Fri. Mar 29th, 2024
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The Supreme Court on 27th March declared the interference of Khap panchayats in the marriage of two consenting adults is illegal.  It also said that any assembly which interferes in such marriages is also illegal.

The plea was heard by a bench led by CJI Dipak Misra, AM Khanwilkar, and DY Chandrachud. The court also laid down rules that would prevent these interferences. These rules framed will function as long as a proper legislation isn’t passed by the Parliament.

The rules were passed on a plea made by the NGO Shakti Vahini, which moved the apex court in 2010 that sought the protection of couples in honour killings of such panchayats. ‘Khap panchayats’ are the community groups that are quasi-judicial bodies which mete out harsh punishments in the name of customs. They are particularly active in Haryana, Uttar Pradesh, and Rajasthan. The panchayats had previously told the court that they were giving nods to inter-caste and inter-faith marriages and were upholding the provisions of the Hindu Marriage Act that bans ‘sapinda’ relationships which allow blood relatives to marry among the Hindus.

They claimed that they were only doing their job as conscience keepers in society. The SC just last month admonished the Khap panchayats for bending the law and participating in honour-killings. The court directed the Centre to make provisions for the protection of these young couples as well. The court told the Khaps that they couldn’t be ‘self-appointed conscience keepers’ and it was the court which would decide if there were problems. The court will decide whether a marriage should be annulled or not the Khaps couldn’t take matters into their own hands. The 2010 petition finally came through. There have been a number of cases of women and couples falling prey to the Khaps and their violence. It has become a question of law and safety.

By Sahitya