The Supreme Court’s scathing indictment of khap panchayats — calling them extra-constitutional authorities whose powers trample upon the individual rights and liberties of citizens — should spur governments to take actions against these community leaders. Without any judicial power vested in them, these self-appointed village courts in India’s rural heartland have been dispensing crude, medieval justice. In many cases, they have given open support to honour killings, which, in effect, ‘legitimises’ murder. Though khaps aren’t affiliated with political parties, the latter, wary of the enormous clout these village elders wield, have refrained from taking any decisive step against the quasi-judicial bodies. 

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As a result, khaps have been enjoying immunity from the law. Now with the top court stepping in, a series of measures will be initiated to clip the wings of these kangaroo courts that have no place in modern society. What the khaps also underscore is the great rural-urban divide — the seemingly insurmountable gap between cities — where disputes are resolved in proper courts of law — and villages, where a bunch of ignorant men, guided by calcified traditions, pronounce life and death sentences on hapless victims and on other occasions issue fatwa against women for wearing jeans or carrying mobile phones. 

The khap is an enduring symbol of patriarchy that has resisted the sweeping changes of the 21st century, which accord equal rights to men and women, at least on paper. If the apex court has its way, and it must, then these illegal assemblies will be brought to justice for their deadly opposition to inter-caste marriages, which result in the killing of young, consenting adults who defied regressive diktats. Now, state governments have to prepare a list of honour-killings that have occurred in districts, sub-divisions and/or villages, and where assembly of khap panchayats have been reported in the last five years. The police have to be alert to any instance of inter-caste marriage or inter-religious marriage happening in their jurisdictions and report it to their seniors to pre-empt actions that a khap panchayat might be tempted to take. If, despite police warnings, a khap does indeed hold meetings and pronounces verdicts that might cause harm to people, then the organisers and attendees will be liable to criminal prosecution.

Since officers of the rank of deputy superintendent will be video-recording the proceedings of the khap, it will be the basis for legal enforcers to take action. If need be, the District Magistrate/Sub-Divisional Magistrate of the concerned area can issue prohibitory orders under Section 144 CrPC and order arrests under Section 151 CrPC. The fear of the law will then act as a deterrent to the khaps who have enjoyed a free reign till now. The khaps are a perversion of justice and the sooner they are rendered toothless, the better it is for the society. The loss of innocent lives for the flimsiest of reasons cannot be condoned.