Khap Panchayat regulates the khap formed under the same gotra [clans or sub-caste] families in the villages it covers. 'Khap panchayats' had earlier told the court that they were encouraging inter-caste and inter-faith marriages and had referred to provisions of the Hindu Marriage Act which prohibit a union between 'sapinda' relationships or close blood relatives among Hindus. Rather, it is these khaps only which have encouraged such malicious practices. For instance, a Sarva Khap was set for the whole of the State of Haryana. What is Khap Panchayat? So the couple did not think that because of their wedding, they had caused any dishonour to their families by marrying each other. And with this the meeting concluded as the final verdict of the panchayat was announced, which was to sentence Sonia and Ved Pal to death, they have wrongfully brought dishonor to their respective castes. As already discussed, the khap panchayat governs the khap gotra (clans) from several villages. Breaking his silence on the khap panchayat issue, Haryana Chief Minister Bhupinder Singh Hooda on Tuesday said "these gatherings have no legal status and the state government would not let them take law into their hands". In the meantime, he saw a mob of almost hundred villagers who were fully armed advance towards him. Ved Pal went to the court authorities to seek help again. But who knew that the dangerous mistake Ved Pal actually made was getting married to a woman of his own choice, who was from an adjoining village. Ved Pal could easily sense trouble then, and in order to save him, he locked himself in one of the rooms inside the house, but those people along with Sonia’s family broke open the door and dragged him out of the room. Even after the continued cruel practices of these khaps for long and the crucial judgement by the Supreme Court, the heads of these panchayats have disapproved of the decision of the Supreme Court and said that they have been denied justice. They consolidate their position and power covering area comprising a cluster of villages and set rules. Getting a little more involved in the case, the district administration also had by then issued a warning to the villagers of taking a legal action against them if they tried to commit an offence against the couple. Nirupama, a 22-year old journalist, who comes from a Brahmin family, was in love with a boy from another caste and thus, was brutally murdered in the name of honour. The couple had to seek local court’s help for providing them police protection, despite of which they were kidnapped and killed and their dead bodies were found floating in a canal after a long time. He says, “Khaps were socially relevant and renowned for amicable resolution of disputes only till the judicial system was established. Khap panchayat's diktat: Rape sisters to avenge their brother's action. View examples of our professional work here. The SC said that any assembl The menace of honour killings under the pressure of these khap has undoubtedly spread its tentacles all over India. Indian National Lok Dal does not support the illegal orders of Khap Panchayats. The Court even made sure that they took serious action against the policemen deployed for the security of Manoj and Babli who were actually equal partners in crime for facilitating the accused in committing the crime. This was accused to be on the grounds of morality. If a couple runs away trying to escape all this, their family has to suffer boycott and pay extensive amounts of fines. The meeting took place with the Akhil Bharatiya Adarsh Jat Mahasabha (ABAJM), which is an association of Jats coming from all over India. Because of these ruthless rules, the villagers keep the young boys and girls apart beforehand as a precaution, by having separate school timings for them. He sought help from the High Court that provided him with police protection to bring back his wife to his home. For all those who dare to raise their voice against the illegal and unethical practices of khap panchayats, these khaps lead to the social boycott of these people. A three-judge bench, headed by Chief Justice of India Dipak Misra, also comprising Justices AM Khanwilkar and DY Chandrachud, said, "the punitive measures to deal with such an unlawful assembly will be in force, until a legislation comes into force". ... For example, under the UP Panchayat Act of 1920, the principle function of the panchayat was to act as a petty court so that revenue could be collected by imposing fines as punishment (Galanter, 1989). A khap can be based on single caste and single gotra; or single caste and multiple gotras or multiple castes and multiple gotras. In Haryana, there are 20 cases of murder attributed to ‘honour killing’ registered from 2000 till date. Khaps have definitely cast their pall of terror in many parts of the state. The Supreme Court on Tuesday declared the Khap Panchayats "illegal" saying that no assembly can interfare in a marriage between two consenting adults. And finally, a group of Khaps forms a “Sarva Khap” that covers a full province or state. Dictated by land Author(s): Richard Mahapatra, down to earth Date: Nov 30, 2012. SC rules, ‘Interference of Khap Panchayat in Marriage of consenting adults is illegal’ (Read Judgment) Written by Legal Desire Posted on March 27, 2018 March 27, 2018 Less than 0 min read Saving Bookmark this article Bookmarked COMMENTARY Khap Panchayats, Sex Ratio of khap panchayats and their actions vis-à-vis self-choice marriages and mar- and Female Agency riages transgressing societal norms (most cogently by Prem Chowdhry, “Crisis of Masculinity in Haryana”, EPW, 3 December 2005), there are two very important aspects Ravinder Kaur of the phenomenon that have as yet not been highlighted. The norms of Kadiyan khap in 12 villages, which included Ravinder’s village as well, considered Kadiyan and Gehlawat to be of the same gotra and of the same family, and thus considered Ravinder and his wife to be related, as according to them they were brother and sister. ... “legal system”, by giving orders of execution of death sentences to no one other than to their own family members, which makes Even boys and men are made to forcefully marry against there will, so this is not limited to girls and women only. The bench told the Centre that it will not give its suggestion on the suggestion given by amicus curiae, assisting the court in the matter, and the court would contemplate passing an order based on the amicus' suggestion. Khap Panchayat is once again in news for wrong reasons. But if somebody takes law into his hands, he should be punished.”. Further, the Jats, who make up 25% of the Haryana’s population, are the State’s largest caste group, because of which Haryana has become the epicenter of the most horrible form in the rural villages, honour killings. Respect, OPINION | Batting Basics Forgotten At Adelaide, Indian Cricket Team Faces Test Of Character Down Under, AUS Vs IND: The Adelaide Collapse, A Woman Pakistani Journalist And Hyper-nationalism, Of Concussion Subs, Fairy Tale Comebacks And Dropped Babies, Differentiating Fantasy Sports From Betting And Gambling - The NITI Aayog Way, India Vs Australia: Win Restores Series Balance, But Virat Kohli & Co Need Change In Mindset. Both Ved pal and Sonia knew that they belonged to different gotras ( sub-castes ) and there was no inter-caste wedding between them as both belonged to the same caste, “Jat”. The four policemen that accompanied him ran away, as the mob hanged Ved Pal, in front of the villagers of Jind and the court official, thus leading to his death. The apex court had also 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. In April 2010, in Jharkhand, even a woman journalist was made subject to a ruthless murder in the name of honour. Families even feed their teenage girls with pesticides and the burn their bodies to get rid of them without even a hint to the police. The real motive of these khaps becomes clear. Even the police tend to ignore the khap verdicts, regarding the declarationof death for offenders, because of the strong power and influence that these have acquired on people in villages overtime. These panchayats are a part In 2013 at sarv- khap panchayat gathering at Kurukshetra it was decided that panchayats would now fight for legal status to legitimately maintain the social order. At times, they are even forced to leave the country and settle abroad. These are social institutions are not sanctioned under the law and have no legal status. Over time they lost their clout. A former police officer in Haryana, who was also a caste leader in the khaps, threatened the people who criticized the existence and functioning of khaps. Bhupinder Singh Hooda, Chief Minister, Haryana, who approves of the working of these panchayats as age-old institutions, which have been embedded in the social customs and cultural traditions of the rural india which forms the heritage of the country.For him, these khaps have evolved as an “alternate dispute redressal mechanism and have been traditionally found helpful in maintaining social cohesion.” He even opposes the fact that there is a connection between the increasing honour killings and the Khap System adding, “the assumption that there is always a nexus between the panchayats and the so-called ‘honour killing’ does not seem to be well founded. Noting that the Khap panchayats do not have any legal status, government told the Rajya Sabha that an advisory has been sent to the state governments. Khap Panchayats are extra-constitutional and do not fall in with the Gram Panchayat structure which is based on democratically conducted elections and finds constitutional support with the Constitution (73 rd Amendment) Act, 1996. Khap panchayats not legal: Hooda. After the judgment in the Manoj-Babli case, however, a congregation of caste panchayats representing the Jat neighbourhoods from Haryana, Uttar Pradesh and … In fact, the word ‘khap’ is most closely associated in the public mind with the phrase ‘honour killing’—brutal, cold-blooded murders of couples who seek to marry outside their caste, or within the gotra (clan), whose members are considered by the khaps to be consanguinous either by actual kinship or historically close ties. These cases have been most rampant in the state of Haryana, which is geographically a small state, but still comprises of people from different societies and cultures, which makes it heterogeneous. BKU president and chief of Baliyan khap panchayat Mr. Naresh Tikait had also supported the diktat of Asara Village Panchayat. The hard core reality of the khap can be seen in many of the forms which are being imposed on the people. In Khap Panchayats, the leadership is to be chosen on the parameters of social status, stature, age, gender, financial power etc. Even though the frequency of these honour killing is increasing at a rapidly multiplying rate, policians from Haryana refuse to go against the functioning of these courts arguing that these have been set up for the welfare of village common masses. There are ten to fifteen people constituting Khap panchayat, who control and make the decision of the lives of the young people. On July 14, Sonia, through her friends, sent a word to her husband that her family was harassing her physically and mentally, and that her life was in great threat. This court verdict left the panchayat leaders in shock, since they were reminded that their brutal killings were so not supported by the law of land, and that they were not above the Country’s Constitution. Sabha or Samiti, i.e., gathering or assembly are the forms of governing society in the village. Disclaimer: This essay has been written by a law student and not by our expert law writers. The cases of female feticide are recorded to be the maximum in the North Indian States of Haryana and Punjab. Since they ban the people to marry the partners of their own choice on the grounds of their “rules and traditions”, this deterrence of their right of own choice marriages actually connects to the rights that women exercise in land and other property of their parents in these areas. The khaps that have settled in these states have not even once gathered to discuss such grave issues as female foeticide or dowry or even honour killings- the problems of the State which actually need to be looked upon. The leaders who were elected were appointed at ‘Khap’ and ‘Sarva Khap’ level. Singwala, which was Sonia’s village, shared a boundary with village Mataur, which was Ved’s village. The Sarv-Khap (or all-Khap) Panchayats (Councils) have admittedly had a positive role to play in the times gone by. No khap, panchayat or society can question an adult man and woman who get married, the Supreme Court said today. Love marriage is prohibited by the khap and is considered as a taboo. They have been doing a good work and given some very good decisions. These leaders had the responsibility to maintain records of the decisions taken in the proceedings and possessed the authority to call an assembly. 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