When adults marry, you are nobody to interfere: Supreme Court tells khap panchayats

When adults marry, you are nobody to interfere: Supreme Court tells khap panchayats

FPJ Web DeskUpdated: Thursday, May 30, 2019, 12:25 AM IST
When adults marry, you are nobody to interfere: Supreme Court tells khap panchayats
PTI Photo by Atul Yadav |

The Supreme Court, continuing to take a tough stance against khap panchayats has asked Central government, petitioners to come up with effective suggestions in connection with the protection of the couples in Khap Panchayat matters.

The Supreme Court on Monday came down heavily on khap panchayats in the cases related to honour killings, asking it “not to become conscience keepers” as the “law will take its course”.  “If people decide to marry, they are adults and you are nobody to interfere,” Chief Justice of India Dipak Misra said. He added that under the law, when two people marry, no third party can interfere in their individual or collective capacity.

The Supreme Court was hearing a petition which was filed a non-profit Shakti Vahini, which has asked for a ban on such crimes and on “khap panchayats”. Chief Justice of India Dipak Misra today said “Whether it is parents, society or anyone, they are out of it. No one, either individual or collective, or group, has the right to interfere with the marriage.”

The court came out strongly against honour killing saying even if two adults, who are within prohibited degree of relation, get married, it was for the law to declare the marriage null and void and khaps or panchayats or parents can’t resort to violence against the couple.

“Whenever there is any kind of collective attack on a boy or girl who is an adult, it is absolutely illegal,” the court had said. The bench had asked the Centre to give its response on suggestions earlier given by amicus curiae Raju Ramachandran on ways to prevent harassment and killing of young couples in the name of family honour for marrying inter-caste or intra-clan (gotra).

A bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said, “You don’t have to play the conscience keeper of the society. Law and courts will take care of all relationships.” On January 16, the court had said that the attacks on those opting for inter-caste marriage were “absolutely illegal” and no ‘khap panchayats, individual or the society can question any adult woman and man marrying of their own choice.

What are khaps?

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 and traditions.