Khaps can't interfere with constitutional rights: Rajasthan HC
Jodhpur, April 12 -- The Rajasthan high court has issued a series of directions to curb the functioning of khap panchayats and other informal caste assemblies, observing that such bodies cannot interfere with the constitutional rights and personal autonomy of individuals.
"The practice of social boycott, in whatever form, is in direct affront to the fundamental rights guaranteed under the Constitution of India, particularly the rights to equality, non-discrimination 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," justice Farjand Ali said in an order on April 10, while hearing a batch of petitions highlighting social boycott, coercion and intimidation allegedly carried out by self-styled caste panchayats in different parts of the state.
It further observed that the "functioning of Khap Panchayats, though not backed by any statutory recognition, has increasingly led to interference in the personal autonomy of individuals under the pretext of tradition and societal norms". "This court is of the considered view that merely in the absence of a specific law governing such bodies, their actions cannot be permitted to transgress the fundamental rights guaranteed under the Constitution. It is, therefore, expected of the state to take cognizance of the growing misuse of such traditional forums and to consider bringing in an appropriate legal framework to regulate or curb such practices," the bench said.
The court asked the state to consider framing a comprehensive policy and legal framework to prevent and regulate unlawful assemblies and coercive social practices, in line with Supreme Court guidelines in the 2018 Shakti Vahini case, where the apex court had strongly cautioned khap panchayats against interfering in marriages between consenting adults. .
The high court bench noted that the petitions raised "grave and multifaceted concerns" affecting individual liberty, dignity and constitutional protections. It said the issues included social boycott, mental harassment and an atmosphere of fear marked by threats, public humiliation and interference in personal choices. "Such actions. amount to a blatant suppression of the petitioner's fundamental rights, warranting immediate judicial scrutiny and intervention," it observed.
After hearing arguments presented by the state government, the counsels for the petitioners, and the amici curiae, the court reserved its judgment on January 22, which was pronounced on Friday.
The court directed the state government to appoint a nodal officer at the district level to monitor such activities in coordination with the district administration and police. It also ordered the creation of an accessible mechanism for victims to file complaints, with authorities required to conduct prompt inquiries and take action. The Rajasthan director general of police was directed to appoint a senior officer to conduct fair and comprehensive investigations in such cases....
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