Indore Institute of Law

(Affiliated to DAVV and BCI)

Topic – KHAP PANCHAYAT: THE UNCONSTITUTIONAL

Submitted To: Shweta Singh Ma’am

 In the rig vedic time we are able to find out one ancient concept that is KHAP panchayat. The
Khap Panchayat generally comes under the social political groups, and the members of the Khap
Panchayat are from the upper caste and from the elder people of Jaat community, which is based
on the geography of that area or the majority of the cast lived in that area.

 The members of the Khap Panchayat consolidate their power and position by covering a large
area like many villages, and set their own rules.

 Generally Khap Panchayat comes under the social institution but they have no legal status, that
is these institutions are not sanctioned and governed by the law.
 HISTORICAL PERSPECTIVE OF KHAP PANCHAYATS

 The origin of Khap Panchayats can be traced back to the Vedic period. It dates back to the period
when the migrating clans or their segments settled in a particular area after conquering nearby
villages. A cluster of such villages formed was called as a“Khap”.

 Khap Panchayats started to evolve as a Socio-political institution with an aim to maintain law
and order in the village. It assumed the role of a “Dispute Resolution Body” consisting of elderly
people who had the experiences and knowledge of life and people.

 They made sure that no person acts in defiance of the prevailing social norms in the village. If
required, they used to impose punishments on those who defied and disrespected these social
customs and norms. And thus, from upholding the societal customs and norms, they assumed the
role of ‘protectors’ of these customs and thus established a firm foothold in the village life.
KHAP PANCHAYATS AS THE CORNERSTONE OF RURAL SOCIAL STRUCTURE

 The present population of Khap Panchayats is found in the areas that have been historically
dominated by the Jat Community. These areas comprise of present day Haryana, eastern
Rajasthan, western Uttar Pradesh and some parts of Punjab.
 The Khap Panchayats exercises unrestricted and unchecked powers having no legal basis to it in
these areas.
 The Khap Panchayats which have existed since the earlier times has become an integral part of the
“Rural Social Architecture” in the modern times. These Khaps capitalizeon the four cornerstones
of rural life, that are, “aikyta (unity), izzat (honor), biradari (community)and bhaichara
(brotherhood).”
 CASES OF HONOUR KILLINGS BY KHAP PANCHAYATS

 Honour is the most cherished value in the Indian sub continental patriarchal families irrespective
of the caste, regional and religious identities. The concept of “Honor” is depicted in different
ways as it is regarded as a gendered notion with both women and men embodying the notions of
honor in completely different ways.
 In India, women are considered as the “Repository” of a family’s honour in the form of a
daughter, wife or mother while on the other hand it is the men who are the absolute authority to
regulate and protect it.
 Honour crimes mostly occur as a result of inter-caste marriage, inter-religious marriages,
marrying within the same gotra, premarital affairs, inter-class marriages, marriage against
parents’ wishes and so on. Most of the honour killings have been reported from the areas where
Khap Panchayats are more active.
 These panchayats follow a certain ‘code’ which is an unwritten law for them, through which
they save and defend their so called ‘honour’ and in the process of doing so also goes to the
extent of murdering people for the sake of this ‘honour’, with the sanction of their whole
community.

 Many a times, barbaric ways are adopted. For example, either ear or nose of the accused is
chopped off, hair is cut, or face is polished black. Sometimes the land of the accused is seized
and forcibly taken away from his possession, huge fines and penalties are imposed.

 Couples are forced to go for divorce without any cogent reasons and are sometimes remarried
against their wishes.
 There are many instances of honour killings which are said to be instigated by the decisions of
the Khap Panchayats. They are:-
 MEHRANA KILLING OF 1991
 This case was the first one to attract attention on the topic of Honor Killing in India. In this case,
a middle class Jat girl of the village named Roshni eloped with Jaatav (untouchablecaste) boy
named Vijendra. Thereafter, the village Khap Panchayat ordered to hang them with the tree and
burn them. In the morning the order of the so called ‘panchayat’ was executed and all of the three
(along with their friend who helped him escape) were burnt alive to death in front of the whole
village.
THE CASE OF SIVA KUMAR AND MEGALA, 2010

 The menace of honour killings under the pressure of Khap Panchayats has spread its tentacles all
over India. A 20 year girl Megala was told that she could not marry her lover, a 24 year old Siva
Kumar as they were related and so her family got their daughter married somewhere else in June,
2010 from where she eloped with herl over. The couple was finally traced by the family and
ShivaKumar was cruelly killed with sickles
 MANOJ-BABLI MURDER, 2007

 This case set up a precedent in the field of Honour Killing in India. In this case, the Khap
Panchayat’s decision was based on the assumption that since Manoj and Babli belonged to the
same gotra i.e. Banwala of Jat Community, they should be considered as siblings in spite of being
related directly and any union between them will be invalid.
 Despite that, the couple went ahead and married each other, following which they were abducted
and killed by Babli’s relatives.
 In March 2010, a Karnal district court sentenced the five perpetrators to be executed. It was the
first time an Indian court had done so much in an honour killing case.
 The Khap head who ordered but did not take part in the killings received a life sentence, and the
driver involved in the abduction a seven year prison term
 JUDICIAL INTERVENTION WITH RESPECT TO UNCONSTITUALITY TO
KHAP PANCHAYAT

 Looking at the atrocities committed by the Khap Panchayats since a long time, the Judiciary finally
stepped in and adjudicated the unconstitutionality of Khap Panchayats in its various judgements.
 With this regard the case of “Arumugam Serwai v. State of Tamil Nadu” is noteworthy. In this case the
Supreme Court declared that: We are of the opinion that this is wholly illegal and has to be ruthlessly
stamped out. There is nothing honorable in honour killing or other atrocities and, in fact, it is nothing but
barbaric and shameful murder.
 Moreover, in the case of “Bhagwan Das vs. State (Nct) of Delhi the Supreme Court opined that:

“All persons who are planning to perpetrate honour killings should know that the gallows await them”.
 CONCLUSION

 At the end, it can be said that it is the need of the hour that these Panchayats should be rooted out
through their base from the society because they are those evil elements which is destroying one
of the basic principle on which our Indian Democracy.

 Hence, it is really important that there is a change in the mentality of these people and for that
the government will have to take really careful steps to instill the thought of “Liberty” in the
minds of these people and making them aware that they shouldn’t let their and their family’s
fates fall in the hands of Khap Panchayats.
 SUGGESTIONS

 The Parliament should come up with a legislation to give legal recognition to these “Khap
Panchayats” so that they could be brought under the purview of Law and social order and
the offender could be punished accordingly.
 And any person convicted under that law should be completely debarred from contesting
any future elections.
 The mediation or conciliation courts should be set up in each administrative block to deal
with the cases of Honour Crimes.
 Amendment should be made in the Indian Penal Code to define the honour crimes and
their punishments accordingly.
Thank
You