When 2 adults get married, no one can interfere: CJI
NEW DELHI: The Supreme Court on Monday asked khap panchayats not to behave like the conscience keeper of society, pointing out that a marriage between two adults was governed by the law.
A bench headed by Chief Justice Dipak Misra said it would set up a high-level committee consisting of senior police officers to deal with issues relating to intervention in marriages by bodies such as khap panchayats.
“Whether the law prohibits or allows a particular marriage, the law will take its own course. Don’t be the conscience keeper (of society),” the bench, also comprising justices A M Khanwilkar and D Y Chandrachud, said.
The observation came when a counsel representing a khap panchayat said it had been encouraging inter-caste and interfaith marriages and referred to provisions of the Hindu Marriage Act which prohibit a union between ‘sapinda’ relationships or close blood relatives among Hindus.
The lawyer said the khap had been performing its duties as the conscience keeper of society.
“We are on a very fundamental issue. The marriage is between two adults and it is their choice. You cannot take the law into your own hands,” the bench said, adding that khaps had “no business” (in such matters).
The bench also referred to several judgements including the one passed in the sensational Nitish Katara murder case and said, “Two persons marry. They are adults. The matter ends.”
The bench made it clear that whether a marriage was null or void or illegal could be decided by the court under the law.
When activist Madhu Kishwar attempted to raise the issue of the recent killing in Delhi of Ankit Saxena, allegedly by his girlfriend’s family members, the court said the matter was not before it.
The bench has now fixed the PIL filed by NGO Shakti Vahini for a further hearing next Friday.
The apex court had earlier said attacks on those opting for intercaste marriages were “absolutely illegal” and no khap panchayats, individual or society could question any adult woman and man marrying of their own choice.
Khaps are caste or community groups, present largely in rural areas of north India, which at times act as quasi-judicial bodies and pronounce harsh punishments based on age-old customs.
The court had pulled up the Centre for not taking the matter seriously and not filing its suggestions on the issue, saying that such panchayats or bodies could threaten adult women and men seeking to get married.
The apex court had also sought suggestions from the petitioner, Shakti Vahini, the amicus curiae and khap panchayats on the issue.