The Sarva Khap, representing 67 khap panchayats, said that amendments to the Hindu Marriage Act must be enacted to disallow same-gotra marriages and thereby reduce the number of honour killings.
“The main culprits for honour killings are not the representatives of khaps but the near and dear ones of the couples and more so the relatives of the girls when they cannot resist social pressure of the locality and taunts of relatives,” stated a written submission adduced before a Bench led by Justice Aftab Alam. The khaps said: “It is observed that such incidents happen only in the peace-loving and law-abiding people of the village and normally not in the mischievous families.” Love marriages, which the khaps described as “socially/ customarily/ traditionally prohibited relationships”, forced family members to carry out the killings to save family honour.
The Bench was hearing a PIL by NGO Shakti Vahini.
During the hearing, Additional Solicitor General Indira Jaisingh brought to the notice of the Bench a recent diktat by a khap panchayat in Uttar Pradesh prohibiting women from carrying mobile phones and defining a dress code for them.
Disapproving this, the Bench said: “Are such diktat also being passed? We expect you (senior police officers, who were summoned) to tell us everything. It also violates the law. How can someone ask others not to carry mobile? Does it not offend the law?”
When asked, police officers from UP and Haryana told the court that though khaps issued some socially retrograde resolutions, they were never directly involved in honour killings. They said that khaps played positive roles by passing resolution against female foeticide.
“It is indeed positive that they have acted against female foeticide but you should also tell us about the nature of their ostracisation orders and how they discourage others in interacting with couples who have love marriages. In last two years, have they done anything against the law? Don’t defend them but tell us the real picture. Killing could be the ultimate thing but you should tell us the kind of diktat they pass,” the Bench said.
Questioning if they were running “parallel courts,” the Bench asked khap panchayats to file affidavits by February 25. The matter will be heard finally on March 5.
Khaps represent one of the many societal ills of our country. The Haryana Govt. don't have guts to act against this social set-up because it constitutes a large chunk of it's vote-banks. The need of the hour is complete separation of the Police and the Judiciary mechanism from the Governing infra-structure. The Police and the Judiciary system should be answerable to Lok-yukta/Lok-PAl and not this political clout. Secondly, we forget that for last the 6 decades the Police force has been purposely neglected and that has led to its pathetic status. What kind of quality of life do they enjoy from their meager salary??? That itself leads to opening the doors of sources of illegitimate income. There has to be a minimum wage level At the same time, the concerned society where such problems exist are also to be blamed for their medieaval mind-set. Nevertheless, if we have decided to stay together in this country then there has to be an uniform code of conduct and law for every citizen!!!!
HONOR KILLING IS NOT DUE TO SOCIAL PRESSURE AS CLAIMED BUT PRESSURE OF SUPERIORITY OF GENDER BIAS? CAN THEY IMAGINE FOR A SECOND IF WOMEN WERE PHYSICALLY TWICE THE STRONGER THAN MEN? WHICH WAY THEY SHOULD HAVE BEHAVED IN THAT CASE? PERHAPS NOT BETTER THAN RATS OR WORMS? WAKE UP KHAPS!!
These feudal Khaps seem to have misinterpreted the meanings of "peace loving", "law abiding", "near and dear ones" and "mischievous families", to list a few. Will someone please tell them that they use these terms for the exact opposite of what these actually mean! Groan!
Dear Justices, please consider the Khaps reasons, they could be right is assessment and their analysis of the situation if on real grounds, they are a more social than the court. why do honour killings happen?- court can not do anthing in this regard - but only act once it happens. why do rapes happen or why no of rapes are high nowadays? more so in Urban areas? Khaps may have some analyzation where as court does not. Court can not set set social rules they can act only when it is breached. Khaps are not doing the honour killing it always the Fathers/mother/brothers or relatives. Khaps want to avoid this, so they have set some rules-what they think my act. But courts can not even set such rules - WHICH MAY WORK. It is definitely the TV shows/provocative dressings/Social behavior of girls which are the basic reasons which instigate the Rapist's mind. Please consider the KHAPS role and authority in this light.
ohh please how can you justify the rape of a 3 yr old or a 51 yr old woman?????? how can the "social behaviour " of a 3 yr old girl instigate a man..... rapes are not on rise, instead ppl are reporting them more... how can u justify honour killing... so ur honour will come bac u\if u kill ur daughter who has decided to marry according to her wishes... y do u jst want to control every aspect of a girl's life ... be it education, be it wering clothes, be it working out, be it the marriage... y do u ppl need to cntrl every aspect of my life...