2. Index
⢠What is khap and sarva khap?
⢠What is gotra?
⢠What is hindu marriage act?
⢠Strength and weakness.
⢠Honour killing
⢠Kangaroo courts.
⢠Khap as killer machine.
⢠Khap and government.
⢠Khap in haryana.
⢠My views.
3. What is khap and sarva khap panchyat?
⢠The Khap has been a system of social administration and
organization in north western states of India since 1184 AD.
⢠Khap is a term for a social-political grouping and used in a
geographical sense. A Khap originally consisted of 84 villages. A
unit of seven villages was called a Thamba and 12 Thambas
would form the unit of 84 villages, a khap, togeth;er.
⢠However, there are also khaps of 12 and 24 villages. Their elected
leaders would determine which units would be represented at the
khap level. These khaps are spread all the way from Northwest
India down to Madhya Pradesh, Malwa, Rajasthan, Sindh, Multan,
Punjab, Haryana, and modern Uttar Pradesh.
⢠The Sarv Khap Panchayat represented all the khaps. The Khap
and Sarv Khap was a system of social administration and
organization in the republics of Northwestern Indian states such
as Haryana, Rajasthan and Uttar Pradesh since ancient times.
4.
5. What is gotra?
⢠Gotraâ is a lineage that is associated to an individual at
his/her birth. The fatherâs gotra is carried forward by the
child following the norms of a patriarchal society i.e. to
people belonging to the same gotra are not permitted
to marry since they are considered to be as brother and
sister. Same gotra marriages are a sensitive issue and
have helped the Khaps to gather mass public support.
⢠Originally, there were 7 Gotras - Vishvâmitra,
Jamadagni, Bharadvâja, Gautama, Atri, Vasishtha,
Kashyapa and Agasthya.
⢠However, this rule is not enforced in South India(kerla)
and one can marry into his/her motherâs Gotra. This is
not allowed in North India. The system which is fast
losing its value in metropolitian and urban areas, due to
modernization, is still prevalent in many rural areas.
6. HINDU MARRIAGE ACT
⢠In Hinduism marriage within the same gotra is prohibited
⢠Two persons in the same gotra cannot marry even if they
come from different linguistic areas
⢠However, same-gotra marriages have been legal under
Indian civil law since the Hindu Marriage Act of 1955.
⢠Hindu law givers differ in the definition of sapinda(shared
body relationship) at one extreme, according to some
sources marriages are prohibited within seven generations
on the father's side and five on the mother's side. In
contrast, other sources allow cross cousins to marry,
including first cross cousins.
⢠The Hindu Marriage Act bars marriage for five generations
on the father's side and three on the mother's side, but
allows cross-cousin marriage where it is permitted by
custom
7.
8. Strenghts and Merits of khap panchyat
⢠Historic past of âKhap Panchayatsâ indicate their success rate in
success of peasantâs movements, labour movement and socio-
economic and political reforms for the deprived sections of
society.
⢠It has been acting as a great âpressure groupâ.
⢠It's good that they have taken up issues like dowry harassment
and oppose expensive show of money in marriage functions.
⢠Khap Panchayat is based on social respect and responsible for
protecting our society from cultural attack by alien societies.
⢠Khap panchayat helps in preservation of culture and traditions
from one generation to the next.
⢠They have played vital role in social activities like widow
marriage, poor girlâs marriage, provide help to poor families by
giving them land for agriculture, solving disputes among the
families, etc.
9. ⢠Khap panchayat promotes the education through many
institutions like Jat Institutions. Jat communities are
known for social reforms; they have opened Gurukuls,
throughout India (North India in specific) and that too
without any governmental aid with their own charity.
These institutions are democratic in nature and there
are no boundations of caste and religion among the
teachers and students.
⢠Our Judicial system is only seeing the instance with the
help of written and solid Proofs but khaf makes decision
only on the the basis of reality .
10. Demerits and Weakness of khap panchyat
⢠Violation of the gotra rule usually invites death for the offending
couple.
⢠Some schools are also forced to have separate timings for the
boys and girls; or girls are not allowed to go to school at all.
Fearing their daughters would go astray, many parents marry
them off at an early age.The mahapanchayat recently justified
their actions by sending a message to the government and
courts saying that the khap panchayats were independent of the
laws of the land.
⢠It is acceptable for the families to feed pesticide pills to the
teenage girls and then dispose off their bodies by burning them
without any police records.
⢠In some other parts of India where there are Khap Panchayats,
women are considered by them as a commodity. The
reproductive roles of women are highlighted under this fold.
They are not given any rights and expected to obey their
fathers before they are married and fulfill their duties as a wife
and as a homemaker after they get married.
11. ⢠Its rigidity on âGotrasâ issue, dominance of single
caste, no active participation of other castes,
excessive participation of illiterate or semi illiterate
people, taking extreme steps for âhonor killingâ of
youth for getting married within the same gotras,
no change in accordance with time, are some of
weakness of âKhap Panchayatsâ in Haryana.
⢠If a couple runs away then the families risk a
boycott and hefty fines in lakhs of rupees. Even
the other women of the house can suffer abuse.
12. What is honour killing???
⢠Honour killing is the murder of womenfolk by family members, generally
male, who are compelled to remove stains on their family's honour.
⢠A woman can cause that stain on the family due to several reasons,
including (a) refusing to enter an arranged marriage or choosing to
marry by own choice (b) engaging in certain sexual acts; (c) marrying
within same âgotraâ (d) seeking divorce from an abusive husband etc.
Sometimes women in the family do support the honour killing of one of
their own, when they agree that family is the -property and asset of
only male members.
⢠And the latest case of honour killing was when the two teenage girls
were shot dead by a cousin in Noida for daring to run away to meet
their boyfriends. Many such killings are happening regularly in Punjab,
Haryana and westernâ Uttar Pradesh. These are socially sanctioned by
caste Panchayats and carried out by mobs with the connivance of family
members.
⢠A report United Nations Population Fund (2000) estimated as many as
five thousand women and girls being killed each year by relatives for
dishonouring their family. Many of the cases involve the "dishonor" of
having been raped.
13.
14. Khap panchyat-a killer machine!!!!
⢠Put oil in a pot and boil it. A coin is placed into it. The accused is asked to take
out the coin from the boiling oil. He/she is considered innocent if managed to
do so.
⢠An iron stick is heated red hot. The palms of the accused are smeared with
turmeric and seven leaves of Peepal are tied on them by a weak thread. The
red hot stick is kept on it and the accused is asked to walk seven steps
carrying the stick in his hands. If the palms do not burn or no red sensations
appear on them, he/she is presumed innocent. This practice is usually followed
where the character of the accused is questioned.
⢠Many a times, barbaric ways are adopted. Either ear or nose of the accused is
chopped off. Sometimes his hair is cut, face is polished black and he is made
to ride over donkey in the whole village or is forced to run naked and bare
footed.
⢠The Panchas declare poor widows/women, a demon, usually because of
their looks.
⢠Sometimes the land of the accused is seized and forcibly taken away from his
possession .
⢠Huge fines and penalties are imposed.
⢠The guilt of a woman is judged by forcing her to fry âPurisâ bare handed in the
boiling oil in the cauldron. If her hands burn, she is declared guilty.
15.
16. ⢠But in Kangaroo courts the punishment will be rape or
amputations of men´s legs. Very rarely the actual culprits
or criminals would get the punishment through kangaroo
courts.
⢠Shalishi, a Bengali word of Persian origin, means mediation or
arbitration. But what actually happens at these Adalats are a
mockery of mediation.
⢠Supreme Court on 19 April 2011 termed Khap Panchayats as
kangaroo courts and declared them illegal
17.
18. Khap panchyat and Goverment???
⢠The honour crime also violates Article 14, 15 (1) & (3) 19, 21 and 39 (f) of the
Constitution of India. Shamefully, even today there is no legal definition of honour
crime in India. In the Indian Penal Code, penalties for such crime find ground in
sections 299-304, 307, 308, 120A and B, 107-116, 34 and 35.
⢠Khap panchyat demanded legal authority from central govt. Under HINDU
MARRIAGE ACT 1955 but court deny.
⢠Kangaroo courts are running now also but govt. Is not doing any thing.
⢠Khap Panchayats also appealed to the Centre and Haryana government to grant
Khaps the status of Lok Adalats alleging their decisions on various issues as
âunanimous.â 28The Honorable Supreme Court of India not only termed 'Khap'
Panchayat as illegal and honour killing as barbaric but also advocated to stamp it
out ruthlessly
⢠After these rules, why khaps
are now also rulling???
20. Khap in Haryana.
⢠Ahlawat Khap, Rathi Khap,Balyan Khap, Gurjar Khap, Bhadana
Khap, Kalsiyan Chauhan Rana Khap, Kasana Khap, Khatana
Khap, Bainsla Khap, Bhati Khap, Karhana Khap, Panwar Khap,
Batar Khap, Chhokar Khap, Rawal Khap, Nagar Khap, Dedha
Khap, Tomar Khap and Chouhan Gurjar Khap.
⢠If a married coupleâs gotra is the same or if they have married
in the same or neighboring village, they are told to cease being
husband and wife and live as brother and sister.
⢠One should not forget that the Supreme Court on 19 April 2011
termed Khap Panchayats as kangaroo courts and declared
them illegal.
⢠Khapâs diktat does not end with banning on love marriages or
mobile phones. They also advocated putting restrictions on
wearing jeans for girls. It was blamed that these âobjectionable
clothesâ had a bad effect on young women, provoking eve-
teasing and encouraging young couples to elope.