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Khaps are not affiliated with the formally elected government bodies and are instead concerned with the affairs of the Khap it represents.[5] It is not affiliated with the democratically elected local assemblies that are also termed Panchayat. A Khap Panchayat has no official government recognition or authority but can exert significant social influence within the community it represents.[6] The Baliyan Khap of Jats as led by Mahendra Singh Tikait until 2011 is one that has gained particular media attention.[7] Dahiya Khap is major khap of Jat community in Haryana.[8][9]
Members of khap panchayats are all male, though they often make decisions affecting women. In Haryana, women are not allowed to be present at a panchayat and are represented by their male relatives.[16] Members of Sarva Jaateeya Venain Khap, one of the largest khap panchayats in Haryana, have instead said there are no female khap members because they feel uncomfortable attending, not because they are not allowed.[17]
Khaps have attracted attention in recent times for their decisions on marriage.[15] Khaps have opposed marriages between members of different castes, of certain gotras from which intermarriage is prohibited, and of the same village.[6] In July 2000, a panchayat nullified the marriage of Ashish and Darshana, two years after they had married and produced a son, on the basis that they were from two gotras prohibited to marry, and should have a brother-sister relationship.[16] Punishments handed down by khap panchayats in marriage cases include fines, social ostracism, public humiliation, and expulsion from the village.[6][22]
Due to cultural restrictions around marriage and the skewed sex ratio, families may have difficulty finding suitable brides and occasionally go against gotra marriage prohibitions.[6] There are also cases of men in Haryana who marry lower caste brides without having a khap panchayat be called.[15]
Sometimes, the Indian government avoids a direct confrontation with the panchayat especially in rural areas.[35] In some cases in Haryana, the police and locally elected leaders have supported the decisions of the khap panchayat.[16] Om Prakash Chautala, the former Chief Minister of Haryana, said in 2004 that "whatever the panchayat decides is right."[16]
Khap panchayat is the union of a few villages, mainly in north India though it exists in similar forms in the rest of the country. Lately they have emerged as quasi-judicial bodies that pronounce harsh punishments based on age-old customs and traditions, often bordering on regressive measures to modern problems.
Why are they in news
A Dalit girl in Haryana committed suicide after she was allegedly gangraped by four youths. Instead of condemning the incident, the khap said girls should be married off early so that rapes can be avoided. The khap has had nothing to say about how it would discipline the perpetrators in rapes.
Why can't they be banned?
The sheer indifference of politicians and vote-bank politics allow the khap panchayat's writ to run amok. Recently, Congress president Sonia Gandhi visited the Dalit girl in Haryana who committed suicide after being allegedly gangraped. Though Sonia condemned the incident, she didn't voice a word against the Congress-headed state government.
Elsewhere
In Uttar Pradesh, khap panchayats in western parts of the state have ruled against women carrying or using mobile phones or wearing jeans or other western attire.Published By: AtMigration Published On: Oct 11, 2012--- ENDS ---
Often, this is because the witnesses are reluctant to come forward and there is political pressure on the police to go slow or botch up the cases. Even those politicians who do not want to come out in support of khaps have restricted themselves to saying that they are part of traditions and culture. But it is the job of any elected lawmaker to ensure that tradition does not translate into the murder of young people who have committed no crime other than to exercise their freedom of choice of a partner or a way of life.
Demanding immediate arrest of Wrestling Federation of India chief and BJP Lok Sabha MP Brij Bhushan Sharan Singh over the allegations of sexual harassment, khap leaders on Thursday (June 1) decided to send a delegation to meet President Droupadi Murmu.
According to Dhankar, several khaps including Gathwala khap (Malik khap), Dalal khap, Poonia khap, Sangwan khap, Dahiya khap, Sheoran khap, Binain khap (Hisar) and Sherawat khap are gotra based khaps which have jurisdiction in the villages dominated by the gotras concerned.
Others are region based. These include Meham chaubisi khap, Rohtak Chaurasi khap, Satrol khap, Jharsa 360 khap and Sonipat 360 khap. They have influence ranging from a couple of villages to a few hundred villages.
In several rural parts of north India, khaps have tremendous influence among villagers because of their role in resolving local social disputes including marital problems, land disputes, and other family matters. Khaps enter the picture when such issues are not resolved by the concerned parties themselves. Khaps can impose a number of penalties, including social boycotts and monetary fines.
Recently, khap panchayats have insisted that they are in favour of inter-caste marriages while simultaneously demanding an amendment in the Hindu Marriage Act to ban same-gotra and same-village marriages.
Two sisters, aged 23 and 15, and belonging to the Dalit caste grouping, fled to the nation's capital this year in May, fearing for their lives after their brother, Ravi, reportedly eloped with a woman from the higher Jat caste in Baghpat village in Uttar Pradesh state. Dalits are traditionally regarded as "untouchables" in India, and the lowest-rung in the country's oppressive and resilient caste system. The elder sister, Meenakshi Kumari, then approached the Supreme Court in August, alleging that a khap panchayat had ordered that the Jat woman's 'honour' should be avenged by raping the two Dalit sisters and parading them naked in the village, their faces blackened. The apex court has taken cognisance of the case, asking the Uttar Pradesh government to respond by 15 September.
Meanwhile Amnesty officials told HuffPost India that they had independently verified that such a khap meeting had been called by contacting other members of the Jatav (Dalit) community in the village.
"The family told us that they found out about the khap panchayat order from members of their community," said Bashi. "The order, and the details of the punishment, are also mentioned in the writ petition to the Supreme Court. We have also independently contacted members of the Jatav community in the village who have confirmed that the khap panchayat had issued the order."
Villagers of Baghpat largely disagree. "Around 360 villages have to be notified about a khap meeting, where 8-9,000 people can show up. We haven't had such a meeting in years," said Dr. Jagpal Singh Teotia, a local leader.
Leader of the Dhama Khap, Chaudhary Jitendra Singh, told Hindustan Times that no such meeting had been called. "It is the handiwork of those who want to malign the khaps," he said, adding that he last went to Sankrod to attend a funeral two months ago and had come to know of the issue only through media reports.
Meanwhile, Baghpat's additional superintendent of police, Vidyasagar Mishra, told HuffPost India that police investigation into the incident has so far revealed that no such khap meeting took place. He added that inter-caste marriages as well as inter-religious unions took place in the village, citing police records where couples had eloped in the past and then returned home to live peacefully. While villagers said that they had "no problem" with inter-caste marriages, they said no such marriages had taken place in Sankrod.
"The media interest goes up drastically if the word khap panchayat comes up. From the very first day I met everyone I've been telling them that is not what this case is all about," he said. "This is about two consenting adults, they fall in love, their communities are opposing it, they go to the police and instead of the police protecting them they hand them over and put them behind bars in a false case. What is going on? This is what the case is all about."
Sarv khap (an umbrella body of khaps) secretary Subhash Balyan said, "As many as 365 khaps are there in India; we have informed all of them over phone and also on Facebook. A total of 28 khaps from western UP -- such as Balyan, Deshwal, Rathi, Nirwal, Panwar, Beniwal Hudda, Latian, Ghatian, Ahlawat, etc -- will join the panchayat."
Naresh Tikait, who is also the chief of Balyan khap, said: "If the government wants, this dispute can end immediately. The khaps want Brij Bhushan Sharan Singh, BJP MP Bhushan arrested, and the court of law should decide the matter."
On Tuesday, some of the country's top wrestlers -- including Olympic medallists Sakshi Malik and Bajrang Punia, and Asian Games champion Vinesh Phogat -- accompanied by hundreds of supporters had gathered on the banks of the Ganga in Haridwar, threatening to immerse their World and Olympic medals in the holy river, but refrained after khap and farmer leaders convinced them not to do so. The khap leaders have sought five days' time to address their grievances.
We have received reports about the Khap ordering the ban on women using mobile phones," local police chief Arun Kumar Singh told AFP, referring to the informal village councils known as khap panchayats in India.
3. Forced Marriages- When an individual marries another person, without free will and consent is termed as forced marriage. The khaps plays a very important role in pressurizing the families and individuals to marry within the same caste. This pressure is followed by threats of fear, abduction, coercion, and deception.
In Sujit Kumar v. State of UP[3], the court criticized the role played by police and bureaucracy and their failure in curbing the atrocities and violence committed by the khap panchayats in the name of traditions and honor.
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