Khap Panchayats, traditional village councils prevalent in certain regions of India, have increasingly garnered attention for their controversial role as extra-constitutional authorities. Operating beyond the purview of established legal frameworks, these bodies have been implicated in delivering arbitrary pronouncements that often lead to egregious human rights violations. In response to this critical issue, the legislative, executive, and judiciary branches of the Indian government have embarked on multifaceted actions to rectify the situation. The legislative branch has engaged in deliberations to enact stringent laws addressing the activities of Khap Panchayats, aiming to curtail their unchecked powers and protect individual rights. Simultaneously, the executive has undertaken measures to raise awareness and educate local communities about the importance of adhering to constitutional principles, thereby challenging the influence of these traditional councils. The judiciary, recognizing the gravity of the matter, has played a pivotal role in delivering landmark judgments that underscore the supremacy of fundamental rights over arbitrary decisions made by Khap Panchayats. Despite these efforts, challenges persist in fully dismantling the deeply entrenched social and cultural norms that perpetuate the authority of Khap Panchayats, making it imperative for continued collaboration between the branches of government to ensure the effective implementation of corrective measures.
Tag: Structure, organization and functioning of the Executive and the Judiciary.
Decoding the Question:
- In the Introduction, briefly write an introduction about Khap Panchayats and why they were in the news.
- In Body, try to examine the actions taken by the legislative, Executive, and judiciary on Khap Panchayats.
- Conclude with the positive changes in the Khap Panchayats in current times.
Answer:
Khap Panchayats are caste or community groups, present largely in rural areas of north India, which at times act as quasi-judicial bodies and pronounce harsh punishments based on age-old customs. These were socially relevant and renowned for the amicable resolution of disputes only till the judicial system was established. Over time they lost their clout. In the last decade, they have regained legitimacy through issues such as a ban on same-sex marriages. They have become less transparent in functioning, oppressive, and in conflict with the law of the land. Several cases of women and men falling victim to ‘Khap’ diktats have been reported over the years, particularly in states like Haryana, Uttar Pradesh, and Rajasthan.
Organization of Khap Panchayats:
- The single-caste-single-gotra khaps are found in areas where a single gotra dominates a sizable geographical area. Examples of such Khaps include Dahiya Khap; Huda Khap;
- The single-caste-multiple-gotra clans are found in areas where several villages are dominated by different gotras of the same caste. The 24 villages of Meham in Rohtak of Haryana are examples of such Khap.
- The multi-caste-multi-gotra khaps are found in areas where some villages are dominated by a particular caste and other areas by other castes. The Bawal Khap of Chaurasi in the Rewari district of Haryana is an example of such Khap.
Actions Taken by the Legislative, Executive, and Judiciary:
Legislative Actions: Various legislative efforts have been taken by the Parliament of India to check the misuse of power and authority by the Khap Panchayats. Article 19 of the Constitution of India guarantees to all citizens the right to assemble peaceably and without arms; as well as the right to form associations and unions. Therefore, Khap Panchayats cannot be per se deemed to be illegal. However, at the same time, honor crimes can only be checked by prohibiting such assembly from condemning marriage and harassing newly married couples.
Executive Action: The Union Government came up with a draft legislation named “Prohibition of Unlawful Assembly (Interference with Freedom of Matrimonial Alliances) Bill, 2011.”
- This Bill has been a serious attempt towards a legislative framework to curb the evil of honor crimes. But unfortunately, this Bill lapsed with the dissolution of the 15th Lok Sabha in 2014.
- At present, there is no special law, and honor killing is treated as murder under Section 300 read with Section 302 of the IPC.
- The Law Commission of India drafted legislation that seeks to declare Khap Panchayats unlawful.
- The Commission also proposed legislation namely, The Endangerment of Life and Liberty (Protection, Prosecution and Other Measures) Act, 2011, to prosecute persons or a group involved in such endangering conduct and activities.
- The Union Government requested the state governments to protect couples fearing for their lives due to inter-caste or inter-faith marriages and that such couples should inform the marriage officers about any such threat so that they can be given protection.
Judicial Action: The Judiciary has often come to the rescue wherein the decision of Khaps have been against the fundamental spirit of the Constitution. To elucidate a few cases:
- In Smt. Laxmi Kachhwaha v. State of Rajasthan, a public interest litigation was filed in the Rajasthan High Court to draw the attention of the Court towards the illegal functioning of Caste Panchayats.
- The Allahabad High Court, in Sujit Kumar v. State of Uttar Pradesh & Others, noted that “In our secular and liberal country, honor killings have been taking place from time to time, and what is deeply disturbing is that Police and other authorities do not seem to take steps to check these disgraceful and barbaric acts.
- The Supreme Court of India declared Khap Panchayats to be illegal the ruling came on a plea by NGO Shakti Vahini, which had moved the apex court in 2010 seeking protection of couples from honor killings.
- The Apex Court had asked Khap Panchayats not to behave like “conscience keepers of the society” and said that a marriage between two adults was governed by the law.
- The Supreme Court has asked the state governments to identify districts, sub-divisions and/or villages where instances of honor killing, or assembly of Khap Panchayats have been reported in the last five years.
The Khaps have deep roots, based on principles of Bhaichara and Hukka-Pani {Interdining} and it is the kinship feeling or cultural relativism that gives them strength. They deliver justice quickly unlike our regular courts which keep a huge backlog. Further, despite too many extravagant and illogical diktats, these panchayats have frequently made pronouncements on social issues in an attempt to combat problems like female abortions, alcohol abuse, and dowry, and to promote education. Thus, it’s high time for the Khaps themselves to change and reform themselves with the changing times lest the court stamps them out. The government/judiciary also can make a way so that Khaps may work as alternative Dispute Redressal bodies and per the law of the land.
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