Khap attacks on couples illegal: SC
COURT RULING The apex court also warned the Centre that it will step in if the government didn’t ban illegal activities of khap panchayats
NEW DELHI: The Supreme Court on Tuesday warned it would step in if the government didn’t bring a law to ban illegal activities of khap panchayats, saying no one had the right to question an adult’s choice of a marriage partner.
Attacks on those opting for inter-caste marriage were “absolutely illegal” and khap panchayats cannot threaten adult women and men for marrying each other, the court said.
“If they are not bringing a law, we will develop the concept and see to that these types of illegal activities are not carried out,” a bench led by Chief Justice of India Dipak Misra said, pulling up the government for not responding to an eight-year-old petition seeking a ban on khap panchayats.
Khaps are caste or community groups that wield considerable influence in rural areas of north India. They are known to hold kangroo courts that dissolve marriages, dictate dress code, mostly to women, ban cellphones and even force rape victims into marrying rapists. Their opposition to marriages on the basis of caste or religion has also led to murders.
When the bench took up the matter, a khap leader present in the court said it was incorrect to term the village body illegal.
Khaps were changing and should be heard before passing an order, he said. “What we are concerned is about the rights of an adult girl or boy. They can get involved in a marriage. No panchayat, individual, society, or parents can question it,” the court said
When the khap leader said panchayats were playing a crucial role to usher in change, the CJI said: “The changes don’t take in a regressive manner.”
Senior counsel Raju Ramachandran, who is assisting the court in the matter, has already submitted a report. Khap panchayats were influential and the court should take steps to control them, he has said.
In a list of suggestions, he has said state governments should identify districts, sub-divisions and /or villages that have reported instances of so-called honour killing or khap panchayats assemblies.
A superintendent of police must at regular intervals issue directives to the officer in-charge of police stations to be extra cautious if any instance of inter-caste or inter-religious marriage comes to notice.
A local police station should immediately inform the district police chief on getting to know about a khap gathering, Ramachandran has said.
The court told additional solicitor general Pinky Anand, who represented the Centre, that if the government would not come out with its suggestions then the court would pass an order on those given by Ramachandran.
Anand sought three weeks to respond to the suggestions that was granted by the court, which will now hear the case on February 5. A non-government organisation, Shakti Vahini, filed a public interest litigation (PIL) in 2010 demanding a ban on khap panchayats. Khaps were against inter-caste and intra-caste, as a result several people had been killed in the name of honour, the PIL said.