Fri. Mar 29th, 2024
By Yogita (Wedding) [CC BY 3.0 (http://creativecommons.org/licenses/by/3.0)], via Wikimedia Commons

Getting married shouldn’t be so difficult for two people. But in India, there is a habit of people taking law into their own hands. The Supreme Court has now said that nobody should interfere, should two people want to get married. The bench led by CJI  Dipak Misra issued the verdict, that nobody could come between two consenting adults.

The Supreme Court bench especially told the Khap panchayats that they should not act as ‘conscience keepers’. Marriages will now be defined by law and not by traditions. This goes for marriages that inter-faith as well inter-community. The apex court asked who made the Khap panchayats the judge of who should marry whom?

“Who has appointed you as guardians of society or its conscience keeper? Do not assume that role…If a marriage is not permissible under law, there are courts to annul it. Khaps have no business determining the legality of a marriage”- the apex court asked.

Honour Killings

An argument was made by Narender Hooda who appeared in court on behalf of certain Khap panchayats. He said that in certain areas like Haryana where there is a depleting sex ratio, inter-caste and inter-faith marriages were being encouraged. The matter of inter-gotra marriages was also raised. the counsel argued that only 3% of the honour killings were due to inter-gotra marriages and the rest of the 97% was due to inter-faith marriages.

The Supreme Court also said that the government wasn’t being proactive when it comes to honour killings. Activists like Madhu Kishwar said that ‘honour killing’ is too delicate a word for what the couples are put through in the name of righteousness. The bench said that nobody, no third party could come in the way of a marriage. The law, they said would take its own course. If a third party does interfere it comes in the way of two people functioning their fundamental right, freedom of choice. A committee will be assigned the task of ensuring that no violence against couples take place. The committee will consist of high-level police officers.

The matter of marriage in a country so concerned about societal norms never ends. Marriage in India is more about the society than about choice, love and consent. Laws that make it easier for couples to get married and lead their lives are then most welcome. But that is just the start of change. It has been proved in the past that no matter what the law says what happens on the ground is completely different. It’s not only about putting laws in place, but it’s about implementing them.

By Sahitya