Rajasthan High Court Asks State To Frame Policy Curbing Khap Panchayat 'Diktats', Says Social Boycott Violates Citizens' Fundamental Rights

The Rajasthan High Court has issued a slew of directions to the State Government including formulation of a policy and Standard Operating Procedure to ensure comprehensive adjudication of complaints by citizens against "diktats" and "social boycott orders" issued by Khap Panchayats. In doing so the court highlighted that Khaps "have been a deeply concerning practice appears to be prevalent in certain rural settings" wherein a group of influential persons who have no lawful authority, assume themselves to be an extra-legal governing body. These bodies, acting in the guise of a “panchayat” or association, issue diktats to the villagers at large, mandating a complete social and economic boycott of a particular individual or family. The court was hearing a batch of various petitions alleging imposition of social boycott, coercive monetary exactions, and the infliction of trauma and mental harassment at the hands of self-styled Panchs.Among various issues the court noted that the petitions highlighted Misuse of Community Power wherein local caste panchayats, though lacking any statutory recognition, have arrogated to themselves the role of adjudicatory authorities; Social Boycott & Isolation; Forced Monetary Demands wherein in instances substantial monetary exactions are imposed under the guise of penalties or conditions for social acceptance; Suppression of Personal Choices wherein some petitions indicated that individuals are penalized for exercising autonomy in personal matters, particularly in choosing life partners. Justice Farjand Ali while examining the "practice of social boycott" said that it is in direct affront to the fundamental rights guaranteed under the Constitution of India, particularly the rights to equality, nondiscrimination and life with dignity."Any extra-constitutional authority or informal body assuming the power to impose such sanctions is wholly impermissible in the eyes of law. The absence of a dedicated legislation in the State of Rajasthan has resulted in a regulatory vacuum, leading to ineffective prevention, inadequate prosecution, and continued perpetration of social boycott practices. The situation, thus, warrants serious consideration at the legislative and executive level, so that an appropriate legal framework may be put in place to effectively address and eradicate this pernicious practice," the court said.Some Khap Panchayats assumed themselves as extra-constitutional centresThe court said that a Panchayat traditionally signifies a village-level institution of self-governance which is constitutionally recognized. Meanwhile, in contradistinction, the term Khap denotes a traditional, caste-based, and non-statutory social organization, typically comprising members of a particular clan, caste, or a cluster of villages; this the court said "neither recognized by law nor vested with any adjudicatory authority". However its functioning is premised upon customary practices and social conformity rather than constitutional legitimacy. It said:"This Court cannot remain oblivious to the stark reality that, over a period of time, certain Khap Panchayats have assumed unto themselves the character of parallel, extra-constitutional power centers. Cloaked under the guise of preserving age-old traditions and maintaining social order, these bodies have, in effect, transgressed into domains reserved exclusively for institutions established under law. What has metamorphosed over the years is not merely their authority, but the alarming expansion in the scope of matters upon which they seek to impose sanctions, often encroaching upon the most sacrosanct realm of an individual's life, namely, personal autonomy. Issues pertaining to marriage by choice, inter-caste or inter-religious unions, and individual expression are subjected to collective scrutiny in such assemblies, culminating in diktats that are wholly bereft of legal sanction.The continued existence and operation of such bodies is sustained not by law, but by the social acceptance and obedience accorded to their decisions by members of the concerned community. Typically comprising elderly members of the clan, these assemblies convene at periodic intervals and proceed to adjudicate upon the lives of individuals in a manner that is alien to the rule of law. The consequences of such adjudications are often draconian, ranging from imposition of fines and social boycott too, in extreme cases, the perpetration of heinous crimes such as socalled “honour killings.” This Court is constrained to observe that the very edifice of Khap Panchayats stands in direct conflict with the constitutional ethos. Their actions are de hors the Constitution, and strike at the very root of fundamental rights guaranteed under Part III of the Constitution of India".Right to choose partner can't be interfered with by KhapsThe court highlighted that Article 14 guarantees equality before law and equal protection of laws,...

Rajasthan High Court Asks State To Frame Policy Curbing Khap Panchayat 'Diktats', Says Social Boycott Violates Citizens' Fundamental Rights

Malavika Prasad

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