A Khap is a community organisation representing a clan or a group of North Indian castes or clans.[1] They are found mostly in northern India, particularly among the Village people of Haryana and Western Uttar Pradesh (Jats), but also amongst states like Rajasthan and Madhya Pradesh[2] although historically the term has also been used among other communities. A Khap Panchayat is an assembly of Khap elders, and a Sarv Khap is an assembly of many Khap Panchayats.[3][4]
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]
The Khaps evolved as tribal and village administrations. One of the terms used to denote the republic[clarification needed] was the Khap. Others were Pal, Janapada, and Gaṇasaṅgha.
Khaps have been dated back to the 14th or 15th century, as part of the social structure of the Hindu people, who lived in the region that is now north eastern Rajasthan, eastern Haryana, and Western Uttar Pradesh.[12] The Jats were originally pastoral, but settled down and became agricultural.[12]
The Khap consisted of a unit of 84 villages. The individual villages were governed by an elected council, known as the Panchayat. A unit of seven villages was called a Thamba and 12 Thambas formed the Khap unit of 84 villages, though Khaps of 12 and 24 villages existed. Their elected leaders would determine which units would be represented at the Khap level.[citation needed] The Sarv Khap (or All Khap) Panchayat (Council) represented all the Khaps. The individual Khaps would elect leaders who would send delegates to represent their Khaps at the Sarv Khap. It was a political organisation, composed of all the clans, communities, and castes in the region.[citation needed]
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]
The Khap Panchayats frequently make pronouncements on social issues, such as abortion, alcohol abuse, dowry, and to promote education,[18] specially among girls.[19] In October 2012, one Khap Panchayat leader in Haryana blamed the eating of chow mein, a non-traditional food, for the rise in rape in India, while another suggested that the age of marriage should be dropped from 18 to 16 because being married would make young women less susceptible to rape.[20][21]
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]
Naresh Tikait, head of Bhalyan Khap, criticized love marriages, saying "Marriage is a union of two consenting families and not just two individuals. So all stakeholders should have a say in that. If parents take all the pains to educate their girls then they also have right over their marriages too."[23]
Death Sentence in Honour killing: In State Of Haryana v. Ganga Raj[28]- Delivered on 23 March 2010 in the Manoj Babli Honor Killing case, the sessions judge Vani Gopal Sharma of Karnal in Haryana has Awarded Capital Punishment under Section 302 IPC(Indian Penal Code)1860 to five family members of Babli including her brother Suresh, Uncles Rejender, Baru Ram and cousins Satish and Gurdev for killing the couple on 15 June 2007, considering it the "rarest of rare" case and life sentence to the Khap(caste panchayat) leader Ganga Raj under Section 302 IPC read with section 120B, IPC for hatching the conspiracy to kill the couple. More on Wikipedia[29][circular reference][30]
In recent times, the Khap system has attracted criticism from groups, citing the stark prejudice that such groups allegedly hold against others. The All India Democratic Women's Association has reported cases where the Khaps are alleged to have initiated threats of murder and violence to couples who marry outside of the circle.[31][32]
The Supreme Court of India has declared Khap Panchayats to be illegal because they often decree or encourage honour killings or other institutionalised atrocities against boys and girls of different castes and religions who wish to get married or have married.[33]
This is wholly illegal and has to be ruthlessly stamped out. There is nothing honourable in honour killing or other atrocities and, in fact, it is nothing but barbaric and shameful murder. Other atrocities in respect of the personal lives of people committed by brutal, feudal-minded persons deserve harsh punishment. Only this way can we stamp out such acts of barbarism and feudal mentality. Moreover, these acts take the law into their own hands, and amount to kangaroo courts, which are wholly illegal.[33]
In a 2012 report to the Supreme Court, Raju Ramachandran, a Senior Advocate appointed by the Court to assist it in public interest litigation actions against Khap Panchayats, called for the arrest of "self-styled" decision makers and for proactive action by the police to protect the fundamental rights of the people. He also asked for the recommendations to be converted into directions applicable to all states and union territories of India until a law is enacted by the national parliament.[34]
Despite the criticisms against this institution, it remains popular in some parts of India because, in its benign form, it resolves disputes and achieves social order with less time and resources, compared to the court system which is lengthier and expensive.[15] In addition, taking a case to court may result in community ire.[16]
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]
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The main objective of the Khaps is to prevent marriages within the same Gotra (clan), and even within the same village. Moreover, different regions and social groups have their own distinct cultural-social rules and regulations, the Khap Panchayats acts as an organized yet informal regulatory body, executing such rules.
2. The problems and weaknesses, in the legal implementation of the 73rd and 74th amendment, further adds to the dominance of these informal social institutions, engaging themselves in illegal moral policing.
Khap panchayats draw their power from the weakness of rural Panchayati Raj institutions. Moreover, the state of Haryana is worst hit by the menace of Khap Panchayats, because of their strong backing among the people of Haryana. The government too tends to ignore the immoral and illegal actions of the Khaps, for fear of losing the popular vote. Therefore, in the hinterland, the authority and dominance of the Khap Panchayats remain unchallenged and unquestioned.
1. Female Foeticide- the cases of female foeticide were alarming in the Post 2000 years, and the role played by Khap Panchayats was very crucial. The state of Haryana was worst hit by the menace of female foeticide, with 722 females per 1000 males. Khaps propagated the narrative that a girl child is a liability on the parents and the male child as an asset to the family. The birth of a girl child was considered to be a sin, so the normal citizenry resorted to killing the girl child, seriously damaging the sex ratio and gender demography.
2. Honour Killing- The couples who engaged themselves in Inter-caste and Inter-religious marriages, and that too without the consent of their communities and families are subjected to aggravated forms of harassment and barbarity. The females are raped, burned, and murdered by the pseudo-protectors of society in the name of saving family honor. The honor killings are more prevalent in the villages of Punjab, Haryana, Rajasthan, and western UP.
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.
2. Honour killing of a journalist- In Jharkhand, a 22-year-old women journalist of Brahmin caste loved a man from dalit origin was brutally murdered following order of the village Panchayat in front of the whole village.
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