So why the big fuss over Kejriwal's stand on khap?

There is legal merit in AAP leader’s remarks: not khaps but their crimes need to be targeted

shantanu

Shantanu Datta | February 3, 2014


Arvind Kejriwal: Being misinterpreted. Deliberately?
Arvind Kejriwal: Being misinterpreted. Deliberately?

Yes, khaps should be banned, if you ask me. But don’t ask me, for I will say religion, too, should be banned – and for more or less the same reasons that supreme court offered while calling them kangaroo courts in 2011: "Atrocities with respect to personal lives of people, committed by brutal, feudal minded persons deserve harsh punishment."

So let’s take a deep breath, keep our emotions from running over and keep the prejudice locked away while contending that Kejriwal ‘supports’ khap. He said, as quoted by Reuters, “Khap panchayats are a group of people who come together. There is no bar on people to assemble in this country.” That is, unless you impose section 144 CrPC across rural swathes where khaps are reported to operate from.

Kejriwal also said, “(But) whenever they take a wrong decision, whenever they take an illegal decision, they ought to be punished."

The problem, so far as the central government is concerned, is khaps issuing diktats on inter-caste, -religious, -clan etc marriages, and ordering ‘honour killing’, as the murders of the young victims are dubbed. That is why the supreme court, in July last year, asked the UPA government to “make its stand clear on a plea seeking action against the diktats of 'Khap Panchayats' such as harassing young couples for entering into inter-caste or intra-gotra marriages in the name of family or social honour”. "Why don't you file an affidavit and make your stand clear on the issue? You say as to what action you propose to take on the law commission's report," a bench of justices CK Prasad and Ranjana P Desai said, as reported by PTI).

The law commission has sought enactment of the Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011.

Besides various other measures, here’s what the proposed law says: "no person or any group of persons shall gather with an intention to deliberate on, or condemn any marriage, not prohibited by law, on the ground that such marriage has dishonoured the caste or community tradition or brought disrepute to all or any of the persons forming part of the assembly or the family or the people of the locality concerned."

Now, on whom is the onus to ‘ban’ khaps? The central government or states? Has any state banned khaps?

If the law commission’s jurisdiction is restricted to barring only “gathering” of people “with an intention to deliberate on, or condemn any marriage, not prohibited by law”, who is Kejriwal to seek a ban on the whole idea – even if it’s a bad idea, like fellow undemocratic ideas such as prohibition – of khap panchayat? Why, indeed, should he be expected to propose any such ban?

Whenever a khap decides to “condemn” any such marriage – with or without the diktat of ‘honour killing’ – it would be a criminal case, once the bill is passed, and would be dealt under criminal law. And Kejriwal’s stand is clear on that: “...whenever they take a wrong decision, whenever they take an illegal decision, they ought to be punished."

This is not to condone what khaps do – they are a regressive, anti-women, even misogynistic, obscurantist bunch of men gathered, purportedly with an aim to run their gun. Unfortunately, that’s the brief many religious organisations and agents, as well as some socio-cultural-political outfits hold. And, fortunately or unfortunately, per se they cannot be banned in the name of democracy.

Comments

 

Other News

India lost Rs 52,000 crore to cyber fraud in five years: DoT

India has lost more than Rs 52,000 crore to cyber fraud over the last five years, officials have revealed. Out of approximately 60 lakh cyber fraud complaints received, more  than 3,000 cases have been resolved and six cyber fraud setups have been busted.   On the occ

India must not wait for its own Ella

In many Indian cities, children learn to wear masks before they are old enough to understand why. That reality should alarm us far more than it does.   In 2020, nine-year-old Ella Adoo Kissi Debrah became the first person in the world to have air pollution officially recognized a

An ode to the cradle of humankind

The Alphabets of Africa: Poems By Abhay K. Vintage Classics, 280 pages, ₹499.00   Abhay K

Ahmedabad district railway network to be expanded

The Cabinet Committee on Economic Affairs, chaired by prime minister Narendra Modi, on Wednesday approved the Ahmedabad (Sarkhej) – Dholera Semi High-Speed Double Line project of Ministry of Railways with total cost of Rs. 20,667 crore (approx.). It will be Indian Railways 1st semi high-speed project

Indian Ocean more contested than ever: Western Naval Command Chief

The Indian Ocean is becoming increasingly contested and strategically significant as the Indo-Pacific emerges as the defining geopolitical theatre of the 21st century, Vice Admiral Krishna Swaminathan, Flag Officer Commanding-in-Chief of the Western Naval Command, has said.   Spe

Why the judiciary needs much more than four more judges

India has a particular form of governance theatre: the bold declaration that appears to be action but is actually a way of avoiding action. The Union Cabinet on May 5 approved a Bill to increase the sanctioned strength of the Supreme Court from 34 to 38. The decision has been touted as a step toward judici


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter