KHAP PANCHAYAT- TRADITION V/S MODERNITY

Utkarsha Sharma1 & Aishwarya Sharma2

INTRODUCTION

Khap Panchayat have always been an organ of governance which is now a day criticized by many people not only of our country but also on the international level because of its orthodox view point. Many communities still believe in honour killing, dowry as a right of the boy, rape as a result of girl’s behaviour. Different states have different problems due to absurd decisions given by Khap Panchayat. So, this article is mainly going to give you the gist of the problems deriving out of the wrong solutions given by the Khap Panchayat and what was the change in trend of acceptance of traditions over human rights was seen with the change in time. People are now talking more about their rights rather than the old traditions and the orthodox thinking of the people.

Secondly, the article is also an attempt to come up with some solutions and steps that we need to take. If we look at the history or origin of this khap panchayat then we can see that in India, the existence of Khap Panchayats dates back to 600 A.D.3 Their existence could be traced from Medieval period, in which, the tribe and gotra-based institution of khap is believed to have been started by the upper caste ‘Jats’ to consolidate their power and position in the community4 , then in British period, in which, institutions like the khap remained as parallel political authority which also became a means to consolidate the political status of its influential leaders5 and is still continuing today in post independence period.

Khap is a term for a social political grouping and used in geographical sense6 and it originally consisted of 84 villages.7 The concept of Khap Panchayat is closely associated with the

1 2nd Year BCom LLB Student, Institute of Law, Nirma University 2 2nd Year BCom LLB Student, Institute of Law, Nirma University 3 Dr. G.S. Rajpurohit & Dr. Anand Prakash, Khap Panchayat in India: Legitimacy, Reality and Reforms, IJAPRR International Peer Reviewed Refereed Journal, Vol II, Issue III, Rev. 81, at 82 (2015). 4 Saumya Ramakrishnan, Khaps - Is history now becoming a burden? Bar & Bench, January 18, 2013, http://barandbench.com/content/212/khaps-history-now-becoming-burden#.U1T2r1X6NIg. 5 Ajay Kumar, KHAP PANCHAYAT- A SOCIO-HISTORICAL OVERVIEW, EPW- Vol - XLVII No. 06, Jan 28, 2012 ,at 7. 6 Vijender Singh Beniwal, AN APPRAISAL OF KHAP PANCHAYATS: ISSUES AND CONCERNS, Japdeep Singh & Anju Beniwal (eds.), Panchayati Raj and Rural Development, 2015, at 5. 7 Ms. Sunita & Mr. Yudhvir, KHAP PANCHAYATS: CHANGING PERSPECTIVES, AJMR Vol.2 Issue 7, Rev. 14, at 14 (2013). 1 | P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 11

cultural relativism8 i.e., considering that one culture is superior to others and this leads people to protect their culture by their own authority. These are prevalent mostly in , western and parts of .9

REASONS FOR THE SURVIVAL OF THE KHAP PANCHAYAT

Khap Panchayat is a socio-political institution. Even after giving the judgments which in some or the ways violate the laws, its strength is not declining, rather it still continues to give heartless judgments in the age of globalization. It is possible because of many social and political reasons. The social reasons includes existence of similar panchayats in neighbouring villages10 and the persistence of strong kinship feelings among various clans (gotras) of Jats due to the continued belief that they being the progeny of a common ancestor have ties of blood11. There are political reasons like no citizen can oppose the verdict of khaps12, weak Panchayati Raj Intuitions13, Weakness of other Local Self Governance Institutions14, Inordinate Judicial Delays15, conversion of khaps into vote banks16 and the failure of the political and local legal authorities to raise the voice against khaps17. The people participating in the khap Panchayat belongs to the dominant powerful caste which widens the strength. These all factors strengthen the power of Khap Panchayats to give more cruel verdicts and commit more and more illegal acts without any fear.

ORDERS AND DECREES PASSED BY KHAP PANCHAYATS

The different Khap Panchayats in India has played a pivotal role in giving many judgments in the villages which in some or the other way brought a drastic change in the social as well as political environment of the villages. These orders include both positive as well as negative impacts on the society.

8 Rajpurohit & Prakash, Supra 1, at 84. 9 Ramandeep Kaur, Change in the rules of marriage – Khap Panchayat, mapsofindia, April 21, 2014, http://www.mapsofindia.com/my-india/society/rules-of-marriage-changed-khap-panchayat. 10 Mr.Sanjay Singh & Mr.Garvit S.Pawar, KHAP PANCHAYAT: ANALYSIS IN LIGHT OF JURISPRUDENCE, Bharati Law Review, rev. 240, at 243 (2016). 11 Priyamvada Shukla, A Critical Jurisprudential Appraisal of Law and Justice in Crime of Honour Killings in India, RGC, January-March 2012, at 5. 12 Mr.Sanjay Singh & Mr.Garvit S.Pawar, Supra 11, at 243. 13 Priyamvada Shukla, Supra 12, at 6. 14 Vijender Singh Beniwal, Supra 4, at 7. 15 Id. at 9. 16 Mr.Sanjay Singh & Mr.Garvit S.Pawar, Supra 11, at 243. 17 Id. at 243. 2 | P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 11

 POSITIVE

There has been a lot of development of the society due to some of the orders of the Khap Panchayats. Some of the orders which were affirmative and brought progressive changes in the society are listed in this part of the article. All Khaps panchayats has called in a meeting at Bibipur village, Jind and decided to take steps for women empowerment in the society and thus order was passed that a woman has the legal right in her patrimonial property.18 This order played a vital role in shaping women’s value in the Khap. The panchayat across Haryana, demanded that murder charges be imposed on people involved female foeticide. It had representatives of about 100 panchayats.19 Some orders were to cure the evils of female foeticide. A Khap Mahapanchayat, attended by leaders of over 300 khaps from Haryana, Rajasthan and Uttar Pradesh , took a stern stand against female foeticide and demanded that murder charges be slapped against those who indulge into the "heinous act".20

Khap also tried to guide people to stop the dowry practice which had been common for many years. Balyan khap panchayat’s Chief Naresh Tikait banned an army jawan from marriage for two years after he demanded a dowry from the girl’s family at Rasoolpur village in the district.21 Further, a Haryana Khap panchayat ordered five shoe slaps as punishment to a 23- year-old man, who had molested a seven-year-old girl.22

Another order by Khaps to prevent female foeticide was passed in 2015, A host of rulings given out by a Bura Khap’s head Rajbir Bura to discourage the practices of female foeticide

18 Ms. Sunita & Mr. Yudhvir, KHAP PANCHAYATS: CHANGING PERSPECTIVES, AJMR Vol.2 Issue 7, Rev. 14, at 19 `1(2013). 19 Vikas Kahol, Haryana village awarded Rs 1 cr for calling female foeticide illegal, indiatoday (July 15, 2012, 09:25 IST) http://indiatoday.intoday.in/story/haryana-village-awarded-rs-1-cr-for-calling-female-foeticide- illegal/1/208371.html. 20 Slap murder charge for female foeticide: Khap Mahapanchayat, firstpost (Jul 14, 2012, 18:06 IST) http://www.firstpost.com/india/slap-murder-charge-for-female-foeticide-khap-mahapanchayat-377828.html. 21 Khap panchayat comes to bride’s rescue, bans army jawan from marriage over dowry demand, theindianexpress (April 10, 2015 11:24 am), http://indianexpress.com/article/good-news/khap-panchayat- comes-to-brides-rescue-bans-army-jawan-from-marriage-over-dowry-demand/. 22 Bijaya Kumar Das, Haryana Khap panchayat orders shoe-slap justice in molestation case, indiatoday (September 20, 2015, 08:25 IST), http://indiatoday.intoday.in/story/haryana-khap-panchayat-orders-shoe- slap-justice-in-molestation-case/1/478035.html. 3 | P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 11

and dowry that “No third child after the birth of two daughters and only Re. 1 to be taken by the groom as dowry from a girl’s family.”23

In an announcement which comes as a breath of fresh air as khaps are infamous for issuing orthodox diktats, Bura Khap's head Rajbir Bura said that members in a meeting held on Sunday have decided to felicitate couples who do not have a third child after the birth of two daughters and those who took no or only Re 1 as dowry from the bride's family.24 They have also called for limiting the expenses of a wedding and decided that only 21 people can be part of a baarat. They also decided to honour the boys of the gotra who do not accept dowry and couples who have two daughters.25

These all the judgments helped society to progress and gave halt to an extent to evil practices which have been practiced for many generations.

 NEGATIVE

Apart from the positive orders there are also many mind bobbling negative orders given by the Khaps. A landmark case of honour killing by the Khap Panchayat is Manoj-Bubli case. Manoj and Babli, the newly-wed couple, eloped from Karoda village in Kaithal district of Haryana and were kidnapped and brutally murdered by the girl's family in as her family members were influential people and enjoyed backing of the Khap panchayat.26 Another case was reported in which on the orders of Khap, a 22-year-old victim was allegedly taken to Odhan village in Haryana’s Sirsa district by men who owed him money. There, he was kept in a cage for three months, a period in which he was sodomised and

23 Haryana khap does its bit to end female foeticide, thehindu (December 20, 2015, 23:23 IST), http://www.thehindu.com/news/national/other-states/haryana-khap-does-its-bit-to-end-female- foeticide/article8011152.ece. 24 No third child after 2 daughters, Re 1 as dowry, says Haryana Khap, news 18 (December 21, 2015, 7:46 AM IST) available at http://www.news18.com/news/india/no-third-child-after-2-daughters-re-1-as-dowry-says- haryana-khap-1179656.html.

25 Neeraj Mohan, Progressive khap panchayats aim to change image, HINDUSTAN TIMES (DEC 25, 2015 21:14 IST), AVAILABLE AT HTTP://WWW.HINDUSTANTIMES.COM/PUNJAB/PROGRESSIVE-KHAP- PANCHAYATS-AIM-TO-CHANGE-IMAGE/STORY-GAQZVFNHN6BXBKBANBUQBM.HTML.

26 Manoj-Babli case: This mother challenged dreaded khap, Dailybhaskar (Nov 25, 2014, 16:37 PM IST), http://daily.bhaskar.com/news/CHD-manoj-babli-honour-killing-in-haryana-4819122-NOR.html.

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forced to drink his own urine. The allegations were made after the family rescued him and approached the police.27

A community panchayat of Gujjar community in Uttar Pradesh has banned girls from wearing jeans and keeping mobile phones claiming that they were having a “bad” effect on them and were responsible for eve-teasing incidents. 28 This traditional thinking of them make them deliver the judgments which are against women. Further, in a shocking decision, a self-styled social panchayat in Barmer district has ordered chopping off the nose of a woman for complaining of rape against her father-in-law which led to his arrest.29

In another judgment which was against women, a khap panchayat in Barmer district of Rajasthan has ordered girls not to use mobile phones, citing that they use the phones to take their photos which are later shared on social media sites. 30

There is a very popular case in which the unelected Khap council ordered that 23-year-old Meenakshi Kumari and her sister, both members of the low caste, be raped and paraded naked with blackened faces in the northern Indian state of Uttar Pradesh., after their brother eloped with a married woman of a higher caste as they were in love and the girl was forced to marry someone from her own caste.31 Then, a Panchayat in the Kushambi district of Uttar Pradesh forced an abortion on a minor rape victim.32

27 Zakir Hussain, Man caged, sodomised on orders of khap panchayat, Hindustan Times (Feb 09, 2014, 11:34 IST), available at http://www.hindustantimes.com/india/man-caged-sodomised-on-orders-of-khap- panchayat/story-kvQW30alvaxICYwHRLV0sN.html.

28 UP khap panchayat bans jeans, mobile phones for girls, The Hindu (August 9, 2014 11:49 IST), available at http://www.thehindu.com/news/national/other-states/uttar-pradesh-community-panchayat-bans-jeans- mobile-phones-for-girls/article6298539.ece 29 Khap panchayat orders chopping off woman’s nose, The Hindu (December 25, 2014, 01:46 IST), available at http://www.thehindu.com/news/national/other-states/khap-panchayat-orders-chopping-off-womans- nose/article6723294.ece. 30 Mughda Variyar, No Mobile Phones, Jeans for Girls; Khap Panchayat Issues Order through WhatsApp in Rajasthan , ibtimes (July 2, 2015 10:43 IST), available at http://www.ibtimes.co.in/no-mobile-phones-jeans- girls-khap-panchayat-issues-order-through-whatsapp-rajasthan-637808 . 31 Rishi Iyengar, Two Indian Sisters Ordered to Be Raped by Village Council Beg Supreme Court for Help, (Aug. 28, 2015), http://time.com/4014444/india-khap-panchayat-two-sisters-rape-ordered-uttar-pradesh/. 32 Shreyasi Bose, Minor Rape Victim Beaten to Abort the Pregnancy – Khap Panchayat Rears its Ugly Head Again, Kenfolis (September 4, 2015, 4:12 pm) available at http://www.kenfolios.com/minor-rape-victim- beaten-abort-pregnancy-khap-panchayat-rears-ugly-head/. 5 | P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 11

Not only against Women but Khap has also delivered the orders against the men. A khap panchayat forced a man to marry his minor daughter to a middle-aged man and then threatened him with Rs 25 lakh fine if he didn’t send the girl to him.33

In an order, after a man in raped his 14-year-old daughter in a drunken state, the infamous khap panchayat of the village blackened his face and ordered him to take a dip in the Ganga, perform a hawan and feed the priests as a punishment to the heinous crime.34 This punishment granted was very insignificant as the crime committed was cruel in nature.

Traditional thinking of Khap can also be traced from a case in which a in Nashik has allowed a newly-wed groom to terminate his marriage in just a span of 48 hours, after he reported that his bride had ‘failed the virginity test’.35 Also, a woman and her paramour were allegedly whipped by her husband on the orders of a khap panchayat in Kalediya village at Chhota Udaipur district.36 There is worst impact of Khaps on some people. The girl from Haryana was forced to marry her rapist on the intervention of the local khap panchayat and she committed suicide by hanging herself.37 A 17-year-old girl ended her life after a Shalishi Sabha, the Bengal’s khap panchayat accused her of stealing a cellphone, the members of the kangaroo court physically abused her and threatened her of “dire consequences”.38 All the above listed orders show the pressure of the Khap Panchayat on the people.

33 Khap forces minor to marry 35-yr-old, father moves court, Hindustan Times, (Feb 15, 2016, 13:48 IST), http://www.hindustantimes.com/india/khap-forces-minor-to-marry-35-yr-old-father-moves-court/story- vFYBgFWuB0k8kNQp8Y1MnK.html.

34 Priyambada Dubey, Father Rapes Daughter, Pardoned by Khap After Taking a Dip in the Ganga, daily bhaskar (May 18, 2016, 14:09 PM IST) http://daily.bhaskar.com/news/TOP-man-rapes-daughter-5327128- NOR.html?ref=ht.

35 GROOM TERMINATES MARRIAGE AFTER WIFE FAILS 'VIRGINITY TEST’ INSTITUTED BY KHAP, DECCAN CHRONICLE, (JUN 1, 2016, 11:19 AM IST), HTTP://WWW.DECCANCHRONICLE.COM/NATION/CURRENT- AFFAIRS/010616/GROOM-TERMINATES-MARRIAGE-AFTER-WIFE-FAILS-VIRGINITY-TEST-INSTITUTED-BY- KHAP.HTML. 36 Woman, paramour whipped on khap panchayat order in Gujarat, Hindustam Times (Jul 14, 2016, 15:39 IST), available at http://www.hindustantimes.com/india-news/woman-paramour-whipped-on-khap- panchayat-order-in-gujarat/story-SXzneXo1oSBM2dCE1Xf8TO.html. 37 19-yr-old rape victim, forced to marry her rapist, kills self after dowry harrasment, deccan chronicle (Oct 27, 2016, 1:21 pm IST), http://www.deccanchronicle.com/nation/crime/271016/19-yr-old-rape-victim-forced- to-marry-her-rapist-kills-self-after-dowry-harrasment.html. 38 Bengal’s khap panchayat drives minor to suicide, the Indian express (01st November 2016 02:09 PM), http://www.newindianexpress.com/nation/2016/nov/01/bengals-khap-panchayat-drives-minor-to- suicide-1533857.html. 6 | P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 11

JUDICIARY ON KHAP PANCHAYATS

The extra-constitutional body of Khap Panchayats had been continuously proffering the orders and decrees which are violative of various laws. The role of judiciary comes into picture when the legislative organ is unable to prevent the crime. The judiciary has given many judgments and has controlled people from being the victim of the cruel judgments of them to great extend. The trend goes in the following manner:- In Smt. Laxmi Kachhwaha vs. The State of Rajasthan39, the court noticed that these panchayats had no jurisdiction whatsoever to pass social boycott order, or impose fine on anyone and to violate the basic rights of an individual. It directed the State authorities to take steps for preventing the abuse by restraining such panchayats from functioning and ensuring arrest and punishment to its members. Strict guidelines were issued by the Rajasthan State Human Rights Commission, to the higher police authorities of the state directing the administration to collect the record of the Panchas participating in the illegal Khap panchayats and to proceed against them under the National Safety Laws.40 In, Madhu Priya Singh v State Of Uttar Pradesh41, the court strongly directed that the administrative and police authorities must see to it that anyone who threatens or attacks or intimidates or confines a major who wants to marry outside the caste or religion is prevented from doing so, against such person criminal proceedings should be instituted. Even when reported to them the authorities seldom take any action in the matter and thereby they abdicate their duty to uphold the law. This in turn, creates the way for the Khap Panchayats. In Lata Singh v. State of Uttar Pradesh and Anr42, the court held that- “Honour killings of such persons who undergo inter caste or inter- religious marriage is out of their own free will. There is nothing honourable in such killings, and in fact they are nothing but barbaric and shameful acts of murder committed by brutal, feudal-minded persons who deserve harsh punishment.”

39 Kavita Kachhwaha, Khap Adjudication in India: Honouring the Culture with Crimes, International Journal of Criminal Justice Sciences Vol 6, Rev. 297, at 301 (2011). 40 AIR 1999 Raj HC 254. 41 Madhu Priya Singh vs. State of Uttar Pradesh, II (2004) DMC 294. 42 AIR 2006 SC 2522 7 | P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 11

The two Judge Bench showed their concern over the several instances of violence against young couple who marry outside their caste and held that-

“Such acts or threats or harassment are wholly illegal and those who commit them must be severally punished”.

In Manoj-Babli Honour Killing Case43, a Judge stated-

"Khap Panchayats have functioned contrary to the Constitution ridiculed it and have become a law unto themselves. There is an ugly nexus between khap leaders, the police, and local politicians" that also need to be exposed.”

Five of the seven convicts in this iniquitous case were sentenced to life imprisonment by the Punjab and Haryana High Court.44 The Court also ordered action against the police officers who delayed the case.45

In Vivek Kumar @ Sanju v. The State46, the Delhi High Court observed that- “Falling in love with somebody is not an offence either under IPC or any other penal law. Desiring to marry her love is also not an offence. If her parents do not agree she can persuade them or to wait for attaining the age of majority and then exercise her right as a major to marry the person of her own choice. However, this is possible only when the house of her parents where she is living has congenial atmosphere and she is allowed to live in peace in that house and wait for attaining age of majority.” Thus, according to the court, no one can be denied from exercising their freedom to marry. This, in turn, concludes that Honour Killing practiced by Khaps is not allowed.

43 Murder Reference No.2 of 2010, Criminal Appeal No.479-DB of 2010 and Criminal revision No.2173 of 2010, In The High Court Of Punjab & Haryana, Chandigarh. 44 Death sentence commuted in Manoj-Babli case, The Hindu (March 12, 2011 00:22 IST), http://www.thehindu.com/news/national/death-sentence-commuted-in-manojbabli-case/article1529740.ece. 45 Kavita Kachhwaha, Supra 21, at 301. 46 Crl.M.C. No. 3073-74/2006. 8 | P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 11

Further, in Geeta Sabharwal vs. State of Haryana47, the Punjab-Haryana High court played prominent role by providing the police protection to the couples who were major and faced threats from their family. In Shakti Vahini v. Union of India and Ors48 the Supreme Court held that the State is duty bound to protect the Fundamental Rights of its citizens and it seek to ban Khap Panchayats on the ground that they are working as extra judicial bodies. In State of UP vs. Krishna Master49 our Apex Court awarded life sentence to the three persons accused of honour killing who murdered six persons of a family and held that honour killing falls under the category of rarest of the rare case. In Paramasivam vs Unknown50, court held that it should not recognize any decision made by Khap Panchayat. In Shri Gurudas Dasgupta Called The Attendtion Of The Minister Of Home51, it was observed that court’s duty is to ensure that the laws are obeyed and enforced; and the law-breakers are punished, be it a collection of people in the name of Khap Panchayat. This was followed in Bhagwan Das vs. State (Nct) of Delhi52, in which the Apex Court expressed that- “All persons who are planning to perpetrate ‘honour’ killings should know that the gallows await them.” In the above decision the Indian Supreme Court held that there must be a mandatory death sentence in cases of honour killing and the police and administrative officials who did not prevent them must be immediately suspended. In the case of Armugam Servai vs. State of Tamil Nadu53 the Supreme Court interpreted law for public, as once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such marriage they cannot give threats or commit or instigate acts of violence and cannot harass the person. The Court was of the view that this is wholly illegal and has to be ruthlessly stamped out. Rajasthan High Court in Poonam Gupta And Anr vs State Of Rajasthan And Anr54, Gujarat High Court in Shivprasad Mulshankar Jani vs Sureshbhai Mayaram Sadhu & 255 and Madras High Court

47 Criminal Miscellaneous No. M-27548 of 2008. 48 CWP No. 231 of 2010. 49 Criminal Appeal No. 1180 of 2004. 50 W.P.(MD)NO.11614 of 2010. 51 Statement by Member of Parliament, Shri Gurudas Dasgupta Called The Attendtion Of The Minister Of Home, Lok Sabha (05/08/2010). 52 Criminal Appeal No. 1117 of 2011. 53 Criminal Appeal No. 958 of 2011. 54 S.B. Criminal Misc. Petition No. 2480/2011. 55 R/SCR.A/1443/2014. 9 | P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 11

in B.Dilipkumar vs The Secretary To Government56 followed what was stated in Armugam Servai vs. State of Tamil Nadu. In Thol.Thiruma Valavan vs State Of Tamilnadu57, judges of Madras High Court regarded these kangaroo courts as wholly illegal. In Manmeet Singh vs State Of Haryana And Ors58, it was observed that- “khap panchayats are driven by same sinister motive of applying their own proclivities against the inter-caste matrimonial bondages.” In Sunil Kumar and Ors vs State Of Haryana And Ors59, judges of High Court Of Punjab and Haryana and Chandigarh directed the Home Secretary, Haryana and the Director General of Policy, Haryana to take effective and preventive measures to thwart protest at the behest of the Khap Panchayats in order to prevent damage to the public and private property, much less, lives of innocent persons.These all judgments were against the practice of Khap Panchayat and aimed at improving the society.

EFFECTS OF ACTION OF LEGISLATURE ON KHAP PANCHAYAT

Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011 bill had been enacted by the legislature to prevent the unlawful practices by the Khap Panchayat. But, later, the intransigent BJP Government stalled over the slow progress of law with an opinion of having no-law at all.60

The various sections under Indian Penal Code, 1860 are not being violated by the Khap Panchayats including section 149 i.e., every member of unlawful assembly is guilty of offence committed in prosecution of common object, section 302 of Indian Penal Code, 1860 i.e., punishment for murder as the honour killings could be considered as being the part of murder etc. But instead of this they are not being punished because of the public support. If we see in the section in the article which discussed of the orders and decrees of the Khap Panchayat then we can see that today also Khap Panchayats continue giving vague judgments without any fear and this, in turn, in the loophole of the legal machinery.

56 Writ Petition No.26991 of 2014 and MP.No.1 of 2014. 57 W.P(MD).No.24596/2011. 58 Civil Writ Petition No.26734 of 2014. 59 Civil Writ Petition No.12689 of 2015. 60 Haramrit Kaur Rao, The Menace of Honour Killing In India, letscomply (July 19, 2016), http://www.letscomply.com/knowledge-hub/2016/07/menace-honour-killings-india/ 10 | P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 11

CONCLUSION

Taking in view the case study done by the author in the given article, it can be concluded people and law are not totally against the traditions which are being followed for so long by the people but they are only against the traditions which are treated as an end. The end is to achieve justice and for that tradition can be used as a means but people are rather using it as an end in itself. Justice can only be achieved by not discriminating against the gender. The traditions must only be used to guide people for their betterment and to help them progress but not for punishing them harshly. Then only the means and ends would be said to be justified.

RECOMMENDATIONS

After seeing the above case laws one thing is clear that the present society is far ahead of the thinking and the laws still followed by these people giving judgment through Khap Panchayat. So, in order to make the ruling right and in accordance with the present laws the thing that need to be done is organizing some awareness camps for these people so that they come to know what the present society thinks and what all changes present judiciary have adopted. We need to make people aware of the basic human rights that are available to every individual and which can't be taken away from them at any cost. The progress can be made by attacking on the very base of the Khap Panchayat and that is the traditions that are long left behind by many people and they are still followed by these left behind sections of the society only. For that we need to tell people that they are not bound by the judgments given by these Judgments where Khap Panchayat have said that dowry is legal and it is the duty of the girl's parents to pay dowry is wrong and the same judgment is against the present provisions mentioned under IPC. Prohibition on usage of mobile phones by the girls or women is said to be crime by Khap Panchayat and the same is against the constitution which gives equal rights and liberty to men and women. So, how can Khap Panchayat make this differentiation? Every individual have a Right to choose a partner of their own choice and the same is seen as a crime in the eyes of these Khap people. To remove all these problem we need to make constitute a judicial body to look into these matters and there should be a proper inspection in all the said villages where these Khap

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Panchayat are still prevalent and if there is any such violation of human rights or constitutional rights. A very strict action should be taken. Practice of our tradition is good but making it "The Law" is no where right. There is a need too tell people what the real law is.

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