Khap Panchayats have been in the news for functioning as extra-constitutional authorities, often delivering pronouncements amounting to human rights violations. Discuss critically the actions taken by the legislative, executive and the judiciary to set things right in this regard. (UPSC 2015, 13 Marks, )

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Khap Panchayats are traditional village councils in parts of India that have been in the news for their controversial decisions and actions that often violate human rights. These councils operate outside the legal framework and have been known to deliver pronouncements that go against the principles of justice and equality.

Khap Panchayats and Human Rights Violations

• Khap Panchayats are traditional, caste-based village councils in northern India, particularly in Haryana, Rajasthan, and Uttar Pradesh.
• Controversial Role: These councils often act as extra-constitutional authorities, delivering judgments that are not legally binding but hold significant influence, especially concerning family and social matters.
• Human Rights Violations: Their rulings frequently include controversial decrees, such as banning marriages within the same gotra (clan) and promoting honor killings, which violate fundamental human rights, particularly the right to life and liberty.

Actions by the Legislature

• Lack of Specific Legislation: There has been no comprehensive law specifically targeting the actions of Khap Panchayats. However:
• Prohibition of Child Marriage Act (2006): Indirectly addresses some practices advocated by Khap Panchayats, like underage marriages.
• Proposals for New Laws: There have been discussions in Parliament about framing laws to curb the activities of Khap Panchayats, especially regarding honor killings.

Actions by the Executive

• State-level Interventions: Some state governments have taken measures to curb the influence of Khap Panchayats:
• Public Awareness Campaigns: Initiatives to educate rural populations about legal rights and the illegality of honor killings and forced marriages.
• Law Enforcement: The police have been directed to act against those implementing illegal rulings of Khap Panchayats, although the success of such enforcement has been mixed due to local political pressures.

Actions by the Judiciary

• Condemnation of Khap Panchayats: The Supreme Court has unequivocally declared that Khap Panchayats have no legal standing and that their rulings, particularly those leading to honor killings, are illegal.
• Arumugam Servai vs State of Tamil Nadu (2011): The Supreme Court stated that any assembly to decide the fate of young couples for choosing their partners would be illegal.
• Protection of Life and Liberty: The judiciary has emphasized the right of individuals to marry by choice as a fundamental right under Article 21 of the Indian Constitution (Right to Life and Personal Liberty).
• Guidelines for Law Enforcement: In 2018, the court issued guidelines to prevent honor killings, instructing states to establish safe houses for couples and provide police protection.