SC says Khap panchayats can't scuttle, block marriages: Top 10 developments

The Supreme Court on Tuesday ruled the interference by illegal assemblies, like 'khap' panchayats, in marriages of two consenting adults as "absolutely illegal" and laid down guidelines to prevent such intrusions. A Bench of Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud said the norms laid down by the apex court would remain in force until a suitable legislation was enacted by Parliament. The apex court's judgment came on a plea by an NGO called Shakti Vahini. The plea urged the apex court to address the issue of bodies like Khap panchayats issuing diktats and interfering in marriages that did not meet their approval. Sending out a stern message to Khap Panchayats, the Supreme Court had in February cracked the whip against them and told them to "not become conscience keepers" as the "law will take its own course". Further, the apex court had stated that it was in the jurisdiction of the courts to decide if a marriage was legally valid or not. The Supreme Court had pulled up Khap Panchayats for taking the law into their own hands. Here are the top 10 developments in the Supreme Court ruling on Khap interference in marriages: 1) Khap interference in marriages 'absolutely illegal': The Supreme Court on Tuesday ruled as "absolutely illegal" the interference of any illegal assemblies, like khap panchayats, in a marriage between two consenting adults. The apex court laid down guidelines to prevent such intrusions. 2) Supreme Court's norms to stay in force till Parliament brings a law: A Bench of Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud said that the norms laid down by the Supreme Court would remain in force until Parliament enacted a suitable legislation. The Bench laid down remedial and preventive measures that would operate until a statutory framework to deal with such instances was put in place. ALSO READ: Khap interference in marriages absolutely illegal: SC 3) Order comes on NGO Shakti Vahini's plea: The Apex court disposed of a petition filed by the NGO Shakti Vahini against Khap Panchayats seeking directions to the Centre and state governments for preventing honour killings.

The judgement came on Shakti Vahini's plea urging the apex court to address the issue of bodies like the Khap panchayats issuing dictates and interfering in marriages. 4) 'States must provide protection to couples': The Centre on March 7, 2018, had told the Supreme Court that the states must provide police protection to couples who feared for their lives because they had entered an inter-caste or inter-gotra marriage. ALSO READ: SC asks khap not to behave like society's conscience keeper 5) 'Do not become conscience keepers of society': Today's Supreme Court ruling comes after the apex court in February had cracked the whip against Khap Panchayats and told them to "not become conscience keepers" of society as the "law will take its own course". The apex court had further stated that it is in the jurisdiction of the courts to decide if marriages are legally valid or not, and pulled up Khap Panchayats for taking the law into their own hands. 6) 'Nobody should interfere in a marriage between two adults': In February this year, the Supreme Court had said that when two adults marry, no one can interfere with or disturb them. "Nobody should disturb them. Nobody should try to create any kind of fear. In a marriage, no third party can have any say," said the Bench headed by Chief Justice Dipak Misra. "Whether it is parents, society or anyone, they are out of it. No one, either individual or collective, or group, has the right to interfere with the marriage," Chief Justice Misra said. ALSO READ: SC slams Khap Panchayat, asks Centre for suggestions to protect couples 7) Khaps' arguments fail in court: The strong observation from the apex court had came as the counsel defending the role of Khap Panchayats had told the court that they were not opposed to inter-caste or inter-religious marriages. Instead, the counsel had said that they were advancing the centuries-old tradition of prohibiting marriages within the 'sapinda' or 'gotra' (lineage). The court was told that the khaps were strongly opposed to honour killings. However, Chief Justice Misra had told the counsel that if something was illegal or prohibited under the law, then the law and the court would take care of it and not the khap panchayat. 8) Today's Supreme Court ruling reflects what it had said in January: On January 16, 2018, the Supreme Court had said that the attacks on those opting for inter-caste marriage were "absolutely illegal" and no khap panchayats, individual or the society can question any adult woman and man marrying of their own choice. ALSO READ: Meet the guardians of love who protect young couples from Khap panchayats 9) Court stepped in since the Centre failed to protect couples? Earlier, on January 16, the apex court had rapped the Centre for failing to prevent attacks on couples who had entered into inter-caste marriages. The three-judge Bench had said, "If the Centre does not act against Khap Panchayats, then the court will step in." In January, the Bench had told Additional Solicitor General (ASG) Pinky Anand, who represented the Centre, that if the government does not come out with its suggestions, then the court would pass order on the suggestions given by senior advocate Raju Ramachandran, who was assisting the court as an amicus curiae. 10) Khap panchayats explained: Khaps are caste or community organisations, particularly in the rural areas of north India, which at times act as quasi-judicial bodies and pronounce harsh punishments based on regressive and age-old customs and traditions.