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Regular-article-logo Monday, 23 December 2024

Stay out, SC tells khap panchayats

The Supreme Court on Monday said neither individuals nor groups, much less the society, had the right to interfere in the marriage of two consenting adults, adding only the courts could deal with marital disputes.

Our Legal Correspondent Published 06.02.18, 12:00 AM

New Delhi: The Supreme Court on Monday said neither individuals nor groups, much less the society, had the right to interfere in the marriage of two consenting adults, adding only the courts could deal with marital disputes.

The apex court, however, refused to get into the alleged honour killing of a youth in Delhi last week by the family of a Muslim girl who was in love with him.

Following Ankit Saxena's killing in Delhi's Raghubir Nagar, heavy police deployment has been made to prevent a possible flare-up.

An apex court bench headed by Chief Justice Dipak Misra on Monday hinted that it would constitute a committee of senior police officers to recommend how to deal with vigilante squads and khap panchayats taking the law into their hands to kill people involved in inter-caste marriages.

The bench, also having Justices A.M. Khanwilkar and D.Y. Chandrachud, was dealing with a PIL filed in 2013 by NGO Shakti Vahini seeking directions to the Centre and the states to come out with laws to deal with vigilante squads.

In 2013, the Supreme Court had directed khap panchayats in Punjab, Haryana and Uttar Pradesh to file their response on the legal validity of their functioning as "parallel courts" by restricting the use of mobile phones by girls under 18 years, enforcing a dress code and preventing marriage within the same gotra (clan).

When the matter came up for hearing on Monday, additional solicitor-general Pinky Anand sought two weeks to place on record certain guidelines to be formulated by the government on the issue.

But one of the advocates appearing for a khap panchayat from Haryana pleaded that it was wrong to blame them for the killings. He submitted that the khap panchayats encourage inter-caste and inter-religious marriages.

"What the khap panchayats are opposed to is intra-gotra marriage. Say, I am a 'Hooda', it is an age-old tradition that a Hooda shall not marry another Hooda. They are deemed to have descended from a common ancestor and hence, are siblings," the advocate said.

"Even Section 5 of the Hindu Marriage Act of 1955 prohibits marriage between sapindas (gotra).... Scientifically also it has been proven that such consanguineous marriages have a disastrous impact on the genetics of the children," the advocate added.

CJI Misra retorted: "Where two consenting adults agree to enter into matrimony, no individual, group or society shall interfere with the marriage or harass the couple."

The advocate persisted that the khap panchayats should be heard as it involved interpretation of the Hindu Marriages Act, which prohibited same-gotra marriage.

"We are not concerned with the khap panchayats. Nobody, neither the society nor the parents or other relatives of either party to the marriage can interfere," Justice Misra said.

"We are not writing an essay here. We are not concerned with the sapinda or gotra. We are only interested in the decision of two adults to get married," the Chief Justice said.

"If any issue arises in respect of the marital status or property, the court shall be entitled to decide the same. The children may be legitimate or illegitimate, that may be for determination in a partition suit. Similarly, even the marriage may be null and void. But you keep out of it. No third party shall interfere," Justice Misra said.

A lady advocate appearing for a khap panchayat referred to the recent killing of Ankit.

"There was this recent killing of Ankit Saxena..." she began, but Justice Misra cut her short. "Please don't raise that issue. We are not on that."

The court later posted the matter for further hearing to February 16.

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