16A070

GUJARAT NATIONAL LAW UNIVERSITY

Sociology Research Project

on
Khap Panchayat in Today’s World
This article is submitted in partial fulfilment of the academic
requirements for the

Subject ‘Introduction to Sociology’

Submitted to:-
Prof. Saurabh Anand (Faculty Supervisor)

Submitted by:-
Jagdish Chowdhary, 16A070

Semester II

Batch- 2016-21

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 GNLU Project* Details and Academic Integrity
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(Seminar paper/Research paper/Project/Article)

Student Name: Jagdish Chowdhary

Registration No. and 16A070

Semester:

Subject: Introduction to Sociology

Faculty Member: Prof. Saurabh Anand

Faculty Member Assistant:

Allocation Date: 25 Jan’2017

Title Registration Date: 10 Feb’2017

Reason for selection of title: Since I come from a rural and backward community of
the same topic.

Synopsis Filing Date: 25 Feb’2017

Final Version Filing Date: 3 April’2017

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Table of Contents

I)
Introduction....................................................................
.....................4

II) History of
Khap................................................................................
.5

III) Khap and its

functioning.................................................................5

IV Khap oppressing
Dalits ....................................................................6

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V) Khap and Honour
killing..................................................................7

VI) Sociological understanding of the

case..........................................9

VII) Impact of the

judgement................................................................10

VIII) Recent developments in and by

Khap........................................11

IX) Conclusion and

Propositions...........................................................12

X)
Bibliography....................................................................
.....................13

1. INTRODUCTION

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“Khap is not part of Indian Culture and I am appalled to see somebody
say it’s part of Indian Culture”
-
P. Chidamabaram

Attacking Kejriwal’s Aam Admi Party (AAP) for defending khap,

Chidambaram said, “(it’s) rubbish. Must have the courage to stand up
and say these retrograde practices are not part of India’s culture… These
are simply (organisations of) self serving individuals who propagate this
poisonous culture”.1
Panchayat consists of an assembly of 5 prudent and respected elders
(usually powerful) chosen and accepted by the village community. The
mighty and powerful persons, form public consensus and without any
election group together and declare themselves ‘the representatives of
the caste’, thereby constituting the caste panchayats. The “Khap” is an
traditional concept which has written references dating back from the
Rig Vedic times. There are basically socio-political groups, which usually
comprise of the upper caste and elderly men who are united by
geography and caste.
The word Khap is derived from Latin word “corpus” which means an
organization of individual. Hence khap is a term for a social political
grouping and used in geographical sense2

1
P. Chidambaram, Khap Panchayats, IENATION, https://www.youtube.com/watch?v=ak4s8sgSC9E (Feb. 6,
2014).
2
Manbir Bhinder, Khap Panchayat adjudicating cultural dishonour?, LEGAL SERVICES INDIA,
http://www.legalservicesindia.com/article/print.php?art_id=1610 (Dec. 14, 2013).

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 2.HISTORY OF KHAP

The exact origin of khap panchayat is till date not known but is believed
to start back in 600 AD. In ancient times, during the time when man was
living a nomadic life, villages were being formed at a rapid rate and man
was heading towards civilization and better standards of living. Even
after this rapid modernization and civilization, a lot many villages and
tribes continue to exist in all parts of India which have their own customs
and traditions and different activities to deliver justice to their people.
Sometimes, there is a council of five people of the elder class of the
village for the matters of justice, which is called “Panchayat”. Sabha or
Samiti, i.e., gathering or assembly are the forms of governing society in
the village. The “Sabhapati” was elected, who is the president of sabha.

The term khap has been used in the geographical sense since it has
covered areas and organizations in the north western Indian states such
as Haryana, Rajasthan and Uttar Pradesh since ancient times. This
political and social unit has been believed to be a group of 84 villages.
Since it is a socio-political organization, it comprises of the clans [sub-
castes], castes and communities at the regional level.3

3.KHAP AND ITS FUNCTIONING

Khap Panchayats have been implementing their orders taking into
knowledge the damage to the culture of the particular caste it

3
Khap Panchayat, LAW TEACHER, https://www.lawteacher.net/free-law-essays/constitutional-law/khap-
panchayat-law-essays.php (last visited April 07, 2017).

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represents. However some orders of it creates controversies and hence it
is labelled as retrogate cultured.
After a video showing a 15-year-old girl being forced to strip by her
school director was widely circulated on WhatsApp, a khap panchayat in
Etah district has banned the use of cell phones by girls below 18.4
A khap panchayat in Haryana's Jind district has blamed consumption of
chowmein behind the growing incidents of rapes in the state saying it
leads to hormonal imbalance.5
A person could not marry for 2 years in a village since he asked for
dowry.6
Haryana Khap panchayats says marry them young to avoid rape cases.7

4.KHAP OPRESSING DALITS

It known fact that dalit and adivasis are the most oppressed
communities in India. May it be caste discrimination or educational
discrimination in school .
“In school, even our touch was considered “polluting”- a breach was
often followed by verbal abuse by the children of dominant castes and by
teacher as well. A common practice was there of us sitting at the back
benches of classroom”
- Dalit Child

India might have taken rapid strides economic wise but it is

considered backward socially. Caste discrimination is not a new
thing in India.

4
UP Khap bans Cell Phones, TIMES NOW, http://www.timesnow.tv/india/article/up-khap-bans-cell-phones-for-
girls-under-18/45461 (July 05, 2016).
5
Manveer Saini, Haryana Khap blames, TIMES OF INDIA, HTTP://TIMESOFINDIA.INDIATIMES.COM/INDIA/HARYANA-KHAP-
BLAMES-CONSUMPTION-OF-CHOWMEIN-FOR-RAPES/ARTICLESHOW/16829882.CMS (OCT. 16, 2012).
6
Sandeep Rai, Ask for dowry?, INDIATIMES, http://www.indiatimes.com/news/india/ask-for-dowry-you-cant-get-
married-for-2-years-in-this-village-231783.html ( April 11, 2016).
7
Haryana Khap, NDTV, http://www.ndtv.com/india-news/haryana-khap-panchayats-says-marry-them-young-
to-avoid-rape-cases-501147 ( last visited April 7, 2017).

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Khap Panchayats out castes a person of it’s community if he
honours a person of dalit community, offers water, sits beside him
or any form of social connection. Where as they are the people
who toil in the farms of upper caste people. If they are
untouchables then why do they eat the harvest that dalit harvests.
It is Khap in rural areas which acts as judiciary in itself. Hundreds
of dalits from Nagaur district's Dangawas and surrounding villages fled
for their lives after the region's dominant upper caste, the Jats on
recommendation of Khap, mowed down three dalits under tractors, and
grievously wounded a dozen others following the flaring up of a decades'
old land dispute.8
Though the incident is not officially noted anywhere but it is something
sparks into mind on hearing the name ‘Khap’. A dalit woman was raped
by a person of Jat caste. Since the woman was not financially strong as
well as illiterate, she could not lodge any complain in police. The matter
was taken to Khap and it found the person guilty of rape. He was ordered
to give 2 gunnybags of wheat as compensation to that woman. Is the
value of a dalit woman’s chastity worth 2 gunnybags of Wheat.

5.KHAP AND HONOUR KILLING

If anyone is caught defying the rules, the khap imposes social boycotts,
fines and in some case, if not most, enforced honour killing. The long and
gory history of khap panchayats have claimed many innocent lives and
given the most heinous verdicts. The story of their brutality is a blotch on
our democracy and constitution. There have been several PILs against
many of their verdicts where the Supreme Court has firmly stood with
the victims, making it even more difficult to understand the delay in

8
Jats crush 3 dalits, TIMES OF INDIA, http://timesofindia.indiatimes.com/india/Jats-crush-3-dalits-under-tractors-
in-Rajasthan/articleshow/47304040.cms ( May 16, 2015).

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repealing their existence once and for all. Their various diktats have lead
to extreme cases of violence against the ‘offenders’.9

Right from deciding the dress code for females to ensuring no interaction
between the two genders, to honour killings all in the name of
maintaining cordial relations between villages seems ludicrous.

Two sisters belonging to dalit caste fled to Delhi fearing of their lives
after their brother eloped with a woman of Jat caste. The elder sister,
Meenakshi Kumari, then approached the Supreme Court, alleging Khap’s
order of their rapes as an avenge and parading them naked in the
village.10

Following are some of the cases exhibiting the viciousness and lack of
respect for life by khap panchayats:

Manoj and Babli honour killing:

In the infamous Manoj and Babli honour killing, the two new wed were
killed in June 2007. The killing was ordered by a khap panchayat in their
Karora Village in Kaithal district, Haryana. Both were given Police
protection; however the policemen slipped away after leaving them at
Peepli village. That is when Babli’s family members kidnapped them
and killed the couple in cold blood. Their bodies were fished out of a
canal where they were thrown after being wrapped in gunny bags.

Mamta Bai case

A woman named Mamta Bai from Rajasthan got served with an order to
live with a man whose wife eloped with her husband by the Khap of
Notara Bhopat village. She was asked to either pay a compensation of Rs
3 lakhs or live with Rajendra Meghwal. She also alleged that a large
9
5 Decisions by Khap, WOMEN’S WEB, http://www.womensweb.in/2015/09/5-decisions-by-khap-panchayats-
took-us-back-dark-ages/ ( Sept. 18, 2015).

10
Indrani Basu, 9 Things about Khap, HUFFINGTON POST, http://www.huffingtonpost.in/2015/09/08/dalit-girls-
india_n_8095322.html ( July 15,2016).

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stone was lobbed at her home which lead to the arrest of Rajendra’s
brother. 

Stripping and beating of a woman

In Kolar village, Sarda Tehsil of Udaipur, a married woman and the 28 –

year old man with whom she had eloped got brutally punished by the
villagers after forcibly making them return. Villagers tied them to trees
and stripped the woman in full view and snipped her hair. After that,
they relentlessly beat up the couple.

What is terrible is that in many cases the Police tends to turn a blind eye
to these diktats and even denies the charges by the victims but pretends
to come to their rescue after the crime is committed. The khaps are
taking away lives ferociously and setting new records of barbarity.
Because of the failure of Panchayati Raj and judicial delays these courts
will always be famous, limiting the personal liberty of men and women. It
is high time for us to make more noise against this regressive set up of
mob-operated courts on the basis of caste.  Every time a diktat is passed
by them we go further back into the dark ages. It is a medieval and
feudal system which has no place in any country of the world.11

11
Ibid. (n9).

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 6.SOCIOLOGICAL UNDERSTANDING OF THE
CASE

The Manoj–Babli honour killing case was the honour killing of Indian

newl weds Manoj Banwala and Babli in June 2007 and the successive
court case which historically convicted defendants for an honour killing.
The individuals involved in the murder included relatives of Babli
(grandfather Gangaraj who is said to have been a Khap leader, brother,
maternal and paternal uncle and two cousins). Relatives of Manoj,
especially his mother, defended the relationship. The killing was ordered
by a khap, a religious caste-based council among Jats, in their Karora
village in Kaithal district, Haryana.

Khap Panchayat prohibits Sagotra and inter-caste marriage. The

marriages are governed by Khap on three important principles; those
are:

(a) Marriages within the same Gotras is forbidden since in that case a
boy and girl are regarded as a brother and sister;

(b) Marriages in the different Gotras are forbidden if a boy and girl
belong to the same village or physically adjoining villages;

(c) Inter-caste marriages are strictly barred. 11 Sagotra Marriages are

not prohibited by law whatever may be the view in olden times. The
Hindu marriage Disabilities Removal Act, 1946 was enacted with a view
to dispel any doubts in this regard. The Act expressly declared that
marriage between the Hindus belonging to same Gotras or Parivara or
different sub-division of the same caste is valid. The Hindu Marriage Act,
1955 does not prohibit Sagotra or inter-caste marriage. The views of
village elders or family elders or family elders cannot be forced upon the
willing couple and none has a right to use force or impose far reaching
sanctions in the name of vindicating community honour or the family

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honour. There are reports that drastic actions including wrongful
confinement, persistent harassment, mental torture, infliction of severe
bodily harm are resorted to either by the close relations or some third
parties against the so called erring couple either on exhortation of some
or all the Panchayats or with connivance. Social boycotts and other
illegal sanctions affecting the young couple, the families and even a
section of local inhabitants are quite often resorted to. In Arumugam
Servai vs. State of Tamil Nadu, the Supreme Court strongly deprecated
the practice of Khap Panchayats taking law into their own hands and
indulging in offensive activities which endangers the personal lives of the
persons marrying according to their choice.12

Khap demands an amendment to the Hindu Marriage within the same

gotra marriage.13

7. IMPACT OF THE JUDGEMENT

Khap Panchyat imposes its order through social boycotts and fines. Those
belonging to same gotra (clan) are not allowed to marry in the
communities having Khap Panchayats. Many young couples marrying in
the same clan as well as their families have been socially boycotted or
killed in the past for defying Khap rules as in the case of Ganga Raj v.
State of Haryana.

The family of Manoj even today after years of the Honour Killing (killing a
relative especially who has brought dishonour on the family) is under
threat and has been socially boycotted in the village. Though the culprits
excluding Ganga Raj have been punished by the High Court but the
society is still in support of Khap for both are against same clan
marriage.

12
Dr. G.S Rajpurohit and Dr. Anand Prakash, Khap Panchayat in India, IJAPRR,
http://www.ijaprr.com/download/1440420838.pdf (last visited April 07, 2017).
13
Sarv Khap demands ban,THE HINDU, http://www.thehindu.com/news/national/other-states/sarv-khap-
demands-ban-on-same-gotra-marriages/article6715525.ece (Dec. 22, 2014).

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 8.RECENT DEVELOPMENTS IN AND BY KHAP
Khap Panchayats known notoriously for its illegal diktats is also
lending helping hand in developmental activities of the developing
India.
Some of the works undertaken by Khaps are:
 A khap panchayat in Haryana's Jind district has resolved to
enforce a ban on the use of drugs in its area of influence. 14 This
positive step by the Jind Khap can curb the opium addiction
(mainly used by the youths.)
 In a ray of hope for girls, who are not encouraged to go to
colleges after schooling in the state, four khap panchayats --
Nogama (Jind), Satrol (Hisar), Rathee gotra and Meham
Chaubisi Sarv Khap Panchayat (Rohtak) - have initiated a
campaign to persuade them to continue education. Around 80%
girls of his Bass village were not able to continue studies in

14
Deepender Deswal, Haryana Khap bans drugs, TIMES OF INDIA,
http://timesofindia.indiatimes.com/india/Haryana-khap-bans-drugs/articleshow/18915962.cms (Mar. 12,
2014).

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 colleges because of security concerns or lack of institutes in
nearby areas.15
 Biblipur has become a household name across Haryana and
beyond, thanks to a family which used its education and
knowledge to involve Khaps in a campaign against female
foeticide and for women empowerment.16

 Amending more than 600-year-old norms, a khap phanchayat

has allowed inter-caste marriages.The historic decision was
taken by a five-member committee of the Satrol khap panchayat
in Narnid village of the district.The panchayat also allowed
marriages within 42 villages under its jurisdiction, which till
now was banned. The khap, however, continued to ban inter-
caste marriages in the same and bordering villages and same-
gotra marriages (every Khap amongst Gurjar, Jats, Dewasis etc.
Considers it to be against its culture and ethics).17

9.CONCLUSION AND PROPOSITIONS

Khap Panchayat enjoys more power than the democratically elected

Panchayat even though its power and authority is unstated. No
constitutional authority has not done much to control their power.

15
Sukhbir Siwach,Khap’s campaign for Girls’ education, TIMES OF INDIA,
http://timesofindia.indiatimes.com/india/Haryana-khaps-launch-campaign-for-girls-
education/articleshow/36459145.cms (Jun 13, 2014).
16
Gaurav Vivek Bhatnagar, Taping Khap power to fight female foeticide, THE HINDU,
http://www.thehindu.com/todays-paper/tp-national/tapping-khap-power-to-fight-female-foeticide-in-
haryana/article4007590.ece (Oct 18,2012)
17
Haryana Khap allows inter-caste marriages, IENATION, http://indianexpress.com/article/india/india-
others/haryana-khap-panchayat-allows-inter-case-marriages/ (April 21, 2014).

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These Khaps infamous for their diktats against same gotra marriages
have also contributed much to society by putting an end to Drugs. Their
relentless campaign for girl education has lead to women empowerment.
Khap has also come forward to help in increasing the startling sex ratio
in Haryana by using its power with social workers against Female
foeticide.I t has also nodded to inter-caste marriages. Most of the Khap
efforts are successful.

All that Khap opposes is same clan marriages. Either government should
accept the demand of banning same gotra marriages in Hindu Marriage
Law or it should have a proper machinery to control the power of this
mighty body backed by community as a whole. Going against a
community and taking strict action against it looks difficult since the
region would be in an anarchic state and even political parties would
oppose it since they enjoy a huge vote bank from these communities.
Hence it would be wise enough to acknowledge Khaps and have a
balanced control over them.

Bibliography

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 Cases

 Ganga Raj v. State Of Haryana.

 Arumugam Servai vs. State of Tamil Nadu.

Statutes

 Hindu Marriage Act, 1955

Websites

 International Journal of Allied Practice, Research and Review.

 The Times of India.
 Women’s Web.
 The Indian Express.
 The Hindu.
 Huppington Post
 India Times
 NDTV
 Law Teacher
 Times Now
 Youtube

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