SC’S rap to khaps: ‘You are no one to question marriages’

Don’t be the consciencekeepers of society, top court tells khap lawyer; next hearing on Feb 16

NEWDELHI: The Supreme Court on Monday told khap panchayats not to become “self appointed conscience keepers of society”, and asked them again to desist from interfering in the marriage of two consenting adults.

The observation was made by a bench headed by Chief Justice of India Dipak Misra, which is hearing a plea seeking a ban on the informal clan courts, and also guidelines to stop so-called “honour killings” where families kill their own kin or their lovers/partners in an attempt to stop inter-class, inter-caste, and inter-religion marriages.

“We can’t say which marriage is null or void, which marriage is good or bad... just stay out of it,” Misra said. “Two persons marry...they are adults...you are no one to interfere in it.”

Defending the diktats of khap panchayats from Haryana , their advocate submitted to court that: “They were not against inter-caste or inter-religious alliances but only opposed same gotra marriages because they were the conscience keepers (of society).” A gotra isa patriline feature and some castes believe a man and woman who share one are brother and sister.

Khaps, which hold sway in many parts of rural North India, have been responsible for the honour killing of newly-weds Manoj and Babli by the latter’s family in Haryana in 2007 and, in 2015, for the rape of two Dalit women as “justice” after their brother eloped with a Jat woman.

Retorting to the argument, Misra said, “Don’t be the conscience-keepers.

Tradition, gotra or sapinda — we are not concerned, if something is illegal, law and courts will take care not Khaps,” he said. Sapinda refers to marriage between cousins.

Misra said, “We are considering appointing a committee of high level police officers to devise ways and means to protect couples married inter-caste, inter-faith, and keep them safe.”

NGO Shakti Vahini in 2010 filed a petition seeking directions to Centre and state governments for preventing honour crimes.

Senior counsel Raju Ramachandran, assisting the court in the matter, said in a report that khap panchayats are influential and the SC should take steps to control them.

This was the second time in less than a month that the top court has come down hard on khaps. On January 16, it said attacks on those opting for inter-caste marriages were “absolutely illegal” and that khap panchayats could not threaten adults for marrying. “If an adult man and woman marry, no khap, panchayat, or society can question them,” the bench had then said.

The case will now be heard on February 16.

We can’t say which marriage is null or void, which marriage is good or bad... just stay out of it ... Two persons marry... you are no one to interfere in it.

JUSTICE DIPAK MISRA, CJI