The number of cases in which the totally unconstitutional caste panchayats have openly defied the law of the land by issuing illegal diktats has increased manifold.
In Haryana today, rapid capitalist transformation is accompanied by a regressive feudal consciousness. As education and political awareness spread among Dalits, women and backward sections, alongside there is a massive consolidation of caste (khap) panchayats in defence of the status quo. The number of cases in which the totally unconstitutional caste panchayats have openly defied the law of the land by issuing illegal diktats has increased manifold. Attacks on young couples, Dalits and progressive-minded people have become frequent.
A recent landmark judgment by the Additional Sessions Court at Karnal in the Manoj-Babli “honour” killing case, in which five accused were given the death sentence, sent shock waves among caste panchayat leaders, as it reminded them that they were not above the Constitution. The court took serious note of the fact that the policemen deployed for the security of Manoj and Babli actually facilitated the accused in perpetrating the crime.
Though geographically small, Haryana is socially and culturally heterogeneous. For example, in some areas and among certain castes, marriages within the village and even intra-gotra marriages are not uncommon. At the same time, such marriages are treated as incest in certain other areas, and among other castes. Even the caste or khap panchayat is not a feature prevalent throughout the State, as many believe, but is confined to a particular region. Thus, a section of people of one particular caste proclaims itself as the cultural representative of Haryana, refusing to acknowledge the customs and traditions practised by others in their own neighbourhood.
A look at the demography of the State and its development statistics would help to contextualise the problem. The State that stood second in per capita income in the country has one of the lowest sex ratios (821 in the 0-6 age group). Female foeticide is rampant, and the situation is so bad that wives are being brought from far off States. Not once have these panchayats called a maha-panchayat to pass a resolution against female foeticide or dowry or even in connection with the crisis in agriculture — problems staring the people of Haryana in the face.
After the judgment in the Manoj-Babli case, however, a congregation of caste panchayats representing the Jat neighbourhoods from Haryana, Uttar Pradesh and Rajasthan was called at Kurukshetra on April 13. It was decided that panchayats would now fight for legal status to legitimately maintain the “social order.” One of the main agendas of this sarv-khap panchayat was to push for amendments to the Hindu Marriage Act, 1955 that would ban marriages within the same gotra (clan within which men and women are considered siblings and hence cannot marry). Under this Act, marriages between certain lineages from the paternal and maternal sides are already barred.
Most of the khap panchayat diktats are against couples who are not from the same gotra. In fact, not more than one case of honour killing has been of a couple within the same gotra. By creating the false impression that all marriages of choice between young couples are incestuous, what the khaps are actually opposing is the right to choose a marriage partner. Among the several instances of khaps issuing fatwas in Jaundhi, Asanda, Dharana, Singhwal, Hadaudi, Maham-kheri, Ludana and other villages, not a single one was an intra-gotra marriage, yet the married couples were declared siblings, and families made to suffer boycotts and excommunication from their villages.
A sad example of the gotra row is that of Ved Pal Moan, brutally beaten to death last year when he tried to secure his wife who was confined by her parents at Singhwal village in Jind district. He was escorted by a police party and a warrant officer of the High Court. Ved Pal had married neither within his gotra nor within the same village. In this case, another absurd code was invoked by the khap: that the couple violated the custom of not marrying in the neighbouring village as it forms part of bhaichara (brotherhood). A khap congregation held in March 2009 publicly pronounced the death sentence for Ved Pal, and it succeeded in executing it in June. As couples are selectively targeted, it is clear the real motive is to control women's sexuality to ensure that property remains within the patriarchal caste domain (mainly Jats in Haryana).
The sarv khap panchayat also called for social boycott of individuals who raised their voice against the caste panchayats. A former police chief of Haryana, himself a self-styled caste leader, went on record threatening khap-critics. How can a former DGP publicly threaten law-abiding citizens, and yet continue to enjoy the hefty perks and pension out of the public exchequer?
The caste panchayat leaders have decided to stifle any voice of assertion from the backward sections. On April 21 more than 20 houses of Dalits were burnt down at Mirchpur village, in the presence of a police force, allegedly by thugs belonging to a dominant caste, resulting in the death of an 18-year-old handicapped girl and her ailing father. A panchayat of khaps convened at Mirchpur three days after the carnage not only declared all arrested persons innocent but also issued an ultimatum to the government for their release! This was exactly the pattern adopted by caste panchayats in the Gohana (2005) and Duleena (2002) incidents, where brutal attacks on Dalits took place.
Even elders from socially and economically weaker families are not spared. At Khedi Meham in December 2009, the father of a newly wed groom was forced to hold a shoe in his mouth in front of the whole village by the panchayatis. Ordinary citizens are caught in the contradiction between two sets of values — the blind consumerism of the neo-liberal dispensation, and the outdated feudal values represented by the khaps. The first is no replacement for the second, and indeed, pseudo-modernism only strengthens the forces of revivalism. The alternative to both types of distortions lies in the spread of healthy and progressive values that can be unleashed through only a new social reform movement in the entire Hindi belt.
Limited but crucial role
The judiciary does have a crucial role to play but has its limitations too. On June 23, 2008 Justice K.S. Ahluwalia of the Punjab and Haryana High Court made a revealing observation while simultaneously hearing 10 cases pertaining to marriages between young couples aged 18 - 21: “The High Court is flooded with petitions where … judges of this Court have to answer for the right of life and liberty to married couples. The State is a mute spectator. When shall the State awake from its slumber [and] for how long can Courts provide solace and balm by disposing of such cases?” A legislature with little political will and a pliant executive will have to be made responsive under pressure of a mass movement.
The voices of dissent are also getting consolidated under the umbrella of organisations like the AIDWA and other democratic forces. The younger generation must stand forth as responsible social activists and lead the struggle for change in an otherwise feudal society that lives by the dictum “Jiski lathi uski bhains” (the powerful call the shots). In Haryana each passing day is costing the lives of innocent women and men.
(The author is Director, Women's Study Centre, Maharishi Dayanand University, Rohtak, and State President of AIDWA, Haryana.)
Keywords: khap panchayat, Jagmati Sangwan, Dalits, women, backward sections, maha panchayat
An excellent article. Honor killing is not confined to a few north Indian states, but it is happening all over India. Even now i am bold enough to say that 90%of marriages are conducted against the wish and will of the concerned youths. A Indian marriage is not union of hearts but display of power and prejudice of the family elders. The so called religious leaders like Shankaracharya, etc must raise their voice against these honor killings, unfortunately they are keeping quite, thereby granting religious approval to these killings.
Khap Panchyat is a completely illegal entity engaged in all criminal activities like superimposing their beliefs on youths, honour killing, prentending that they are trying to save baby girls and women rights. And height of stupidity is that they even appealed for change in Hindu Marrriage Act. How can they even think about that. People running khap panchyats are majorly elder guys and few youth who do not have their own stand and believe to follow the crowd. Even if there is a scientific reason for not marrying the same gotra then who gives these stupid people right to rule others life and decisions and kill them and feel proud after killings. Only for the sake of having power and name in the society khap panchayats is playing with the lives of so may people. And reason behind their power is innocent people are agreeing with what they are saying and simply supporting them. One thing that can be done about it is 1. PLease give some work to the retired and good for nothing elders of Khap panchayats who are ruining the lives of so many people only for the sake of their timepass and they are simply attention at the cost of others lives. I am also JAT and i strongly oppose each and every act, each and every decision of khap panchayats. And people supporting khaps, Haryana police supporting these khap are equally responsible and are equally criminals as khaps are.
We are Indian. But grdually we are changing through western culture. Indian not only government but the pepole except Jat community are arguing that the boycott is necessary for khap panchayat.Saying that those are doing these kind of activities or encouraging they should get rough punishment.
All we are talking about boycott of khap panchayat but we are forgetting our tradition from which we came.Now in contemporary time we are only taking about globalization,which is the result of colonialsm.Britishers came India and changed our life cycle.Now we are following the things of which are given by others,not came from our tradition.
Whatever these so-called pepole of developed countries told/tell us we follow that not think about our tradition.While these developed pepole following their tradition we are not arguing
No system is perfect; even khap is not perfect and their belief that humans from same lineages should not marry is scientifically sound.
I say it with all the curtesy & enough insight/ ground knowledge that Jagmati is over hyping the issue. Since she claims to heading some women centre I would be glad if some research paper on women issues in Haryana to substantiate her views could be made availble for the perusal of the reader.
A well articulated and objective piece highlighting the hard core reality of khaps. It is absolutely non-sense to provoke killings of innocent youths in the name of preserving ancient tradition and culture. Moreover they must realize that it is never continuity of past practices whether right or wrong as deemed today but always continuity and change that reflects the actual cultural ethos of a society. It is simply barbaric, dominating, oppressive and politics. Khaps need to be overthrown.The author deserves applause for such a wonderful article.
Seldom things happen under such a public glare without the explicit/implicit consent of the local population. That to me is the more worrying aspect of honour killings. Controlling a group of men who dish out the verdicts is the easy part, changing the mind-set of the local population which actually believes and condones such acts would be the real challange.
so many thins has been discussed over his matter.Now lets join he hand to solve the practical solution of it.we must respect our culture first.
Our Constitution is the supreme law of the land. And the SC is its guardian. I support the judgment of the Additional Session court in Manoj-Babli case. First thing I will say that we shouldn't say it honour killing. The decisions of the Khap Panchayats are against the article 21(right to life) and article 14(right to equality).
There are so many unwanted things in our culture which we can't tolerate and which are against the law of humanity. Mahatma Gandhi once said "There is no law above the law of humnaity". Sati Pratha was also in our culture but was against the humanity. By removing the bad things from our culture is not that we are forgetting our culture but by doing this we are giving our culture more value.
Also, in the declaration of the human rights in the UN it is clearly mentioned that we all the human beings have the right to live with respect and dignity.
Lets us join together to make our culture more valuable and acceptable on the ground of the humanity by removing such inhuman rules.
The state needs to uphold the constitution and the law .
Normally such elements become strong when backed politically .Sonia Gandhi and Manmohan Singh needs to push Haryana congress and the cheif minister to wind up the Khap Panchayats and the job wiill be done .Of course the opposition parties will gain political milage but that is politics .It is difficult considering the limitations of vote based politicians to become instrument of radical political change .Hence lot of onus lies on social organisations,a commited beureacracy and police and media to play a role because they donot have to fight elections .
These honour killings are really barbaric and those pepole also require the harsh action. The offence of those people was that they did true love in today's artificial world and they got their 'rewards'. Today khap panchyats are demanding to amend Hindu Marriage Act to avoid the marriages b/w same gotra (clan).
Such an article from the heartland of Jat and that too from a woman indicate that people are not favoring the system but the ego of our elderly people and the politicians are strengthening the out dated system .Though medically and genetically the ritual play a good role for the survival of the fittest,but passing the unconstitutional dictates are more harmful.The Khaps should pass the dictates against the evils that are so rampant in our society.
The young friends should come forward against such illegal and unconstitutional dictates of the Khaps.
This article is an eye opener. Stern action should be taken against these kind of khap panchayats. They are getting away from brutal murders. Politicians are busy trying to protect their vote banks. Appalling state of affairs! Equally appalling are some of the comments above justifying them!!
Excellent article! The author has presented the objective views and has been cautious about embodiment of the social values knitted with the Still persistent feudalistic fanaticism. The country requires a stupendous movement which can behold this carnage. A juggernaut, especially from the youth, which crushes all the fanatics whosoever is ,even unconsciously, guiding the country back to abyss. Something has to be done by the Central Government, they can't just sit back and watch, the orthodoxes creating this havoc.
Government is more contented, sighting its strong position in the parliament, and making policies which only helps in deceiving the junta.
Once again "well versed article" by Mr. Sangwan.
Dear Sir
These marriages are within the same lineages/person with sir names. This should not be confused with word 'Gotra' (12 gotras on the names of rishis). Inter-sir name marriage is totally unacceptable in all parts of India (except for the cases when the gotras are different).
In haryana due to skew sex-ratio, people are bringing girls from different states and trying to find a bride in the same village. And if we trace the history of a village, initally there were only one or two families in the village. so marrying within the same village (which has all people with same sir name) is like marrying your sister.
This clearly highlights, how myopic our print media has been in the presenting the problem.This problem has been faced by the various communities in India like Parsees. The Khap panchyat should look for a practical solution to this problem within the legal and constitutional framework. Instead of resorting to violent means the should banish the couples or ask them to leave the area.
Politicizing this issue is not going to solve the problem, key lies in finding a peaceful solution.
It would be absolutely wrong if we look at Afghanistan and Pakistan in search of Taliban-style fundementalist forces. A far more vicious and infectitious pattern lies just right in our backward. Orthodox thinking, dreaded consequences and dealier political patronage are ever-weaving a complex cobweb of socio-economic deprivation which only aims to suppress the voices of descent. Thanks to Jagmati Sangwan for aptly unveiling the real motives behind so-called honour killings in India' hinterland.
We can't justify Mirchpur incident. But the author should also put one liner here that the spat was started by So Called Dalits by beating up a person from the village and his relative (of Diminant Jats community).
Also the Dalits of Gohana were those who have strangeled one Guy from Garhwal village openly on fawwara chowk. The Garhwal guy was killed by broking his neck at around 1 Noon. Also one Girl from Kathura village was gang raped by them. The so called Dalits of Gohana were/are involved in most of the criminal cases in Gohana city. Ladies were living in fear because of them. Their houses were the main addas of Smack, Ganja and other nasha items.
The Panchayats have had given memorandums to Prashashan and Dalit panchayats many a times before that incident of gohana.
We as an author should put clear picture so that the readers can evaluate the situation. Looking at your words nobody will come to know that the Dalits in both the cases initiated the issues. Though we cant justify the Burning houses still Dalits of these two incidents were not sacred. But they are the ones who were at the wrong side initially.
Like the Article 498 against dowry is misued these days by family of girl, similarly politicians and Dalits are exploiting SC/ST act in their favour. You can go and investigate that in Mirchpur case there are many who are wrongly put behind bars due to this act. Whom so ever is named by Dalits are behind bars without any investigation. Is this right?
Few years later some judge will utter similar statement as to article 498. "HMA has broken more marriages than saving".
Authors must be impartial while writing. Also One should write that the concerned author belongs to Communist party and they need such cases to be in news.
its really sad that the above mentioned facts did come to reality. women are treated as the worst section of the society. something needs to be done to uplift their status. its really shameful.
This article touches upon an horrendous evil, and should make for compulsory reading by all Indian Politicians. What is the Panchayat Minister, Women/Child welfare minister doing?
Where are the Medha Patkars and Arundhati Roys and Brinda Karats and other self styled women activists? Let everybody join hands and remove this evil.
How can this continue to happen in today's India?
The article made my heart heavy and gloomy. I can't believe these things happen in our country in this age. To choose the life partner is our fundamental right. Other people or government should not have any role other than supporting them.Society as a whole can only go forward if women are independent, respected and have a healthy role to play. Till the time people change, law of the land must protect young people who makes choice of their own. I understand in China one cannot get married within the relatives circle and in western world parents do not interfere in this matter. But I do hope things will change as we progress.
No one can deny that there have been honor-killings in regions mentioned by the author but it is surprising how author absolve the parents and family of such couple and shift the whole blame to khaps.
Take any of these honor killings (mentioned in this article), invariably family members are involved.
Killing (honor or otherwise) should be condemned and the guilty must be brought to the book but I really wonder if khaps are responsible for 'honor killings' then how come there are 'honor killings' even in the ares where no such system exists?? After all, there have been news in various papers about the parents killing their daughters (for eloping with her boyfriend, marrying without their consent, marrying outside her caste, etc.) in Andhra Pradesh, Tamil Nadu, etc.
Author claims that 'khaps' are opposing the right of choosing partner! I belong to this 'dreaded' (apparently!) state Haryana and no khap (or person) opposed my brother's choice of partner or any of the hundreds of the marriages I have been to! From where does author get her data of khaps opposing 'the right to choose partner' for marriage?
True, some areas of Jat-Land have the traditions of not marrying into same-gotra (lineage) or same village. What's wrong in that? India is a diverse country; each region has its own customs and traditions. It is okay in south India for a girl to marry her real maternal uncle But
not in other parts of India (will be a big taboo if one does so!!).
Yet, some how author label khaps (and in essence people of Haryana, UP, Rajyastan)uncivilized, rigid and orthodox just because they follow some traditions.
Funnily, author contradicts herself when she write that due to skewed sex-ratio people are 'bringing' brides from far states (hence inter-castes) and apparently no one (read khap) objects to it. Well, this shows the 'progressive' nature of khaps as oppose to many states (especially, rural areas) where inter-caste marriages are still a big taboo.
I could not stop laughing after reading some part of this article. For instance, what to make-out of following:
//As couples are selectively targeted, it is clear the real motive is to control women's sexuality to ensure that property remains within the patriarchal caste domain (mainly Jats in Haryana).//
Author seems to jump from one topic to another without clearly justifying either of them. Anyways, her resentment of anything traditional (e.g. same lineage-marriages, khap panchyats)is not surprising, given her 'left' credentials.
This article is undoubtedly written with an intent of maligning readers against particular caste and region. Not expected from a news paper like The Hindu.
Author is from leftist wing and she wants to gain political milage through such write ups. Morever,traditions of south are poles apart from north. Who is going to decide the civility?
People please know about the things than assuming on false reports. No khap has ordered any killings so far. It is the family of couples who commit it. Khap is the oldest traditions in North India and there conjugational practises of avoiding gotras has been proved by science and given a pure race of Jats unlike the mix breed down south.
Such write ups in main stream shows biasness of media. Because 99% of people believe in Khaps and follow it with heart.
Power misused at the very core. India's democratic strength lies in its panchayats and lawlessness at that level is devastating.
I never knew I belonged to a certain caste and a certain religion till i was 8. For me, caste and religion were just a text field in the school diary, that too which is filled by my mom and not by me. Then i came to know my friends had different names written in caste and religion column. Sometimes i used to envy them for having better sounding names than that of mine. Gradually i understood that these names had some relevance. Still our school was a mix of boys and girls from different faiths. We all sit in the same class. We visit each other's houses. We were all one. First time this caste based system impacted me was during the admission time in college where seats are reserved for different types of castes (I don't want to say it here, whether this did a positive or negative impact on me) Even 6 yrs after college, things have hardly changed for me. People around me hardly bother about religion or caste. Nobody forces you to go to worship places, neither do anybody stops you from going. It's your wish. Nobody stops you from marrying from a different religion. It's all up to your family and not the community.
It may seem weird for some readers. But this is life in KERALA. Here people are educated. They don't have time to spare for nonsense based on faiths. Here, parents are bothered only about the future of their children, be it girl or boy. Here if a boy and girl are in a love affair, they need the consent of only their parents to get married.
It's education that makes all the difference.
Kudos to Jagmati Sangwan. I can't agree more with the author. It looks increasingly true that as one travels from South to North our India gets increasingly uncivilized. The tragedy here is even more worse as we realise that our national Parliament resides just exactly at the epicentre of these uncivilised and outdated activities and that too as a mute spectator. God save our nation.
the article made a very interesting read. it has touched upon the moot points behind the medieval functioning of the khaps. Contrary to the khap's claims that its rulings are to protect the age-old social order from disintegrating, the truth is that they function out of their vested interests to subdue women, poor and the backward classes and prevent them from asserting their rights.
A well written article.It objectively analyzes the regressive role played by khap panchayats in the legal and political frame work of our nation.
the audacity of these khap panchayats was on display on april 13 meet when they openly denounced the federal state of india and went on to threaten that if decisions like ones made by karnal sessions court persist then they would not hesitate a bit to tear apart indian constitution...
this shows how helpless our govt and our police men are...khaps are no different from ajmal kasab....waging a war on the country....almost a proxy war...
harsh steps are required....n i would not hesitate to suggest that since these people are bringing a bad name to this republic and killing innocent youngsters and dalits....hanging them and setting a precedence might just b a right way forward...
Excellent article. It is imperative to reinforce the sentiment throughout India that nobody is above the constitution and the law is defines. If an amendment is required to the constitution then one must use the legitimate means stipulated.
I completely agree with the author that extreme neo-liberalism is not the answer. Let us Indians not forget our cultural heritage which spans thousands of years. By the same token, let us ensure that we cleanse ourselves of any flawed policies concocted by our ancestors. It is a balanced response that is required based on human values of equality and freedom without the gross moral degradation of a material society based on neo-liberalism.
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