04th January, 2016 (MAINS)


Q1. 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 the things right in this regard. [12.5marks/2015/GS-2] 200 words.

Please write answer in the comments section.

  • Umesh Sachin

    Khap Panchayat question solved:
    Legislative action:
    1.A bill named Prohibition of Unlawful Assembly (interference with the freedom of matrimonial alliances) Bill was drafted by Law Commission, which prohibits the assembly of persons who are likely to object to the lawful marriage.
    2.The bill focused on preventing such assemblies that endanger the liberty of couples and it prescribes different punishments for the participants — the maximum punishment being seven years of imprisonment and a fine of 30,000.
    3.It asserts that the caste councils or khap panchayats cannot be allowed to adopt moral vigilantism to enforce their orders by assuming the role of community guardians.
    Executive action:
    1.A group of ministers [GOM] headed by former Home Minister was formed to deal with the wave of honour crimes in various parts of the country.
    2.It proposed to bring honour killings under Section 300 IPC and shift the burden of proof on the accused.
    3.The Central government also suggested to provide assistance to state governments for setting up of free legal aid cell to help poor and weaker sections of the society.
    Judicial action:
    1.In Lata Singh vs State of UP case (2006) the Supreme Court held that intercaste marriages are not banned under the Hindu Marriage Act or any other law.
    2.The Supreme Court on April 20, 2011 held that intercaste marriages are in national interest as a unifying factor in a nation where caste system is a curse.
    3.The maximum that relatives can do if they disagree with the intercaste marriage of their children is to cut off all bonds with them. But they cannot give threats or commit acts of violence and cannot harass the person who undergoes such intercaste marriage.

    • http://shashidthakur23.blog.com Shashi Thakur

      nicely collected points…

      • Sooraj Mehra

        thank you so much…