Illegal for khaps to stop marriages: SC
NEW DELHI: The SC on Tuesday ruled it was illegal for so-called khap panchayats, or assemblies of village elders, to interfere in marriage between two consenting adults, and to summon and punish them, as it laid down preventive, remedial and punitive measures to stop honour killings.
Right of an adult to choose his or her life partner is above “class honour,” a three-judge bench headed d by chief justice Dipak Misra said. It ordered the guidelines – to check unlawful interference in the lives of inter-faith and inter-caste couples by khap panchayats — will remain in force until a suitable legislation is put in place.
Khaps are community groups in northern parts of India that act as quasi-judicial bodies and have a say on issues, including marriage, dowry and education of children, based on traditional customs.
Khap panchayats have in the past handed down harsh punishments to couples for same-gotra (sub-caste) marriages, and even marriages between a man and a woman belonging to the same village. The initial reaction of khaps in western UP to the court ruling was one of defiance.
Khap panchayats should not take the law into their hands and cannot assume the character of a law implementing agency for that authority has not been conferred upon them under any law, the court said.
The law has to be enforced by the agencies that have been vested with the right to do so.
“Honour killing guillotines individual liberty, freedom of choice and one’s own perception of choice,” held the bench. The right to choose a partner is part of the fundamental rights under Articles 19 and 21 (free speech and life and liberty). And a constitutional right needs to be protected and cannot succumb to the conception of “class honour” or group thinking conceived on an illegal notion.
The court’s judgement came on petition filed by non-government organisation (NGO) Shakti VAhini in 2010. The petitioner had sought directions to states and the Centre to put in place a plan to curb honour killings. As many as 288 cases of honour killing were reported between 2014 and 2016. According to the National Crime Records Bureau (NCRB), 28 honour killing cases were reported in 2014, 192 in 2015 and 68 in the year 2016.
Giving six weeks to states to comply with its directions, the SC directed that the trial in all cases of honour killing, including the ones pending, should be speeded up and completed in six months from the date of taking cognizance of the chargesheet filed. Only designated courts must hear instances of honour killings, the court said. SC’s verdict is based on suggestions given to it by senior advocate Raju Ramachandra, who had assisted the bench in the case.