SC questions khap diktats

New Delhi, Jan 14: The Supreme Court on Monday questioned “khap panchayats” ’(village councils of male elders), active in Haryana and some parts of Uttar Pradesh, for issuing diktats prescribing a particular dress code for women and prohibiting them from using mobile phones.

A bench of Justices Aftab Alam and Ranjana Prakash Desai said the orders issued by the panchayats were unlawful and violated the fundamental right to life. The khaps have been blamed for carrying out honour killings of young men and women entering into same clan or inter-caste marriages.

Appearing before the court, the “Sarva Khap Panchayat” claimed that such acts were committed by peace-loving and law abiding families of the couples only after they fail to resist social pressure and taunts of the relatives. “The main culprits of honour killings are not the representatives of the khaps but the near and dear ones of the affected couples, and more so the relatives of the girls,” they contended.

The Sarva Khap Panchayat representing 67 khaps submitted that amendments to the Hindu Marriage Act must be brought to disallow same-gotra marriages, which would reduce honour killings.

They also claimed that they were not against inter-caste marriages. Senior police officers from Uttar Pradesh and Haryana, who also appeared before the court, submitted that although Khaps issued some socially retrograde resolutions, they were never directly involved in honour killings.

Female foeticide

Additional Director-Generals of Police (Law and Order) of Haryana and Uttar Pradesh said khaps also played positive roles at times like passing resolution against foeticide.

“It is, indeed, positive that they have acted against female foeticide but you should also tell us about the nature of their ostracising orders and how they discourage others from interacting with couples who have love marriages. In the last two years, have they done anything against the law? Don’t defend them but tell us the real picture,” the court said.

The court has asked all the khaps to file their comprehensive affidavits by February 25 and posted the matter for final hearing for March 5.