This is written by Pratibha Seth, third year B.A.LL.B. Student of Mahatma Gandhi kashi Vidhyapith, Varanasi. This is the study of arbitrary decision of Khap Panchayat.
Khap Panchayats are traditional community organizations in India, primarily found in rural areas of North India, particularly in Haryana, Punjab, and Uttar Pradesh.
Definition: Khap Panchayats are informal councils of elders, typically from the same caste or community, who gather to discuss and make decisions affecting their community.
Some Cases Reported arbitrary decision of Khap Panchayat:
In 2007, when Manoj and Babli wanted to establish a new world by marrying in the Karora village of Kaithal, to fulfill their love, then the people of that village would not have even realized that Manoj and Babli like Shiri Farhad. Through this sad love story, this small village of Haryana will make headlines across the world. This modern Shiri Farhad, who was sacrificed for the sake of love, has not only got justice from the court of Karnal but has also been defeated by those khap panchayats who, in the name of custom and tradition, issue orders of death by arbitrarily keeping the law in their hands. But for the first time in the case of these killings done in the name of honor, the guilty have been punished.
In this honor killing case, the court of Karnal, while delivering a historic verdict, hanged 5 relatives (Brothers Satish and Suresh, Cousin Gurudev, Mama Baruram and Uncle Rajendra), the girl’s grandfather and a member of the Khap Panchayat, Gangaram. Has been given life imprisonment and taxi driver Mandeep has been given seven years imprisonment. The court has also ordered action against the police officers who were negligent in the matter. In this way, Manoj’s grieving mother, who is fighting for justice after the murder of her son and daughter-in-law, has definitely got some relief.
Manoj-Babli, a resident of village karora in Kaithal district of Haryana, had run away from home and got married on 18th May 2007, but as soon as the news of this marriage was received by Khap Panchayat (detailed information on what is Khap Panchayat) will be given separately in this issue. There was an earthquake in the whole village. The panchayat socially boycotted Manoj’s family by saying that Manoj and Babli belong to the same gotra, so they are brothers and sisters and their marriage cannot be accepted at any cost. Seeing the matter getting heated, this loving couple had also appealed to the High Court for protection after receiving death threats from the family members. Then the High Court had also provided him security. But Manoj and Babli’s love was born only to get a place on the pages of history. On June 15, he was kidnapped by his own family members and killed 10 days later. The bodies of both were found in a canal near Narnaund. Regrettably, even after the order of the court, the police did not give adequate protection to Manoj and Babli, but after the murder, the dead bodies of both of them were also cremated as unclaimed.
Today, when we make ourselves proud of being modern and educated, then why do Khap Panchayats dominate most of the villages of Haryana, Punjab and Western Uttar Pradesh, which are called the most prosperous of the country? And why are the villagers obliged to blindly follow the decision of this Panchayat? The saddest aspect is that in the last few years, the cases of violence and murder related to Khap Panchayats are coming to the fore in those states which are moving fast in the race for development.
The truth is that those who sit on the high seat of governance and administration are also part of this society, who are themselves caught in such stereotypes. Therefore, it is also necessary that in this department, the understanding of fulfilling its responsibilities should be developed and freed from the captivity of the people considered to be influential in the village or area. It is also true that most political parties keep silence when such gotra disputes come to the fore, as they fear losing their vote bank. It has often been seen in such cases that when the Khap Panchayats issue a decree against a loving couple and their families, the police-administration keeps silent by saying it is a domestic or family matter and instead of taking legal steps, in most of the cases, they He is in the throes of reconciliation.
Now that a tough decision has come to the fore, will the Khap Panchayats be afraid to take the law into their own hands? It does not seem so because according to the latest news, the Khap Panchayat has decided to honor the people convicted by the court in the Manoj Babli case, not only this, the Khap Panchayat considers everyone convicted as ideal for the society and they started the donation campaign. So that they can provide financial assistance to the families of the convicted persons with the money collected. The Khap has also passed a resolution that the government should amend the Hindu Code Bill and declare marriage of the same gotra as illegal. Along with all this, he has also announced that he will not vote for the political parties which are against the Khap.
It is also true that no orthodox tradition can be abolished only through law and police. The day the above verdict came in the murder case of Manoj and Babli, on the same day a loving couple was murdered in a similar case in Punjab. A week later, in Haryana itself, a 16-year-old girl was hanged by her elder brother for the crime of falling in love with a neighboring youth! Therefore, a change in the mindset of the society is necessary to uproot any such custom. For this it is imperative that social organizations and political parties come to the fore. Some social organizations are working in the country against these evils spread in the society, but it is a matter of regret that political parties do not do any such work in our country. We all accept this fact that just as a large section in Haryana, Uttar Pradesh and Rajasthan is suffering from gotra related customs, similarly many different types of evils are prevalent in other parts of the country, one such superstition is born.
Tonhi is a very barbaric and shameful practice which is prevalent in the tribal and rural areas of Chhattisgarh, Orissa and Jharkhand, due to which the helpless women are declared as Tonhi by the rascals and they are brutally murdered. One such cruel tradition is female feticide. The greatest effect of this extremely inhuman and shameful practice is seen in the most prosperous regions of the country like Punjab, Haryana and Delhi. Although there are rules and regulations against all these stereotypes, evils, but we all know how effective they are. Therefore, it is necessary that the programs of social reform should also be included prominently in their political agenda by the political parties.
Conclusion
In conclusion, Khap Panchayats are traditional community organizations in India that play a significant role in shaping social norms and values. While they have been instrumental in maintaining social harmony and cohesion, they have also faced criticism for perpetuating human rights violations, restricting individual freedoms, and enforcing rigid social norms.
To strike a balance between preserving traditional values and promoting social justice, it is essential to:
– Encourage inclusive and representative decision-making
– Ensure accountability and transparency
– Promote education and awareness about human rights and individual freedoms
– Foster dialogue between Khap Panchayats and formal legal systems
Ultimately, the evolution of Khap Panchayats will depend on their ability to adapt to changing social values and norms while maintaining their positive contributions to community life.
Thank You
