.'

Twelve years later a three-judge Bench in Shakti Vahini v. Union of India, (2018) 7 SCC 192, decided 27 March 2018, put the consent point beyond argument: 'the consent of the family or the community or the clan is not necessary once the two adult individuals agree to enter into a wedlock. Their consent has to be piously given primacy... Therefore, the Khap Panchayat or any Panchayat of any nomenclature cannot create a dent in exercise of the said right.'

And in Shafin Jahan v. Asokan K.M., (2018) 16 SCC 368, Justice D.Y. Chandrachud reduced it to a line that is worth memorising: 'The right to marry a person of one's choice is integral to Article 21 of the Constitution.' In the same judgment: 'Our choices are respected because they are ours. Social approval for intimate personal decisions is not the basis for recognising them. Indeed, the Constitution protects personal liberty from disapproving audiences.'

Which Act should you marry under?

For an inter-caste couple there are usually two live options, and the choice between them is the most consequential decision in this whole process - not because one is more valid than the other, but because they expose you to entirely different levels of publicity.

If both of you are Hindu, Buddhist, Jain or Sikh, the Hindu Marriage Act, 1955 is available regardless of caste. Under Section 7 the marriage is created by the ceremony itself - the invocation before the sacred fire and the saptapadi, the seven steps - and it is complete and binding when the seventh step is taken. There is no notice, no waiting period and no public display. Registration under Section 8 follows afterwards and is evidentiary.

If you are of different religions, or if either of you prefers a purely civil marriage, the Special Marriage Act, 1954 is the route. It is entirely secular and requires no conversion by anybody. But it carries a thirty-day notice which is displayed publicly, and that is where the difficulty lies for a couple facing opposition.

There is a third option people ask about - conversion, so that both parties fall under the Hindu Marriage Act. We do not recommend it as a scheduling or privacy device. Conversion is a serious decision about a person's identity, it carries its own legal and personal consequences, and it should never be undertaken because a notice period is inconvenient.

For most inter-caste couples where both are Hindu, the honest answer is that the Hindu Marriage Act route is faster and more private, and that is a legitimate reason to choose it. For interfaith couples the Special Marriage Act is the Act Parliament wrote for you, and the notice comes with it.

The two routes an inter-caste couple in Delhi actually chooses between.
Hindu Marriage Act, 1955Special Marriage Act, 1954
Who can use itBoth parties Hindu, Buddhist, Jain or Sikh - caste irrelevantAny two persons - s.4. No religion bar, no conversion
Is caste a barNo. s.5 does not list it; s.4 abolished contrary customNo. 'Between any two persons'
Public noticeNone30 days, affixed in the Marriage Officer's office - s.6(2)
Notice to your home districtNoneYes, if either party's permanent residence is elsewhere - s.6(3)
Objection windowNone30 days, on Section 4 grounds only - s.7
When you are marriedOn completion of the ceremony - s.7On solemnisation before the Marriage Officer - s.12
Minimum agesGroom 21, bride 18 - s.5(iii)Male 21, female 18 - s.4(c)
Witnesses at registration or solemnisationTwoThree - ss.11, 12(2), 13
Best forBoth-Hindu couples who need privacy and speedInterfaith couples, and anyone wanting a purely civil marriage

A correction: Section 29(1) is not the provision people think it is

Several pages on this subject cite Section 29(1) of the Hindu Marriage Act as the provision that makes inter-caste marriage valid. It is worth explaining why that is wrong, both because you may be relying on it and because it tells you something about the quality of the material circulating on this topic.

Section 29(1) reads: 'A marriage solemnized between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or even to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religions, castes or sub-divisions of the same caste.'

Before the commencement of this Act. Section 29 is headed 'Savings'. It is a transitional provision that protected marriages already solemnised when the Act came into force on 18 May 1955. It has no application whatever to a couple marrying in Delhi in 2026.

The correct chain is simpler and stronger. Section 4 abolished the old custom. Section 5 sets the conditions and does not include caste. There is nothing to save, because there is nothing prohibiting you in the first place.

Why does this matter beyond pedantry? Because if you are ever in a position where the validity of your marriage is challenged - by a family member, in a maintenance case, in a succession dispute - the provision you or your lawyer cite needs to be the right one. Citing a transitional saving from 1955 in support of a 2026 marriage is an argument that collapses on contact.

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The Arya Samaj route, and what the 1937 Act really does

A very large proportion of inter-caste marriages in Delhi are performed at Arya Samaj mandirs, and there is a statute behind that which is worth understanding accurately.

The Arya Marriage Validation Act, 1937 - Act XIX of 1937 - was passed, in the words of its long title, 'to recognise and remove doubts as to the validity of inter-marriages current among Arya Samajists'. Its Section 2 provides: 'Notwithstanding any law, usage or custom to the contrary no marriage contracted whether before or after the commencement of this Act between two persons being at the time of the marriage Arya Samajists shall be invalid or shall be deemed ever to have been invalid by reason only of the fact that the parties at any time belonged to different castes or different sub-castes of Hindus or that either or both of the parties at any time belonged to a religion other than Hinduism.'

So the 1937 Act does one specific thing: it removes caste and prior religion as grounds of invalidity for a marriage between two people who are Arya Samajists at the time of the marriage. It is a curative provision. It does not create a separate marriage law, it does not authorise anybody to issue certificates with statutory force, and it does not dispense with registration.

That last point is the one that costs people the most. An Arya Samaj ceremony creates a valid marriage under Section 7 of the Hindu Marriage Act. The mandir's certificate records that the ceremony took place. But every downstream process a couple actually needs - a passport endorsement, a visa, a bank account, a protection petition, an incentive application - runs on the government certificate issued on registration under Section 8, not on the mandir's document.

So if you take this route, treat the ceremony and the registration as one job with two halves, and do not walk away after the first half. We have a separate page on Arya Samaj marriage documents that sets out both lists in full.

The thirty-day notice problem, honestly stated

For a couple facing family opposition, the thirty-day notice under the Special Marriage Act is not an administrative detail. It is the mechanism by which families most often find out and intervene. We would rather set out exactly how it works than reassure you vaguely.

Section 6(1): your notice is entered in the Marriage Notice Book, which is 'open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same'. Anybody may read it and nobody has to explain why.

Section 6(2): a copy is affixed to a conspicuous place in the Marriage Officer's office. That is a notice board in a government building. Not a newspaper, not a website, and not a communication to anyone.

Section 6(3): this is the one to plan around. If either of you is not permanently resident in the district where you are filing, a copy of the notice is transmitted to the Marriage Officer of your permanent-residence district and displayed on that office's notice board too. If your permanent address is your family home, that is where a copy of your notice goes.

Section 7(1): objections may be made within thirty days of publication - but only on the ground that the marriage would contravene a condition in Section 4. Caste is not a Section 4 condition. Religion is not. Parental disapproval is not. An objection resting on any of those is not an objection the Act recognises.

There is one authority worth knowing about here, and we will set out its limits as carefully as its content. In Safiya Sultana v. State of U.P., decided by the Allahabad High Court on 12 January 2021, the Court held that publication under Section 6 and the objection procedure under Section 7 are directory, and mandated that it 'shall be optional for the parties to the intended marriage to make a request in writing to the Marriage Officer to publish or not to publish a notice under Section 6'. If no request to publish is made, the Marriage Officer is not to publish or entertain objections.

The limit: it is a single-judge decision of the Allahabad High Court, and its directions were communicated to the Chief Secretary of Uttar Pradesh for Uttar Pradesh Marriage Officers. We have found no Delhi High Court decision adopting it and no Delhi Government circular implementing it, and Delhi's own recent authority on the thirty days points the other way. It is persuasive in Delhi, not settled. You should not plan on the basis that a Delhi Marriage Officer will follow it.

One further reassurance that is settled in Delhi. In Pranav Kumar Mishra v. Government of NCT of Delhi, W.P.(C) 748/2009, decided 8 April 2009, the Delhi High Court held that sending the notice to applicants' residential addresses, or routing it through the Station House Officer for verification, was 'completely whimsical and without authority of law', and directed all Marriage Officers not to despatch notices to the residences of applicants seeking solemnisation under Chapter II. Justice S. Ravindra Bhat's reason was exactly your situation: 'The unwarranted disclosure of matrimonial plans by two adults entitled to solemnize it may, in certain situations, jeopardize the marriage itself. In certain instances, it may even endanger the life or limb of one at the other party due to parental interference.'

The protection framework that exists on paper: Shakti Vahini

In March 2018, a three-judge Bench of the Supreme Court in Shakti Vahini v. Union of India laid down a framework of preventive, remedial and punitive measures for exactly the situation this page is about. It is worth knowing what it says, because it is what your district administration is supposed to be doing.

On the preventive side, State Home Secretaries are to direct Superintendents of Police to ensure that Station House Officers 'are extra cautious if any instance of inter-caste or inter-religious marriage within their jurisdiction comes to their notice'. Where a khap gathering is proposed, the matter escalates to a Deputy Superintendent of Police, who is to warn the assembly that convening is not permissible in law, and if it proceeds anyway, to remain personally present and ensure the proceedings are video recorded.

On the remedial side, where a khap or an assembly issues a diktat against a couple, the police 'shall cause to immediately lodge an F.I.R.'. The District Magistrate and Superintendent of Police must deal with a threat complaint 'with utmost sensitivity', and couples 'may be provided logistical support for solemnising their marriage and/or for being duly registered under police protection, if they so desire'. The initial inquiry is to be entrusted to an officer of the rank of Additional Superintendent of Police, who must report to the SP 'not later than one week'.

On safe houses, the Court said the State Government 'may consider of establishing a safe house at each District Headquarter', to accommodate couples whose relationships are opposed, under the supervision of the District Magistrate and Superintendent of Police. We draw your attention to the words 'may consider'. This direction is permissive, not mandatory, and you should not assume a safe house exists and is available in your district.

On the punitive side, the Court directed that 'The State Governments shall create Special Cells in every District comprising of the Superintendent of Police, the District Social Welfare Officer and District Adi-Dravidar Welfare Officer to receive petitions/complaints of harassment of and threat to couples of inter-caste marriage', and that '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.' Non-compliance by police or district officials is to be treated as deliberate negligence attracting departmental action.

Note who the Court told to do what, because most blogs get this wrong: the Special Cell is to be created by the State Government and comprises the Superintendent of Police with two welfare officers. The District Magistrate's role in the judgment is over safe houses and the entrustment of the initial inquiry.

What Delhi actually has - and what we cannot confirm

Delhi did respond to Shakti Vahini, and it is useful to know what was set up. It is equally useful to know how confident you can be that it is working today, and we are going to tell you both.

By an order of the Government of NCT of Delhi dated 28 August 2020, expressly stated to be in pursuance of the Supreme Court's judgment of 27 March 2018, fifteen District Special Cells were constituted. Each is coordinated by the District Deputy Commissioner of Police, with a District Social Welfare Officer and a District Women and Child Development Officer. The 181 helpline - the Delhi Commission for Women's women's helpline - was designated as the round-the-clock contact point. In March 2021 the Delhi Government's Social Welfare Department issued a Standard Operating Procedure for the protection of inter-faith and inter-caste couples, under which a call to 181 is assessed, the relevant DCP is informed, the District Magistrate is consulted on accommodation, security is provided, and on a preliminary inquiry confirming genuine threats an FIR is registered against those making them. A safe house at Kingsway Camp in North Delhi was reported, with capacity for three couples at a time.

Now the caveats, because they matter more than the list. Almost all of that comes from what Delhi Police and the Delhi Government told the Delhi High Court in 2021 and 2022, reported in the press. We have not been able to obtain the Standard Operating Procedure itself, and we have found no evidence either way about whether the fifteen cells, the 181 designation and the Kingsway Camp safe house are functioning in 2026. When Delhi Police reported to the High Court in September 2022, the cells had assisted seventeen couples.

Three couples at a time, in a city of twenty million. Seventeen couples assisted. We are not saying this to be cynical about a genuine effort. We are saying it because a page that tells you to call 181 and stop there is doing you a disservice.

So here is what we actually advise. Call 181, and do it - it costs nothing and it creates a record. But do not rely on the helpline alone. Simultaneously put your complaint in writing, addressed to the DCP of your district and to the SHO of the police station in whose jurisdiction you live, and keep the acknowledgement. And if the threat is real, go to the High Court, because that is the route with a documented and reliable outcome.

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The route that works in Delhi: a protection petition

This is the section we would most like you to read carefully, because it is concrete and because nobody else is telling you what actually happens.

The petition is a writ petition on the criminal side - a W.P.(Crl.) - filed under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which is the provision that replaced Section 482 of the Code of Criminal Procedure. It seeks a direction to the police to protect the couple, and typically also that no coercive action be taken on complaints or FIRs lodged by the objecting family.

Take a recent and fully documented example. In Prince Tyagi & Anr. v. State of NCT of Delhi, W.P.(Crl) 2419/2025, Justice Sanjeev Narula of the Delhi High Court passed an order on 5 August 2025. The couple had married on 23 July 2025 at an Arya Samaj trust at Tis Hazari. The woman's guardian and mother had threatened them, and a missing-person entry had been opened against them at a Delhi police station.

The Court held: 'The right of two consenting adults to choose each other as life partners and to live together in peace is a facet of their personal liberty, privacy, and dignity protected under Article 21. Family disapproval cannot curtail that autonomy. The Supreme Court has repeatedly affirmed this position and directed the police to safeguard such couples from intimidation or harm.'

And this is the relief actually granted, which is the part worth knowing in advance: 'The SHO of the concerned police station shall designate a beat officer, sensitise him/her to the present order, and furnish to the Petitioners, the mobile numbers of the beat officer and the station's 24x7 contact. Upon any complaint of threat, the police shall promptly enter a DD entry and extend immediate assistance.' Counsel was directed to share the couple's current residence and contact details with the Investigating Officer that same day.

The whole matter was heard and disposed of in a single hearing on the day it was listed.

That is not an isolated order. In Deepali & Anr. v. State of NCT of Delhi, decided 26 October 2023, Justice Tushar Rao Gedela held that 'No one, not even the family members can object to such relation or to the matrimonial ties between the petitioners', and that 'The right of the petitioners to marry a person of their own choice is indelible and protected under the Constitution, which cannot be diluted in any manner whatsoever.' In February 2026 the Delhi High Court again granted protection with direct access to the SHO and beat officers, and directed the couple to notify the local police on relocating so protection is not interrupted. In April 2026 the Court held that protection under Articles 19 and 21 does not turn on marital status, so a couple living together but not yet married is equally entitled.

Two honest notes. First, the Court in Prince Tyagi was careful to say that directions of this kind 'are purely preventive in nature' and are not an expression of opinion on the truth of the petitioners' claims - so a protection order is not a finding that your family has done anything. Second, this is a real petition requiring real drafting, and it is where an advocate earns their fee.

Protection first, proof later: Devu G Nair

There is one further authority every couple in this position should know about, because it answers the objection you are most likely to face: that you have not proved you are actually in danger.

In Devu G Nair v. State of Kerala, 2024 INSC 228, decided in March 2024 by a Bench headed by Chief Justice D.Y. Chandrachud, the Supreme Court laid down guidelines for courts dealing with habeas corpus petitions and petitions for police protection involving inter-caste, interfaith, same-sex and transgender couples. The Supreme Court's own summary of the ruling, published in its Chronicle, states: 'Courts should grant interim police protection for same-sex, transgender, inter-faith, or inter-caste couples and refrain from imposing counselling or parental care. The role of the Court is limited to ascertaining the will of the person.'

The guidelines in substance direct courts to prioritise listing such petitions and avoid adjournments; to interact with the person in chambers, in camera, away from the family; to ensure that the person's stated wishes are not influenced by the court, the police or the family; to release the person immediately if they are unwilling to return; not to order counselling or parental care as a means of changing their mind; and - this is the operative point for you - to grant interim police protection before determining any threshold of risk or violence.

The Court stated that the guidelines are to be followed as a mandatory minimum. We are describing them rather than quoting them, because we have not been able to obtain the signed judgment and we do not put words in quotation marks unless we have read them.

What this means practically: you should not be told to come back when something has actually happened to you. The whole point of protection is that it precedes the harm.

If threats begin: what to do in the first twenty-four hours

Threats tend to arrive suddenly and the instinct is to wait and see whether they are serious. Our advice is the opposite. Create a record immediately, because the record is what everything afterwards is built on, and it costs you nothing to make one.

Work three tracks at the same time rather than one after another. They do not conflict and each strengthens the others.

  • Call 112 for an immediate emergency, and 181 for the Delhi helpline. Note the time of the call and the reference given, if any
  • Put it in writing the same day - a dated written complaint to the SHO of your police station, and a copy to the DCP of your district. Get a receipt or an acknowledgement, and photograph it
  • Preserve everything - screenshots of messages with sender numbers visible, call logs, voice notes, names of anyone who came to the house, dates and times. Back it all up somewhere that is not your phone
  • Register your marriage if you have not already, and keep certified copies in more than one place. A registered marriage is very much harder to interfere with than an intended one
  • Tell two trusted people outside both families where you are and how to reach you, and agree a check-in time
  • Speak to an advocate about a protection petition the same week, not after the situation deteriorates. Devu G Nair says the court should not require you to prove danger first
  • If a missing-person report or a false FIR is filed against your spouse, do not go to a distant police station alone - that is precisely the situation the Supreme Court addressed in Laxmibai Chandaragi
  • Keep your own conduct clean. Do not threaten back, do not go to the family home to argue, and do not respond to provocation in writing

When a missing-person FIR is filed against you

This is one of the commonest tactics and it deserves its own treatment, because the Supreme Court has dealt with it directly and the judgment is not widely known.

In Laxmibai Chandaragi B v. State of Karnataka, Writ Petition (Criminal) No. 359 of 2020, decided on 8 February 2021 by Justices Sanjay Kishan Kaul and Hrishikesh Roy, a woman travelled from Karnataka to Delhi, married of her own free will, and sent her marriage certificate to her parents on WhatsApp. Her parents had lodged a missing-person complaint. The Investigating Officer refused to close it, pressured her to travel back to Karnataka to record her statement, and warned that her parents would file a theft case and her husband would be arrested.

The Supreme Court quashed the FIR and was blunt about the officer's conduct: 'We strongly deprecate the conduct of the IO in adopting these tactics and the officer must be sent for counseling as to how to manage such cases.' On the practicalities: 'If the IO could have visited the residence of petitioner No.2, he could very well have recorded the statement of petitioner No.1 at the place where the petitioners were residing rather than insisting and calling upon the petitioners to come to the local police station at Karnataka.'

The Court also observed, in a passage that reads as though it were written for this page: 'Educated younger boys and girls are choosing their life partners which, in turn is a departure from the earlier norms of society where caste and community play a major role. Possibly, this is the way forward where caste and community tensions will reduce by such inter marriage but in the meantime these youngsters face threats from the elders and the Courts have been coming to the aid of these youngsters.'

And it directed the police authorities to devise a training programme for handling such cases.

So if a missing-person complaint has been lodged against your spouse, the position is this. An adult woman who has left of her own will is not missing. Her statement can be recorded where she is. She cannot be compelled to travel across the country to a police station in her family's home district. And the judgment ended with the Court quoting Dr Ambedkar: 'The real remedy for breaking caste is inter-marriage. Nothing else will serve as the solvent of caste.'

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The criminal law in 2026 is the BNS, not the IPC

If you are reading a page that tells you to file an FIR under IPC Sections 506 and 341, that page is out of date. The Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita, 2023 with effect from 1 July 2024. The offences still exist; the numbers changed.

This is not a technicality. A complaint that cites repealed provisions is a complaint that invites argument at the threshold, and the police station you are dealing with is working from the new numbering.

One provision deserves to be pulled out of the table below and stated on its own, because it is genuinely new and it was written for exactly this problem.

The provisions that matter in an inter-caste marriage threat case, in current law.
OffenceBNS 2023Old IPCPunishment
Murders.103(1)302Death or imprisonment for life, and fine
Murder by a group of five or more on the ground of castes.103(2)No IPC equivalentDeath or life imprisonment for EACH member, and fine
Kidnapping or abducting a woman to compel her marriages.87366Up to 10 years and fine
Wrongful confinements.127340, 342Up to 1 year, or fine up to Rs 5,000, or both
Criminal intimidations.351(1)-(2)503, 506Up to 2 years, or fine, or both
Criminal intimidation with threat of death or grievous hurts.351(3)506 (second part)Up to 7 years, or fine, or both
Unlawful assembly (a khap or family gathering can qualify)s.189(1)-(2)141, 143As provided
Criminal conspiracys.61120A, 120BAs provided
Quashing / protection petition provisionBNSS s.528CrPC s.482The provision under which protection petitions are filed

Section 103(2) BNS - the provision written for honour killings

Section 103(2) of the Bharatiya Nyaya Sanhita reads: 'When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine.'

There was no equivalent of this in the Indian Penal Code. It creates a specific offence of caste-motivated group murder, and it attaches the death penalty or life imprisonment to every member of the group, not only to whoever struck the blow.

Honour killings are almost never the act of one person. They are the act of a family or a clan acting together, precisely so that responsibility is diffused. Section 103(2) is aimed at that diffusion. It says that acting in concert on a caste ground is itself the aggravating circumstance, and that each participant carries the full weight of it.

We have checked the pages currently ranking for searches on this subject. Not one of them mentions this provision. If you are reporting threats from a group of relatives, it is worth having your advocate reference it.

One more translation worth making. Shakti Vahini directed the police to lodge FIRs under IPC Sections 141, 143, 503 read with 506 where a khap or assembly issues a diktat against a couple. In 2026 those provisions are Sections 189(1), 189(2) and 351(1) read with 351(2) or 351(3) of the Bharatiya Nyaya Sanhita. The direction has not lapsed; only the numbering has changed.

If your spouse is Scheduled Caste and is being abused by caste

Where one spouse belongs to a Scheduled Caste or Scheduled Tribe and faces caste-based abuse from the other spouse's family or from anyone else, an additional statute becomes available: the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is a serious piece of legislation and it is frequently overlooked in this context.

Section 3(1)(r) covers intentionally insulting or intimidating with intent to humiliate a member of a Scheduled Caste or Scheduled Tribe in any place within public view. Section 3(1)(s) covers abusing such a person by caste name in any place within public view. Section 3(2)(v) provides that where an offence under the general penal law punishable with ten years or more is committed against a person knowing them to be SC or ST, the punishment is imprisonment for life and fine. The 2015 amendment added the imposition or threat of a social or economic boycott as an offence under Section 3 - directly relevant where a family or a caste panchayat ostracises a couple.

Section 4 is the one to invoke if a police station refuses to register the complaint: it imposes duties on public servants including proper registration of the FIR, recording of statements and investigation within sixty days, and makes wilful neglect punishable with six months to one year. Section 14 provides for a Special Court in each district. Section 15A sets out the rights of victims and witnesses including legal aid at government expense. Section 18, reinforced by Section 18A, excludes anticipatory bail for offences under the Act.

We will be straight with you about the last point, because it cuts both ways and you should hear it from your own advocate rather than from the other side. The exclusion of anticipatory bail is a powerful protection for the Scheduled Caste spouse. It also means that if a complaint under this Act is made against the non-Scheduled Caste spouse or their family, anticipatory bail is not available to them either. This is a statute to invoke deliberately and accurately, not reflexively.

The money question: the central Rs 2.5 lakh scheme is closed

We checked fifteen pages currently ranking for searches about inter-caste marriage in Delhi and about the inter-caste marriage incentive. Thirteen of them promote the Dr Ambedkar Scheme for Social Integration through Inter-Caste Marriages. Ten give step-by-step instructions on how to apply. Not one of them discloses that the scheme stopped accepting applications more than three years ago.

Here is the document. The Dr Ambedkar Foundation, Ministry of Social Justice and Empowerment, issued a circular dated 13 January 2023, File No. DAF/1/2023-ADMIN-DAF. Paragraph 2 states that the inter-caste marriage scheme 'will merge with the Centrally Sponsored Scheme for implementation of the Protection of Civil Rights Act, 1955... with effect from 01st April, 2023'. Paragraph 3 gave eligible couples until 28 February 2023 to apply and provided for pending cases to be resolved by 31 March 2023. Paragraph 5 is the operative sentence: 'No applications will be entertained for Dr. Ambedkar Scheme for Social Integration through Inter-Caste Marriages... by the Dr. Ambedkar Foundation with effect from 01st April 2023.'

Paragraph 4 told applicants where to go instead: 'Apply through the procedures of Social Welfare Department of respective State Govt/UT.' And paragraph 7 asked that the information 'may, please be given wide publicity'.

It was not given wide publicity. As at the date we are writing this, the Dr Ambedkar Foundation's own scheme page is still live and still reads as an open scheme, with no closure notice and no instruction to apply to the State or UT department. That is why so many pages still tell people to apply - they are copying a stale government page. And there was no formal public announcement; applicants generally learned of the closure only through letters from state departments.

For completeness, since you may have been counting on it: the scheme gave Rs 2.50 lakh per marriage, Rs 1.50 lakh released to the couple's joint account and Rs 1 lakh placed in a three-year fixed deposit. It required one spouse to be Scheduled Caste and the other not, a first marriage for both, a legally valid and registered marriage, application within one year, and a recommendation from an MP, MLA or the District Collector. There was no income limit in the final guidelines.

The successor is the Centrally Sponsored Scheme for implementation of the Protection of Civil Rights Act, 1955 and the SC/ST (Prevention of Atrocities) Act, 1989, under which inter-caste marriage incentives are delivered by State Governments and Union Territory Administrations, with amounts varying widely between states. For a couple in Delhi that means Delhi's own scheme.

We say all this because you may be planning around money that is not coming, and because a page that would lie to you about this would lie to you about other things too.

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What Delhi still offers, and how to apply

The Department for the Welfare of SC/ST/OBC, Government of NCT of Delhi, operates an inter-caste marriage incentive, described on its own pages as falling under the same Centrally Sponsored Scheme that the Dr Ambedkar Foundation circular pointed applicants towards.

The stated amount is Rs 50,000. In the Department's own words: 'When marriage is registered between SC and non-SCs couple an incentive of Rs.50,000/- is provided.' The application window is two years - 'Couple engaged in the inter caste marriage can apply for incentive within two years from the date of marriage' - which is longer than the one year the central scheme allowed.

Registration of the marriage is compulsory: 'Registration of marriage in the Office of the Registrar, marriages is compulsory.' Either husband or wife must be a permanent resident of NCT of Delhi; where the spouse is from another state, the department's condition is that that person's parents should have been residing in Delhi for the last five years. The couple must produce proof of living together after the marriage. There is a clause allowing a widow or widower up to the age of thirty-five with no children to avail of the incentive.

One condition worth reading before you plan: the department's stated conditions require the non-Scheduled Caste spouse to furnish proof that their caste is not covered under untouchability in their home state, to follow the Hindu religion, and to reside in Delhi after the marriage. On the face of those conditions this is an SC and non-SC-Hindu scheme, not an interfaith one.

Where to apply: the area Sub-Divisional Magistrate's office. The department states that 'Complete application forms will be kept in the custody of respective SDMs Office.' The documents are the marriage certificate, the caste certificate issued by the Deputy Commissioner, identity proof, and the application form attested by a Gazetted Officer.

Our caveat, which we would rather give you than have you discover: the departmental page carrying these details is undated and we could not establish when it was last revised. We found no evidence of any increase above Rs 50,000 and no evidence of withdrawal. Treat the figure and the route as what the Delhi Government currently states, confirm it at the SDM's office before you rely on it, and do not treat it as guaranteed.

We have a separate page setting out the inter-caste marriage scheme position in more detail, including what to do if you were mid-application when the central scheme closed.

What the ranking pages get wrong

We read the pages currently on the first page for the searches that bring people here and checked each claim against the bare Acts, the judgments and the government sources. These are the errors that could actually cost somebody something.

Claims currently ranking on page one, and the position.
What is being publishedThe position
"Apply now for Rs 2.5 lakh under the Dr Ambedkar Scheme"Closed to new applications since 1 April 2023 per the Foundation's own circular of 13 January 2023. Thirteen of fifteen pages we checked still promote it; ten give application steps
"Section 29(1) of the Hindu Marriage Act makes inter-caste marriage valid"s.29(1) saves marriages solemnised BEFORE 18 May 1955. The live provisions are s.4 and s.5, which simply does not list caste
FIR provisions cited as IPC 506, 341, 302The IPC was replaced by the Bharatiya Nyaya Sanhita on 1 July 2024. The provisions are BNS ss.351, 127 and 103
Nothing about BNS s.103(2)The new caste-motivated group-murder offence carrying death or life for each member. No competitor page mentions it
"Call 181 and you will get a safe house"The Shakti Vahini safe-house direction is permissive - 'may consider'. Delhi's reported safe house had capacity for three couples
"The DM and SP will set up a special cell"Shakti Vahini directs the State Government to create Special Cells comprising the SP with two welfare officers. The DM's role is over safe houses and the initial inquiry
No mention of the protection petition routeW.P.(Crl.) under Art. 226 read with BNSS s.528, often disposed of in a single hearing with a named beat officer and contact numbers
No mention of Devu G Nair (2024)The Supreme Court's guidelines requiring interim protection BEFORE any risk threshold is assessed. Absent from the entire ranking set
No mention of Laxmibai Chandaragi (2021)The authority on missing-person FIRs and police pressure to travel back to the family's district
"Conversion is required for an interfaith inter-caste marriage"No. Special Marriage Act s.4 - a marriage may be solemnised 'between any two persons'. No conversion by anybody

What to prepare, practically

Whatever route you take, the same small set of documents does most of the work, and having them in order removes the commonest source of delay and the commonest line of attack.

Age proof is the one that matters most. In a case where a family is contesting the marriage, age is what they will attack, because it is the only Section 4 or Section 5 condition they have any prospect of raising. Carry the matriculation certificate or the birth certificate in original, for both of you, and keep attested copies with somebody you trust who is not in either family.

Identity and address proof for both, with the address proof covering the district where you intend to file if you are going the Special Marriage Act route - the thirty days of prior residence under Section 5 has to be provable, not merely true.

If either of you has been married before, the decree of divorce or the death certificate, in original. This is the one genuinely fatal objection and it cannot be talked around.

Photographs of the ceremony if you are marrying by ceremony, and the details of the priest who performed it. After the Supreme Court's decision in Dolly Rani (2024), a certificate proves nothing where no ceremony actually took place - so the evidence that the ceremony happened has independent value.

The caste certificate for the Scheduled Caste spouse, issued by the Deputy Commissioner, if you intend to apply for the Delhi incentive. It takes time to obtain and it is worth starting early.

And keep a single folder, digital and physical, with all of it plus a written note of dates - when you married, when you registered, when any threat was made, when any complaint was filed. If a protection petition becomes necessary, that folder is what your advocate will work from and it will save you a week.

Mistakes we see most often

These are the ones that come up again and again, and every one of them is avoidable.

  • Waiting to see whether the threats are serious before creating any record. Make the record on day one - it costs nothing and it is what everything later is built on
  • Choosing the Special Marriage Act without thinking about Section 6(3), and then discovering that a copy of the notice went to the office of your permanent-residence district
  • Marrying at a mandir and never registering. The certificate that every downstream process actually runs on is the government one
  • Relying on the 181 helpline alone instead of also putting a written complaint on record with the SHO and the DCP
  • Travelling to a distant police station alone because a missing-person complaint was filed. Laxmibai Chandaragi is directly on this
  • Planning around Rs 2.5 lakh from a scheme that has not accepted applications since April 2023
  • Applying for the Delhi incentive after two years have passed, or without having registered the marriage
  • Citing repealed IPC sections in a complaint in 2026 instead of the corresponding BNS provisions
  • Going to the family home to argue, or replying to threats in writing. It creates material for the other side and helps nobody
  • Assuming a protection petition requires proof of an attack. Devu G Nair says the opposite - protection comes before the risk assessment
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How we work on these cases

We handle the marriage and the protection as one matter, because in practice they are one matter. Splitting them - marrying quietly and hoping, then scrambling for protection when something happens - is how couples end up exposed at exactly the wrong moment.

The first conversation is about which route actually suits your circumstances, and that conversation is free. If both of you are Hindu, Buddhist, Jain or Sikh, we will usually say the Hindu Marriage Act route, and we will tell you that even though it is quicker and earns us less. If you are an interfaith couple, we will tell you plainly what the thirty-day notice exposes and what Section 6(3) means for your permanent address, before you file anything.

Then the documents, checked before anything is submitted, because a returned file costs you weeks you may not have.

If there are threats, we work the three tracks together: the written complaint on record with the SHO and the DCP the same day; the criminal complaint under the correct current provisions if an offence has been committed; and the protection petition before the Delhi High Court, which on the recent pattern is heard and disposed of quickly with a named beat officer and direct contact numbers.

And we will tell you when something is not available. We will not tell you that a closed scheme is open, that a helpline will produce a safe house, or that an Allahabad judgment binds a Delhi Marriage Officer. You are going to make decisions on the basis of what we tell you, and those decisions matter more than a marginal fee.

The first call is free and confidential. If you are frightened right now, call - do not wait until you have organised your thoughts.

Frequently asked questions

Is inter-caste marriage legal in India?

Yes, and the provisions are specific. Section 5 of the Hindu Marriage Act, 1955 lists five conditions for a valid Hindu marriage and caste is not among them; Section 4 abolished any prior custom or rule that required same-caste marriage. Section 4 of the Special Marriage Act, 1954 says a marriage 'between any two persons' may be solemnised under it. The Supreme Court held in Lata Singh v. State of U.P., (2006) 5 SCC 475: 'There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law.'

Do we need our parents' consent?

No. In Shakti Vahini v. Union of India, (2018) 7 SCC 192, the Supreme Court held that 'the consent of the family or the community or the clan is not necessary once the two adult individuals agree to enter into a wedlock. Their consent has to be piously given primacy.' Parental consent is not a condition in either the Hindu Marriage Act or the Special Marriage Act.

What can my family legally do if they disapprove?

In Lata Singh the Supreme Court put it exactly: 'the maximum they can do is that they can cut-off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage.' They may refuse to attend and may cut you off. Anything beyond that is unlawful.

Which Act should an inter-caste couple marry under?

If both of you are Hindu, Buddhist, Jain or Sikh, the Hindu Marriage Act is available regardless of caste and has no notice period - the marriage is created by the ceremony under Section 7. If you are of different religions, or want a purely civil marriage, the Special Marriage Act applies to any two persons with no conversion required, but carries a thirty-day public notice.

Does a khap panchayat have any authority over our marriage?

None. Shakti Vahini: 'The Khap Panchayat or any Panchayat of any nomenclature cannot create a dent in exercise of the said right', and 'Their activities are to be stopped in entirety... What is illegal cannot commend recognition or acceptance.' An assembly of five or more persons using force or threats to compel you is an unlawful assembly under Section 189 of the Bharatiya Nyaya Sanhita.

We are being threatened. What should we do first?

Create a record the same day. Call 112 for an emergency and 181 for the Delhi helpline, then put a dated written complaint on record with the SHO of your police station with a copy to your district DCP, and keep the acknowledgement. Preserve screenshots, call logs and voice notes. Speak to an advocate about a protection petition that week rather than waiting for the situation to deteriorate.

What is a protection petition and how does it work in Delhi?

It is a writ petition on the criminal side - a W.P.(Crl.) under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 - asking the High Court to direct the police to protect you. The Delhi High Court has been disposing of these quickly, often in a single hearing.

What does the court actually order?

In Prince Tyagi v. State of NCT of Delhi, W.P.(Crl) 2419/2025, decided 5 August 2025, the Delhi High Court directed that 'The SHO of the concerned police station shall designate a beat officer, sensitise him/her to the present order, and furnish to the Petitioners, the mobile numbers of the beat officer and the station's 24x7 contact', and that on any complaint of threat the police shall promptly enter a DD entry and extend immediate assistance.

Do we have to prove we are in danger before getting protection?

No. In Devu G Nair v. State of Kerala, 2024 INSC 228 (March 2024), the Supreme Court laid down guidelines directing courts to grant interim police protection to inter-caste, interfaith, same-sex and transgender couples before determining any threshold of risk or violence, and not to impose counselling or parental care. The Court stated the guidelines are a mandatory minimum.

Does the Delhi High Court protect live-in couples too?

Yes. In April 2026 the Delhi High Court held that protection under Articles 19 and 21 does not depend on marital status, and that whether the petitioners are married or in a live-in relationship is not a germane factor. The relief granted followed the same pattern - access to the SHO and beat officer, and notification to the police on relocating.

My family has filed a missing-person report. What now?

An adult who has left of her own will is not missing. In Laxmibai Chandaragi B v. State of Karnataka (8 February 2021) the Supreme Court quashed such an FIR and deprecated the Investigating Officer's conduct in pressuring the woman to travel back to her home state, holding that her statement could have been recorded where she was living. Do not travel alone to a distant police station - take legal advice first.

What are the current criminal provisions if we are threatened?

The Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita, 2023 on 1 July 2024. Criminal intimidation is now Section 351, with Section 351(3) covering threats of death or grievous hurt; wrongful confinement is Section 127; kidnapping or abducting a woman to compel her marriage is Section 87; unlawful assembly is Section 189; murder is Section 103.

Is there a specific provision for honour killings?

Yes, and it is new. Section 103(2) of the Bharatiya Nyaya Sanhita provides that when a group of five or more persons acting in concert commits murder on the ground of race, caste, community, sex, place of birth, language or personal belief, each member of the group is punishable with death or imprisonment for life. There was no equivalent in the Indian Penal Code.

Does Delhi have a special cell for inter-caste couples?

Fifteen District Special Cells were constituted by a Government of NCT of Delhi order dated 28 August 2020 in pursuance of Shakti Vahini, each coordinated by the District DCP, and the 181 helpline was designated as the contact point. We could not confirm their current operational status, so use them - but also put your complaint in writing with the SHO and DCP, and treat the High Court route as the reliable one.

Is a safe house guaranteed?

No. The Supreme Court's direction in Shakti Vahini is that the State Government 'may consider of establishing a safe house at each District Headquarter' - permissive, not mandatory. Delhi's reported safe house at Kingsway Camp had capacity for three couples at a time. Do not plan on the assumption that accommodation will be available.

Can we still get Rs 2.5 lakh for an inter-caste marriage?

No. The Dr Ambedkar Foundation's circular dated 13 January 2023 (File No. DAF/1/2023-ADMIN-DAF) states: 'No applications will be entertained for Dr. Ambedkar Scheme for Social Integration through Inter-Caste Marriages... by the Dr. Ambedkar Foundation with effect from 01st April 2023.' The scheme was merged into the Centrally Sponsored Scheme under the Protection of Civil Rights Act, 1955 and is now delivered by State and UT departments.

Why do so many websites still say the Rs 2.5 lakh scheme is open?

Because the Dr Ambedkar Foundation's own scheme page is still live and carries no closure notice, and no formal public announcement of the closure was made - the circular's own instruction that it 'may, please be given wide publicity' was not followed. Of fifteen ranking pages we checked, thirteen promote the scheme and none discloses the closure.

What incentive is available in Delhi now?

The Department for the Welfare of SC/ST/OBC, Government of NCT of Delhi, states that where a marriage is registered between an SC and a non-SC couple, an incentive of Rs 50,000 is provided, and that a couple may apply within two years of the marriage. Application forms are kept at the area SDM's office. The departmental page is undated, so confirm the current position at the SDM's office before relying on it.

What are the conditions for the Delhi incentive?

Registration of the marriage is compulsory. Either husband or wife must be a permanent resident of Delhi, and where a spouse is from another state, that person's parents should have been residing in Delhi for the last five years. Proof of living together after the marriage is required. The department's stated conditions also require the non-SC spouse to follow the Hindu religion and to reside in Delhi after the marriage.

Do we need a caste certificate?

For the marriage itself, no - caste is irrelevant to validity under both Acts. For the Delhi incentive, yes: a caste certificate issued by the Deputy Commissioner is among the documents the department lists, along with the marriage certificate, identity proof and the application form attested by a Gazetted Officer.

My spouse is Scheduled Caste and is being abused by caste. What applies?

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Section 3(1)(r) covers intentional insult or intimidation with intent to humiliate in public view, and Section 3(1)(s) covers caste-name abuse in public view. The 2015 amendment added imposing or threatening a social or economic boycott. Section 4 makes wilful neglect by a public servant - including failure to register the FIR - an offence, and Section 18 excludes anticipatory bail.

Does an Arya Samaj marriage certificate need registration?

Yes. The Arya Marriage Validation Act, 1937 removes caste and prior religion as grounds of invalidity, and the ceremony creates a valid marriage under Section 7 of the Hindu Marriage Act. But the mandir's certificate is not a government document, and every downstream process - passport, visa, bank, protection petition, incentive application - runs on the certificate issued on registration under Section 8.

Can we avoid the thirty-day notice under the Special Marriage Act?

Not lawfully, in Delhi. In Safiya Sultana (Allahabad HC, 12 January 2021) the Court made publication optional at the couple's written request - but it is a single-judge decision whose directions were communicated to the Chief Secretary of Uttar Pradesh, and we found no Delhi decision or circular adopting it. If you need to avoid the notice and you are both Hindu, Buddhist, Jain or Sikh, the lawful answer is the Hindu Marriage Act route, which has no notice at all.

Do we need to convert for an interfaith inter-caste marriage?

No. Section 4 of the Special Marriage Act permits solemnisation 'between any two persons' with no requirement of conversion by either party. Conversion is a serious personal decision and should never be undertaken because a notice period or a scheme condition makes it convenient.

We are frightened and do not know where to start. What is the single most useful thing to do today?

Put something in writing. A dated complaint to the SHO of your police station, with a copy to the district DCP, describing what has been said or done and by whom, with a receipt kept. It takes an hour, it costs nothing, and it converts a situation that currently exists only in your account of it into a record that a court and the police can act on. Then call us - the first conversation is free.

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