Attack on Couples by Any Association ‘Absolutely Illegal’: SC

SC said that when an “adult girl or boy gets into marriage, no khap, no individual or no society can question them”

The Supreme Court of India. 

(Photo: Reuters)

The Supreme Court on Tuesday termed as "absolutely illegal" any attack by khap (community) panchayats or independent associations against an adult man and woman opting for inter-caste marriage.

The apex court said that if an adult man and woman marry, no khap panchayat, individual or society can question them.

A bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud asked the Centre to give its response on suggestions earlier given by amicus curiae (friend of the court) Raju Ramachandran on ways to prevent harassment and killing of young inter-caste or inter-clan couples in the name of family honour.

Whatever the amicus curiae says about khap, we are not concerned with that. What we are concerned is that if an adult girl or boy gets into marriage, no khap, no individual or no society can question them.

SC bench

The bench has posted the matter for further hearing on 5 February.

The apex court had earlier sought suggestions from an NGO called Shakti Vahini, amicus curiae and khap panchayats on the issue.

Khaps are caste or community organisations in villages which at times act as quasi-judicial bodies and pronounce harsh punishments based on regressive and age-old customs.

The NGO had moved the top court in 2010 seeking directions to the central and state governments to prevent and control honour crimes by taking a number of measures.

Earlier, the apex court had invited khap panchayats to hear their views before issuing any order to stop them from harassing and even killing people in the name of honour.

The Centre had pleaded with the apex court to put in place a mechanism to monitor crimes against women by khap panchayats, as the police was not able to protect women facing ordeal at their hands.

The top court had also said that as a pilot project, it would examine the situation in three districts of Haryana and Uttar Pradesh where khap panchayats are active.

It had summoned the Superintendents of Police of Rohtak and Jind districts of Haryana and that of Baghpat in Uttar Pradesh to apprise the court of the situation there.

(We Indians have much to talk about these days. But what would you tell India if you had the chance? Pick up the phone and write or record your Letter To India. Don’t be silent, tell her how you feel. Mail us your letter at [e-mail]. We’ll make sure India gets your message.)