Khap panchayats which are generally found in UP, Punjab, Delhi, Rajasthan and Haryana are in news because of the diktats passed by it, in relation to honour killing cases or in any other cases in the name of protecting the customary evil practice prevailing in the society. The criminal cases pertaining to honour killing or violence to the couple(s) shall be tried before the designated Court/Fast Track Court earmarked for that purpose. under the appropriate provisions of the Penal Code including Sections 141, 143, 503 read with 506 of IPC. Post was not sent - check your email addresses! The trial must proceed on day-to-day basis to be concluded preferably within six months from the date of taking cognizance of the offence.
Both Manoj and Babli, who were in their early twenties, had sensed trouble that they would have to face considering the fact that they hailed from the same clan (gotra). The month of September this year witnessed three honor killings in a very short span of just three weeks. The Khap leader, who ordered and orchestrated the killings but did not take part in the killings, was awarded a life sentence. The judiciary convicted the accused in the case for honour killing. Khap Panchayats have no authority to order honour killings; Their activities are to be stopped in entirety: SC, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on WhatsApp (Opens in new window), Click to share on Telegram (Opens in new window), Click to email this to a friend (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Pinterest (Opens in new window), Click to share on Pocket (Opens in new window), Click to share on Skype (Opens in new window).
199, Rs. © 2018 EBC Publishing Pvt. The complaint was filed by Babli's mother, Omwati. India is a very diverse country with many cultures and languages, however, the rigidity of the caste system, Illiteracy and unawareness about the rights, Khap Panchayat, Danger of losing Prestige and Status in society are the major causes which leads to Honour Killing. The views expressed are not the personal views of EBC Publishing Pvt. These killings are often sanctioned by the Khap panchayats in the rural areas. The State Governments should create special cells in every District comprising of the Superintendent of Police, the District Social Welfare Officer and District Adi-Dravidar Welfare Officer to receive petitions/complaints of harassment of and threat to couples of inter-caste marriage. Their activities are to be stopped in entirety. He shall conduct a preliminary inquiry and ascertain the authenticity, nature and gravity of threat perception. After the marriage, if the couple so desire, they can be provided accommodation on payment of nominal charges in the safe house for a period of one month to be extended on monthly basis but not exceeding one year in aggregate, depending on their threat assessment on case-to-case basis.
EBC Publishing Pvt. Additionally, the Deputy Superintendent of Police should personally supervise the progress of investigation and ensure that the same is completed.
In the 20th century, the court had observed that every person who is major, has the Right to choose his life partner and this right is also recognized by the Constitution and once it is recognized by the Constitution, it needs to be protected from any kind of violation and the same cannot be taken away in the name of Honour. The bill also proposes steps to curb the powers of khap panchayats, which often issue arbitrary diktats. In fact, it has to be condemned as an act abhorrent to law and, therefore, it has to stop. On receiving such information, the Deputy Superintendent of Police or a senior police officer should immediately interact with the members of the Khap Panchayat and impress upon them that convening of such meeting/gathering is not permissible in law and to eschew from going ahead with such a meeting. But, undaunted, she continued with her fight to get justice. If the Deputy Superintendent of Police, after interaction with the members of the Khap Panchayat, believes that the gathering cannot be prevented and/or is likely to cause harm to the couple or members of their family, he shall submit a proposal to the District Magistrate/Sub-Divisional Magistrate of the District/ Competent Authority of the concerned area for issuing orders to take preventive steps under the CrPC and invoke prohibitory orders under Section 144 CrPC and also by causing arrest of the participants in the assembly under Section 151 CrPC.
They are entitled to lodge an FIR or inform the police. Associating such crimes with rigid traditions and certain communities alone prevents acknowledgement of the fact that these crimes are extremely widespread in India, across regions and communities. In areas governed by Khap panchayats, Love marriages are considered taboo and those living in a Khap are not allowed to marry in the same gotra or even in any gotra from the same village. In India Punjab is the most notories state in this regard with highest rate of honour killing cases because of the presence of ‘Khap Panchayat’ or ‘Caste panchayat’. On being satisfied as to the authenticity of such threats, he should immediately submit a report to the Superintendent of Police in one week. Haryana is famous for such incidents mainly due to blind verdicts of the so-called ‘Khap panchayat’. Khap Panchayat enforces its summons through socials prohibitions and sanctions, imposes heavy fines or even kills the victims or makes them commit suicide.
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It was, however, made clear that an assembly or Panchayat committed to engage in any constructive work that does not offend the fundamental rights of an individual will not stand on the same footing of Khap Phanchayat. Blog are for informational purposes only and for the reader's personal non-commercial use. other cause. Required fields are marked *. I am from Lalitpur (U.P). The States must take disciplinary action against the concerned officials if it is found that (i) such official(s) did not prevent the incident, despite having prior knowledge of it, or (ii) where the incident had already occurred, such official(s) did not promptly apprehend and institute criminal proceedings against the culprits. It further said: “Class honour, howsoever perceived, cannot smother the choice of an individual which he or she is entitled to enjoy under our compassionate Constitution. Despite taking such measures, if the meeting is conducted, the Deputy Superintendent of Police shall personally remain present during the meeting and impress upon the assembly that no decision can be taken to cause any harm to the couple or the family members of the couple, failing which each one participating in the meeting besides the organisers would be personally liable for criminal prosecution. It is a form of violence that hides in plain sight. It also gives the impression that these crimes are a product of the “culture” – customs and traditions – specific to certain communities or faiths. He shall conduct a preliminary inquiry and ascertain the authenticity, nature and gravity of threat perception. In terms of the ruling of this Court in Arumugam Servai (supra), the states are directed to take disciplinary action against the concerned officials if it is found that such official(s) did not prevent the incident, despite having prior knowledge of it, or where the incident had already occurred, such official(s) did not promptly apprehend and institute criminal proceedings against the culprits. pathetic article. This direction shall apply even to pending cases. In the course of investigation, the concerned persons shall be booked without any exception including the members who have participated in the assembly.