SC: Khaps can’t strike down consenting adults’ wedding

Upholding the freedom of choice of two consenting adults to get married as a part of their individual liberty, the Supreme Court on Tuesday directed the State Governments and police to take strict measures to curb honour killings and to punish groups or associations known as Khap Panchayats, or  any others,  for conspiring or abetting such crimes.

As a first step, the Bench headed by Chief Justice Dipak Misra directed all States to compile data of such districts/sub-districts and villages where honour crimes occurred or Khap Panchayats assembled in the last five years. Based on this information, 24-hour special cells will be established in such district headquarters to receive complaints from aggrieved couples facing threats from Khap Panchayats or such other group of persons.

An officer of the rank of Deputy Superintendent of Police shall conduct a preliminary enquiry into such complaints within a week and report to the SP. If the involvement of the members of Khap Panchayat is found, they will  also be charged for the offence of conspiracy or abetment.

These district headquarters will also have a safe house to provide shelter to the runaway couple. They will be given protection by the State police, who may even provide logistical support for their marriage under police protection and allow them to stay at the safe house for a period ranging from one month to one year.

The court order came on a PIL filed by NGO Shakti Vahini that claimed a spurt in honour killings. According to National Crime Records Bureau, 288 cases of honour killings were reported between 2014 and 2016 across the country.

The Bench, also comprising Justices AM Khanwilkar and DY Chandrachud, said, “honour killing puts the rule of law in a catastrophic crisis” and were of the opinion that, “class honour, howsoever perceived, cannot smother the choice of an individual which s/he is entitled to enjoy under our compassionate Constitution….the old order has to give way to the new.  Feudal perception has to melt into oblivion paving the smooth path for liberty.”

The Court took both State and police to task by directing that despite complaint, if a honour crime takes place, the concerned police officer will be departmentally proceeded with and punished within six months. Meanwhile, trial in such crimes shall also conclude in six months.

Presently, a bill to punish honour crimes titled “The Prohibition of Interference with the Freedom of Matrimonial Alliances Bill” is under consideration of the Government and 21 States have consented to make honour crimes a separate law altogether.

CJI Misra, writing the judgment for the Bench, rued that despite social advancement honour killing still persists. “It has to be constantly borne in mind that rule of law as a concept is meant to have order in a society. It respects human rights. Therefore, the Khap Panchayat or any Panchayat of any nomenclature cannot create a dent in exercise of the said right,” the judgment said.

The CJI said honour killing guillotines individual liberty, freedom of choice and one’s own perception of choice recognised under Articles 19 and 21 of the Constitution. He emphasised that ‘Khap Panchayats’ or such assembly should not take the law into their hands and further cannot assume the character of the law implementing agency.

The Court directed that at the receipt of a complaint that a Khap Panchayat is to assembly, the Deputy Superintendent of Police shall try to dissuade such a meeting and if they persist, the officer shall be personally present during the meeting and even videograph the proceedings for future action. He may then submit a report to the District Magistrate/Sub-Divisional Magistrate for issuing prohibitory orders under Section 144 CrPC.