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Khap panchayats’ interference in marriages illegal: Supreme Court

In a landmark decision, the Supreme Court on Tuesday announced that any interference by the Khap panchayats to scuttle marriage…

Khap panchayats’ interference in marriages illegal: Supreme Court

Supreme Court of India (Photo: IANS/File)

In a landmark decision, the Supreme Court on Tuesday announced that any interference by the Khap panchayats to scuttle marriage between two consenting adults is illegal. The top court laid down guidelines to prevent such ‘intrusions’.

The bench of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud laid down remedial and preventive measures that would operate till a statutory framework to deal with such instances was put in place.

The bench said that the norms laid down by it would remain in force till a suitable legislation is enacted by the Parliament.

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The judgment came on a plea by NGO Shakti Vahini, urging the apex court to address the issue of bodies like Khap panchayats issuing diktats and interfering in marriages which do not fit into their scheme of things.

During the proceedings in the matter, the Centre too had told the top court that state governments must provide protection to couples fearing for their lives due to inter-caste or inter-faith marriages and that such couples should inform the marriage officers about any such threat so that they can be given protection.

In an indication that it would not recognise ‘khap panchayats’, the top court had also said that it would refer to them only as an assembly of persons or as a community group.

The apex court had earlier said incidents of attacks against those going for inter-caste or inter-faith marriages were “absolutely illegal” and no ‘khap panchayat, individual or the society could question any adult woman or man marrying to a person of his or her choice.

‘Khap’ panchayats 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. Several cases of women and men falling victim to ‘khap’ diktats have been reported over the years, particularly in states like Haryana, Uttar Pradesh and Rajasthan.

In 2007, a Haryana court had awarded death to five people and sentenced one person to life for killing a couple on the orders of a self-styled ‘khap panchayat’ for marrying against societal norms.

In April 2015, the khap of Notara Bhopat village had ordered a woman from Rajasthan to live with a man whose wife had eloped with her husband.

 

(With inputs from agencies)

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