No Khap Panchayat or individual or any association can question Adult’s Choice of Marriage: SC
New Delhi, January 16: Khap Panchayats can’t question adult’s choice of marriage said Supreme Court over the prevention of honour crimes.Today Supreme Court termed any attack by Khap Panchayat or association against any adult man or woman opting for inter-caste marriage as ‘absolutely Illegal.’
Hearing a 2010 writ petition filed by NGO Shakti Vahini seeking directions to the Central and state governments for the prevention of honour crimes, the Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar 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 A.M. Khanwilkar and D.Y. 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 couples in the name of family honour for marrying inter-caste or intra-clan (gotra).
“Whatever the Amicus Curiae say 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,” the bench said.
“Whenever there is any kind of collective attack on a boy or girl who is adult, it is absolutely illegal,” the bench said and listed the matter for 5th February for further hearing.
The apex court had earlier sought suggestions from an NGO ‘Shakti Vahini’, amicus curiae and ‘Khap Panchayats’ on the issue.
Khaps are caste or community organizations in villages which at times act as quasi-judicial bodies and pronounce harsh punishments based on regressive and age-old customs and traditions.
Earlier, the apex court had invited ‘Khap Panchayats’ to hear their views before issuing any order to stop them from harassing and killing couples and women 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 were active.