'Khap' panchayats are caste or community groups, present largely in rural areas, which at times act as quasijudicial bodies, lay down social norms and pronounce punishments based on age old customs.

Why Khap panchayats flourishes in India?

While the role and prestige of these groups are shrinking in some ways, as younger generations become exposed to more modern ideas through urbanization and the media, they often have staunch supporters.

• Firstly, those who support Khaps say that such institutions are part of traditions and culture.
• The belief that caste system is a static rigid feature of Hindu society and it cannot change, gives strength to the system of Khap panchayats in our society.
• In certain parts of India, there is a strong kinship feeling among various clans. This provides strength to the Khap panchayats.
• The weakness of Panchayati Raj institutions is also responsible for the continued strength of the Khaps.
• Political parties do not want to ban Khap panchayats because these caste groups command large vote banks.
• The witnesses are reluctant to come forward and there is political pressure on the police to go slow or botch up the cases against Khaps.

Honour killings are murder committed by family members and the people belonging to the concerned caste/class, who believe that the victims have brought shame and dishonor to their family name.

Supreme Court Guidelines to prevent honor killing-

1. Governments should identify districts, subdivisions and/or villages where instances of honor killing or assembly of Khap panchayats have been reported in the recent past.
2. Home department of the states shall issue directives or advisories to the superintendents of police and other police officers to be extra cautious if any instance of intercaste or interreligious marriage within their jurisdiction comes to their notice.
3. Police shall inform Khap panchayats that convening of such meeting or gathering is illegal.
4. Khaps will be personally criminally liable if any harm is caused or decision is taken harm the couple or their family members.
5. Police will invoke various provisions of law, including prohibitory orders under section 144 of the Code of Criminal Procedure and also by causing the arrest of the participants in the assembly under Section 151 CrPC to prevent meetings of Khap panchayats.
6. As a remedial measure, the police shall provide protection to couples facing threats and, if they so desire, facilitate their marriage and its registration.
7. The government shall establish safe houses to shelter such couples and these safe houses shall be under the supervision of the district magistrate or the superintendent of police.

Importance of the judgment-

• The Supreme Court’s order may push state governments to take measures to deter Khaps from pronouncing arbitrary sentences.
• The judgment will impress upon Khap panchayats that they will face the full force of the law if they overstep the legal boundaries.
• The judgment provides protection from hate crimes (honor killings) for intercaste and interfaith marriages.
• Indian constitution provides not only the right to life but also the right to a dignified life. The right to choose one’s life partner is integral to the dignity of life.
• The judgment reiterates this, by holding that ‘if a marriage is legal, no individual or body of individuals has any right to interfere’.
• The guidelines are a benchmark in upholding the constitutional values of our country.

Should the Khap panchayats be banned?

• Khaps are not created under any legal provision in the Indian constitution. They are a congregation of individuals, under the age old custom.
• Khap members have a fundamental right to free speech and free association, just as other Indian citizens do.
• But, assembling peacefully and taking law and order in their hands are two separate things. If they perform a criminal act, they are also liable for punishment under the Indian Penal Code.
• If Khaps make comments that are inflammatory or they issue diktats, legal action should be taken.
• In the olden days, in the absence of judiciary these groups often acted as arbitrators, but with the modern day legal system, we don’t need them. Legislation could be introduced to ban the illegal measures of these institutions. But nothing has been done yet because such a step may have political fallout.

Law commission recommendations-

The Law Commission in 2012 prepared a draft bill to prohibit interference in marriage alliances.

• Key provisions in the draft bill say such informal groups would be treated as an ‘unlawful assembly’.
• The decisions taken by such assemblies that amount to harassment social boycott, discrimination or incitement to violence should be punishable by a minimum sentence

Way forward-

• The Supreme Court judgment will not stop attacks on couples altogether.
• To stop such attacks, the customs and patriarchal mindsets that view women as property have to change. This will not happen unless families change their own belief systems, and boys and young men are taught to respect women.
• Until then, India needs a strong law that will afford protection to self choice partnerships and punish those who in the name of honor and tradition seek to obliterate that right.