Khap

khap panchyat

1. Khap panchyat By- Mahesh Singh

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. What is gotra? Gotra’ is a lineage that is associated to an individual at his/her birth. The father’s 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 Indi a(kerla) and one can marry into his/her mother‟s 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.

5. 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

6. Strenghts and Merits of khap panchyat Historic past of ‘Khap Panchayats’ indicate their success rate in success of peasant’s movements, labour movement and socio-economic and political reforms for the deprived sections of society. It has been acting as a great ‘pressure group’ . 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 girl‟s marriage, provide help to poor families by giving them land for agriculture, solving disputes among the families, etc.

7. Strenghts and M erits of khap panchyat 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 Proof s but khaf makes decision only on the the basis of reality .

8. 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.

9. Demerits and weakness of khap panchyat Its rigidity on ‘Gotras’ issue, dominance of single caste, no active participation of other castes, excessive participation of illiterate or semi illiterate people, taking extreme steps for ‘honor killing’ of youth for getting married within the same gotras, no change in accordance with time, are some of weakness of ‘Khap Panchayats’ 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.

10. What is honour killing??? H onour 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 „gotra‟ (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 western‟ 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.

11. Khap panchyat-a killer machine!!!! P ut 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 fro m his possession . Hu g e fines and penalties are imposed. The guilt of a woman is judged by forcing her to fry ‘Puris’ bare handed in the boiling oil in the cauldron. If her hands burn, she is declared guilty .

12. What is Kangaroo or shalishi courts in india??? 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

13. 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 3 5. 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 “unanimous.” 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???

14. Are intercaste marriages are completely banned????? Why villagers obey khap panchyat's decision??

15. 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 couple’s 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. Khap’s 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 ‘objectionable clothes’ had a bad effect on young women, provoking eve-teasing and encouraging young couples to elope .

16. My views

17. Thank You