Khaps can’t ban marriages, says SC

In a move that will bring major relief to inter-faith or inter-caste couples who often face threat to their lives due to their relationship, the Supreme Court on Tuesday banned any interference by illegal assemblies such as ‘khap panchayats’ of north India into their marriages, terming the intrusions “absolutely illegal”.

A bench of Chief Justice Dipak Misra and justices AM Khanwilkar and DY Chandrachud also laid down guidelines to prevent such interferences and said the norms laid down by it would remain in force till Parliament enacts a suitable legislation.

The ruling came on a plea by NGO Shakti Vahini, which had moved the apex court in 2010 seeking protection for couples from honour killings.

While reserving its verdict earlier this moth, the court had observed that when two consenting adults get married, irrespective of their background, no relative or third person can interfere or threaten or unleash violence against them.

During the proceedings, the Centre too had told the top court that state governments must provide protection to couples who fear for their lives after inter-caste or inter-faith marriages, and that such couples should inform the marriage officer about any such threat so that they can be protected.

In an indication that it would not even recognise ‘khap panchayats’, the top court had also said it would refer to these only as an assembly of persons or as a community group. It had invited ‘khap panchayats’ to hear their views before issuing its order.

‘Khap’ panchayats are caste or community groups, present largely in rural areas of north India which at times act as quasijudicial bodies and pronounce harsh punishments based on age-old customs.

The top court had also said that as a pilot project, it would examine the situation in three districts of Haryana and Uttar Pradesh where khaps are active.

Heads of khaps expressed opposition to the Supreme Court order, saying they cannot allow marriages within same gotras or villages. “We can’t accept marriages in same ‘gotra’ or village as it is a centuries-old tradition started by our forefathers,” secretary of Sarv Khap Panchayat Subhash Baliyan said. “We will hold a panchayat to discuss the issue find out a way to deal with the situation.”

NEW DELHI: KHAPS EXPRESSED OPPOSITION TO THE SC ORDER, SAYING THEY ‘CANNOT ALLOW’ MARRIAGES WITHIN SAME GOTRAS