AN APPRAISAL OF KHAP PANCHAYATS: ISSUES AND CONCERNS†

Vijender Singh Beniwal*

ABSTRACT

For many Indians the tryst with globalistion and liberalisation heralded a new era for Indian
democracy where traditional sources of power and privilege, such as caste, class, gender, would
become democratized and, eventually, melt away. But this optimism was perhaps over simplistic,
if not rather premature. Because the number of cases [regressive feudal consciousness] in which
the totally unconstitutional khap/caste panchayats especially in North India have openly defied
the law of the land by issuing illegal diktats has increased manifold. The vital question is
whether these all-male, unelected ‘khap panchayat/s’ should be allowed to exist in modern India.
This article is an attempt to examine the basis of the khap panchayat’s existence and continued
strength in 21st century. Additionally, the study analysed the discriminatory as well as derogatory
practices which are very much prevalent in north India especially in Haryana.

Key words: Haryana, India, Khap panchayats, women.

†
This paper is published in Japdeep Singh & Anju Beniwal (eds.), Panchayati Raj and Rural Development, Pointer
Publishers: Jaipur, 2015.

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Introduction
These days, the very mention of Khap Panchayats brings to mind horrifying images of murdered
couples who married for love or of women being gang raped for falling in love outside the
community. In Haryana and Western UP this body is an institution which refuses to embrace
modernity. The all powerful Khap Panchayats consisting of village elder’s form on the line of
caste or community are motivated by the need to perpetuate a feudal and patriarchal order. In
Haryana and Rajasthan, Khaps usually consists of upper caste people (Hodas, Sheorans, Ruhals,
Punias, and Sangwans, Maliks) with larger lands as well as muscle power. These self styled
guardians of the rest of the members of the village or concerned society impart justice at their
will. They issue diktats to ostracize families, declare marriages as void, declare husband and wife
as brothers and sisters and give various other discriminative and derogatory orders. In their
system a girl falling in love with a boy from the same gotra‡ is the worst crime possible and is to
be translated into immediate willful punishment, such as the guilty can be expelled from the
village made to drink urine, paraded naked, beaten up or killed. Their families are also boycotted
and some time made to paid heavy fines.

Accepting the predominantly chauvinistic nature of the self styled courts,” Justice Verma
Committee report denied the khaps having any sanction under law.§ The people affected by
khaps i.e, Haryana and Uttar Pradesh (West) defend khap as being a part of their tradition and
age old culture. Khap is a way of honouring their culture and the values their ancestors taught.

This article is an endeavor to scrutinize the basis of the khap panchayat’s existence and
continued strength in the epoch of liberalisation and globalisation. Additionally, the study
analysed the discriminatory as well as derogatory practices which are very much prevalent in

‡ Gotra was a brahmanical institution. In Atharveda, the word first appears with the meaning of the clan, which it
has retained with a special connotation. Gotras are exogamous and members of the same gotra are found in many
castes. All Brahmins were believed to have descended from one of the Rishis or legendary seers, after whom
the gotra was named: Kasyapa, Vasistha, Bhrgu, Gautama, Bharadvaja, Atri and Visvamitra, Agastya. These
primeval gotras were multiplied in later times by the inclusion of the names of many other ancient sages. The chief
importance of gotra was in connection with marriage which was forbidden to persons of a common gotra. See
Richard Lannoy, The Speaking Tree: A Story of Indian Culture and Society, London: Oxford University Press,
1971; G.S. Ghurye, Two Brahmanical Institutions: Gotra and Charana, Delhi: Popular Prakashan, 1972; Upinder
Singh, Rethinking Early Medieval India: A Reader, Oxford University Press, 2011.
§ See report of the JS Verma Committee Report (available at)
http://www.prsindia.org/uploads/media/Justice%20verma%20committee/js%20verma%20committe%20report.Pdf

2
north India especially in Haryana. The paper consists of four parts. First part deals with meaning
and concept of khap panchayats and their historical genealogy. The second part discusses the
rationale of their ascendency in modern time. The assessment of khap panhayats’ functioning is
carried out in the third part. The fourth part charts out strategies to stamp out khaps’ illegal
activities. Conclusion is incorporated in the final part.

Panchayat – Meaning and Definition

The word panchayat is a derivative of Sanskrit root panca, ‘five’ plus ayatta, ‘depending upon’
meaning a group of five older men acknowledged by the community as its governing body. In
rural India, it is referred to as any community meeting of any number of men. It is the most
commonly used dispute - processing forum in a village. The panchayat usually entails a series of
meetings with differing degrees of privacy, leadership, and consultation with various members
[Cohn 1959; Meschievitz and Galanter 1982; Moog 1989, 1991; Sharma 1978].

The panchayat is the oldest form of dispute processing practice in rural India. However, such a
practice is not unique to India only. Rather it is an ancient practice and is found almost all over
the world in one form or the other. In Persian it is known as Majlis, in Pashto it is called Jirga, in
Bangladesh it is called Shalish and in Arabic it is known as Sulha. This institution is similar in
many respects to the institution of Jirga in Afganistan [Carter and Connor 1989; Elphinstone
1992; Gletzer 1998; Olesen 1995], Soviet in former Soviet Union [Jeffrey 1988: 55], Mediation
Committees in China [Clark 1989; Li 1978] and tribal councils in Pakistan.

These types of traditional panchayats are found throughout the Indian subcontinent. They are
called by different names at different places like Khap in Haryana, Pal among Meos of Haryana
and Rajasthan, Shalishi** adalats, Hatu panchayat and Parga panchayat among Munda Tribe of
Jharkhand, Peddala panchayats (elders) in Visakhapatnam district, Kula caste panchayats elders
in East and West Godavari districts of Andhra Pradesh respectively. This type of local informal
justice system has been the basis for administering rural justice in the Indian subcontinent since
the ancient time [Khan and Sharma 1973: 1]. Although they are called by different names, but
their main characteristics are more or less the same, that is, informal and localized.

** Shalishi, a Bengali word of Persian origin, means mediation or arbitration.

3
The initial unit of organizational hierarchy of Khap Panchayat†† is the village which spread over
an area. It begins with the family and keeps on organizing numerous of families, known as
‘Thola’. The formation of many ‘Tholas’, constitute a ‘Pana’ or ‘Patti’. Village is formed by
many Panas. And further the group of different villages form a ‘Tapa’, ‘Thamba’ ‘Chaugama’,
‘Pachgama’, ‘Athgama’, ‘Chaubisi’ and so on.

Historical Genealogy of Khap Panchayats

Ancient society had organized itself into clans or under Panchayat system. A clan at that time
was based on one large gotra or a number of closely related gotras. Decisions relating to the
activities of these social groups were made under the aegis and with the consensus of a Council
of five elected members. In time of danger, outside invasion, or other kinds of crises, the whole
clan rallied under the banner of the Panchayat and a leader would be chosen by the Assembly. A
number of villages grouped themselves into a Guhaand. A number of Guhaands formed a 'Khap'
(covering an area equal to from a Tehsil to a District) and a number of Khaps formed a 'Sarva
Khap' embracing a full province or state. For example, there was a "Sarva Khap" each for
Haryana, West UP, Malwa etc.

The origin of the word ‘khap’ is derived from the word ‘faank’, meaning an off-shoot or fraction.
Historically the word khap was used for the first time in Rajasthan in the context of Rajput ruling
class during the medieval period. The first Census report based on religion and caste was
prepared in Jodhpur in the year 1890-1891, thereby dividing the people of India on the basis of
religion and caste/khap. Khaps are largely believed to be started by upper caste jats in the
fourteenth century, to consolidate their power and position. Each clan has a hereditary head man
called as chaudhry. However some of the jat clans have called this position as secretary (wazir).
The clan head man is also the head man of khap council. In case of Haryana, the head of khap
Panchayat is elected in formal manner through consensus.

†† The word 'khap,' a Sanskrit derivative of 'kashtrap,' meaning domain, is an institution which claims sovereignty
over a particular area, 'either in the name of the clan or the gotra which is dominant in that area or by the name of
geographical area’.

4
‘Khap’ is an ancient concept which has written references found back from the Rig Vedic times.
There are basically social-political groups, which usually comprise the upper caste and elderly
men who are united by geography and caste. Hence, Khap is a term for a social political
grouping and used in geographical sense. Khap was a system of social administration and
organization in the republics of North-western states like Haryana, Uttar Pradesh and Rajasthan
in India since ancient times. It is commonly believed that they came into existence sometime
around 600 AD. It is believed to have been started by the upper caste ‘Jats’ to consolidate their
power and position in the community.‡‡ The map below provides an overview of major khap
panchayats existing in Haryana.

(Source: Singh and Singh, 2013: p.110)

‡‡ Saumya Ramakrishnan, “Khaps - Is history now becoming a burden?” available at

http://barandbench.com/content/212/khaps-history-now-becoming-burden#.U1T2r1X6NIg.

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Distinction between Khap Panchayat and Panchayat
First and foremost the ‘Khap Panchayats’ are undemocratic and extra-constitutional bodies. The
khaps are nonelected as well as has no legal existence. They are based on gotra/s and or caste
system; and work like a joint family systems. Traditionally khaps were engaged primarily in
dispute resolution and in regulating the behaviour of individuals or groups especially in rural
North India. But lately these bodies are notorious for their dikats and regressive practices that are
targeting youth especially girls who do not subscribe their obsolete feudal and patriarchal
ideology.

On the other hand village panchayat is a system of local governance. It has constitutional basis
and drives its authority and power from the constitution of India. Principally these democratic
institutions are put in place to foster democracy at grassroot level through elected
representatives. Last but not least village panchayats are constituted under the Panchayat Raj
Act, 1993.

Rationale for Khap Ascendancy

Khaps and kangaroo courts have a great hold on the masses as is clearly reflected in the
empirical study conducted during the period of this study project. Following are some of the
various reasons which can be attributed for such dominance of khaps/kangaroo courts.

While the globalisation 'success' stories of India's megacities of Mumbai and Calcutta (Kolkata),
the silicon valley of Bangalore, and the traditional seat of political power, Delhi, have been
transformed, other parts of India have fared less well. Non-metropolitan places in India have an
urge to hold onto everyday markers, rituals, practices, values, beliefs and to revive what are seen
as 'local,' 'authentic,' 'pure' and to 'recover lost local traditions' that provide continuity in
uncertain times (Giddens 1991, p. 81).

Globalisation and liberalisation may have sharpened the contradiction between evolving socio-
cultural patterns and well-entrenched feudal-patriarchal codes, and opened the way for various
'social fundamentalisms' to appear that sustain local hegemony. Local hegemony entails ‘a fine

6
balance'§§ between unscripted coercion and consent in people's everyday lives.*** As Christine
Chin and James Mittelman (2000) remind us hegemony 'encompasses whole ways of life: it is a
dynamic lived process in which social identities, relations, organisations, and structures based on
asymmetrical distributions of power and influence are constituted by the dominant classes.' The
ascendancy of the khap (caste) panchayat (assemblies) system in local and national politics in a
globalised India is illustrative of this point. Khap panchayats provide an alternative system of
unelected governance, implement patriarchal codes and legitimise the use of particular forms of
gendered violence (or gendered 'honour' killings).

1. Weakness of Local Self Governance Institutions: The inherent weakness of democratically

elected Panchayati Raj institutions is one major reason why the Khap Panchayats and other
parallel quasi judicial bodies have emerged as powerful units in the rural heartlands of Haryana
and U.P (West). The Panchayati Raj Institution boasts of having 33% reservation for women.
But such a reservation ends up elected women candidates as mere proxies of their men folk. The
elections for elected Panchayats again are influenced by caste factor majorly due to which khaps
overpower PRI.

Whilst panchayats provided a forum for women, through mandatory quotas, to articulate their
interests, Gopal Niraja Jayal (2006, p. 16) stresses that it is important to understand 'if and to
what extent women's interests came to be represented in these institutional forums.' The reality of
women's experiences at the local level is very different. Many women are unable to actualise
their rights because of various limitations (Katyal 1998). They lack knowledge of their rights and
responsibilities as representatives of the panchayat. Illiteracy (especially among women
belonging to SCs/STs), and restricted mobility, means that they are dependent on male proxies to
attend meetings and make decisions on their behalf (Mohanty and Mahajan 2003). To exacerbate
the problem, entrenched patriarchal attitudes means that women panchayat leaders, especially
women from the lower castes, scheduled castes and scheduled tribes often face a lot of derision

§§ As stunningly illustrated in Rohinton Mistry's book, A Fine Balance, Toronto: McClelland and Stewart Inc.,
1995; also see Arundhati Roy, The God of Small Things, London: Flamingo, 1997.
*** Antonio Gramsci, Selections from the Prison Notebooks, translated and edited Quintin Hoare and Geoffrey
Nowell Smith, London: Lawrence and Wishart International Publishers, 1971, p. 483.

7
for their work and have to endure harassment from the community and their colleagues
(Mohanty 1995).

According to Sangwan (2009, p.309) “They have perpetuated because elected panchayats have
failed to deliver effectively on the issues related to society at large”. “This left-out space has
been occupied by the khaps. They may have been reformist in past but instead of focusing on
issues related to female foeticide, dowry and alcoholism in the society today; their sole
concentration now is only on caste marriages.”More problematic is the fact that while the PRI's
have become advocators of 'civic issues' such as construction of streets/roads, houses, the
responsibility for determining 'social issues' such as problems of adverse sex ratio, anaemia
among women has been appropriated by khap panchayats, through which they are able to exert
power and set the agenda for appropriate and inappropriate behaviour (Yadav 2009).

2. Political Failure: For every politician aiming to get a hold on the jat vote tries to justify the
khaps. Haryana ex-chief minister Bhupinder Singh Hooda and Aam Aadmi Party leader Arvind
Kejriwal are two prime examples of such politicians among others. Mr. Hooda compared khap
panchayats akin to ‘NGOs’ and a part of Indian culture. Aam Aadmi Party leader Arvind
Kejriwal said that he saw no reason to ban these bodies, as they serve a ‘cultural purpose’.†††
Recently Terming khaps ‘custodian of culture’, Haryana CM Khattar also said they were like
"parents minding the children" and often take swift decisions on matters in which the courts are
silent.‡‡‡ To some extent, khaps are waning at the social level, but are getting rejuvenated by
political parties in our country. Politicians want to cash in on ‘primordial ties’ to garner votes.
Politicians publicly distance themselves and their parties from the khaps’ stances but stop short
of any other action.

What cultural purpose khaps serve apart from maintaining a strict patriarchal hold in the society
is a question every sensible person would ask. To quote former Union Finance Minister P.

†††
‘Aam Aadmi Party defends existence of Khap Panchayats’, The Economic Times, 1 February 2014.
‡‡‡
‘Haryana CM Khatter Defends khaps panchayat’, IBN Live 6 December 2014.

8
Chidambaram who believed the khap Panchayats to be retrograde organizations that cannot be a
part of India’s culture - “I am appalled to see somebody say it is a part of India’s culture”.§§§

3. Inordinate Judicial Delays: Expensive and delay in administration of justice by normal

courts is one reason why villagers and local people defend these caste Panchayats, shalishi
adalats etc. is that they deliver the verdict in one sitting whereas court cases drag for years. There
is also a general distrust amongst the villagers of the law enforcement agencies. According to
them, in many cases innocent people get harassed in the court and by police. The Panchs are all
known, so the villagers trust them and are confident that the panchayats cross check everything
to ensure neutrality and administer justice. In other words, khap panchayats was swift to plug the
vacuity engendered by present judicial arrangements and be converted into self-proclaimed
arbiters of local justice. Khap panchayats remain a popular method of rendering justice at the
doorstep of people because they do not involve any money, are less time-consuming and
peaceful negotiations between parties is possible (Sangwan, 2009).

4. Socio-economic Factors: The role of Khap Panchayats has been remarkably appreciated by
the scholars, belong to different streams. The ‘Khap Panchayats’ have been rising socio-
economic and political issues from time to time. The pressing problems which includes
prevention of drinking habits among the villagers, female foeticide problem and dowry system in
the villages are some of vital issues raised by the ‘Khap Panchayats.’In order to put check on
dowry system, a vital role played by the ‘Khap Panchayats’ a conference was held in the year
1950 at the village Beri in the Jhajjar district, where the rules framed by the ‘Khap Panchayats’
were to be followed by everyone, barring any caste, creed and religion (Chaudhry 2006).
Similarly, from time to time various khaps put check on menace of drinking and gambling.

With the advent of globalisation and liberalisation through the New Economic Policy (NEP) in
1991 many parts of India including Haryana has experienced a rapid growth of urbanization and
industrialization has given rise to urbanism in the countryside in Haryana. As a result a
modernization process is influencing the rural youth to a considerable extent. It is because of

§§§ ‘Retrograde avatar of repressive traditions’, The Hindu, 11 February 2014

9
rapid growth of rural income and education. As a result a confronting situation has been
developed with the norms and changing attitude of youth of Haryana state. In the epoch of
globalisation, khap panchayats project themselves as the champion of traditions values, beliefs to
revive what is seen as ‘local’, ‘pure’ and ‘to reclaim lost local identities’ that offer solace and
assurance to community of continuity in the age of capitalist led transformation.

Appraisal of Derogatory Practices of Khap Panchayats

A khap panchayat imposes its writ through a combination of social boycotts, fines and, in some
cases, either killing or forcing the victims to commit suicide.**** The northern state of Haryana
has seen the most extreme cases of gendered 'honour' killings, though other states, such as Uttar
Pradesh and Punjab, have also witnessed similar incidences. Haryana is second in the country in
relation to high per capita income but lowest in relation to gender equality and sex ratio, the
highest female foeticide, female infanticide and, more recently, khap authorised
killings. According to Prem Chowdhry (2010), 'undemocratic in [their] structure and functioning'
and they have 'no elected principle.' They override any notion of gender equality or gender
empowerment that the Indian Constitution endeavoured to provide through PRIs. The
functioning of Khap Panchayats can be analyzed by studying the various feudal practices and
dikats which they impose especially on women and girls. These are as following:-

1. Honour Killing: A variety of literature especially mass media (newspaper and TV) portray
that the khap panchayat(s) play a dominant role in instigating the crime of honour killing. The
traditional Panchayats represent the vox populi at local level in daily administration. Although
the Khap Panchayats are not only obsolete but ultra vires as per the law yet they still seem to
flourish in north India due to the political support that they hold. Recently, the khap panchayat
diktats are swelling especially against young couples either in the name of same gotra or
invoking some other code of conduct in the name of bhaichara. In fact, khap/katta panchayats
(caste councils) are functioning unlawfully and arbitrarily as kangaroo court (Govt of India,
2012).28 The honour killings such as Nidhi-Dharmendra (2013), Ved Pal Mor (2009), Manoj-
Babli (2007) etc are not only fuelled but also endorsed and glorified by these unconstitutional

**** See The Hindu, 7 May 2010; Indian Express, 12 September 2010; and J. Sangwan, 'Khap panchayat: Signs of
Desperation,' the Hindu, 7 May 2010

10
bodies who claim themselves ‘samaj ke Thekedar’ (sole protector of honour). In 2013 at sarv-
khap panchayat gathering at Kurukshetra it was decided that panchayats would now fight for
legal status to legitimately maintain the social order. One of the main agendas of this meeting
was to push for amendments to the Hindu Marriage Act, 1955 that would ban marriages within
the same gotra. Recently, khap panchayats hit out at girls “for being the agents who pollute
society and bring a bad name to the community”. Further, panchayats from NCR have imposed a
dress code for women and in some cases appointed men (moral policing) to watch and report on
the activities especially college girls who violate the code. The panchayat argue that such
restrictions will curb the rising rate of honour killing in the region.”29

2. Control over Conjugal Affairs: In traditional societies, marriage is essentially a private

domain concerning the family and the community. A marriage performed by pressurizing one or
both the parties and without their free will and full consent is considered to be a forced marriage.
Articles 16 of the Universal Declaration of Human Rights (UDHR), guarantees the consent to
marriage as a basic human right. Likewise, in 1994, the historic Convention on the Elimination
of Discrimination Against Women (CEDAW) in General Recommendation No. 21 protected the
woman’s agency to enter into a marriage and her right to choose her partner. Above all, the apex
court in India, the Supreme Court, in a series of judgments holding that the right to choose one’s
partner or the right to marry a person one chooses is a fundamental right under Article 21 of the
Constitution. However, conjugal customs and traditions of North India in general and jats of this
region are based on gotras. In other words, a man is not expected to marry in the gotra of his
father, mother, father’s mother and mother’s mother in North India. The underlying argument is
that, recognized by ancient sages, intra-gotra marriages are not customary hence objected to,
since these are based on the established findings of the medical science and genetics. These are
that inbreeding results in and accentuates the genetically transmitted diseases while cross-
breeding dilutes and diminishes these diseases effectively.

The written submissions filed by the Khap Panchayats in the districts of Jind, Rohtak and
Sonepat state as follows:-
“The Khap Panchayat demand that keeping in view, the customary practices of North
India, Hindu Marriage Act should be amended suitably for debarring the marriages in

11
 the same Gotra & mother’s gotra and within same and adjoining villages, so that the
pious relations of brother & sisters are kept intact and honored.

Here we see a classical support for the maintenance of bhaichara (brotherhood), the caste system
and intra-gotra marriage/s. Furthermore, apparently the text suggests an unholy and implausible
alliance between caste, gotra, marriage and science. What is being claimed is that the intra gotra
marriages are not desired.

In India especially Haryana, Punjab, Rajasthan and UP among others a marriage in same gotra,
in same village and in neighbouring village (as it forms part of ‘bhaichara’) is a taboo. Anyone
daring to break these taboos is simply inviting either ‘Hookha pani band’ (excommunication) or
pariah or demise. According to certain communities’ beliefs, marriage within the same gotra and
the six generations of mother's gotra is completely prohibited. If the gotra-prohibition is
followed, children would be intelligent and wise. Marrying within the same gotras gives rise to
various serious ailments.

As per HT survey (2010) 77% of the respondents do not support same gotra marriages. The
survey was carried out in Chandigarh, Rohtak, Jind, Bhiwani and Kurukshetra. Surprisingly,
even in Chandigarh, 65% of the respondents have opposed same gotra marriages. For instance, in
2004 one and a half years after marriage and three months pregnant, a happily married young
woman has been directed by a Gotra Khap panchayat to dissolve her marriage and accept her
husband as a brother in village of Jhajjar district. Manoj-Babli (2007) is a same gotra and same
village marriage case. In 2009, a khap panchayat in village Kheri (Meham) of Rohtak has
directed a married couple to start staying as brother and sister as they are from the same 'gotra'
notwithstanding the couple has a 10 month old baby. A heart-rending example of the gotra row is
that of Ved Pal Mor, brutally beaten to death in 2009 in Jind district in Haryana nevertheless he
was escorted by a police party and a warrant officer of the High Court. Neither had he married
within his gotra nor within the same village. In this case, another absurd code was invoked by
the khap: that the couple violated the custom of not marrying in the neighbouring village as it
forms part of ‘bhaichara’ (brotherhood).

12
In 2013 at sarv-khap panchayat gathering at Kurukshetra it was decided that panchayats would
now fight for legal status to legitimately maintain the social order. One of the main agendas of
this meeting was to push for amendments to the Hindu Marriage Act, 1955 that would ban
marriages within the same gotra.

3. Limitation on Personal Liberty: Recently a dictum issued by the Khap Panchayat of Uttar
Pradesh village which created an uproar in the country as it targeted women on the basis of
gender. According to their dictum, women who are below 40 years of age should make minimal
use of mobiles, go out with a male and also banned love marriage. Khap votaries argue that the
technology spurred sexual relationships, even extramarital affairs. Recently, khap panchayats hit
out at girls “for being the agents who pollute society and bring a bad name to the community”.
Further, panchayats from NCR have imposed a dress code for women and in some cases
appointed men (moral policing) to watch and report on the activities especially college girls who
violate the code. The panchayat argue that such restrictions will curb the rising rate of honour
killing in the region.”29 These types of dictum create suspicion in our mind whether we are really
living in 21st century.

Women wing in Satrol khap in Hisar, women participation at Biwipur in Jind and all-woman
Panchayats in western UP among others are viewed as a desperate attempt of khaps to establish
that the women in such communities also have a say in the decision-making process. For
example, the Satrol khap ruling to permit inter-caste marriages is not social change. In fact, this
is compulsion because Haryana has killed off its betis (daughters) and now can’t find bahus
(wives). The state has skewed sex ratio of just 877 for 1000 boys – the worst in the country
(according to the 2011 Census)

4. Anti Property Rights: Many states in India including Haryana experienced development
trends but it has also witnessed a hike in khap panchayat-sanctioned killings. Anxieties related to
economic change and local political uncertainties have reinforced struggles over scarce
resources. Ranbir Singh, a sociologist who has worked extensively on caste in Haryana, gives an
interesting explanation for the dominance of khap panchayats in Haryana,

13
 Jats, being marginal farmers, have not only been bypassed by the process of economic
development but have been further marginalized by it. This is because they could not take
advantage of the Green Revolution due to their tiny and uneconomic land holdings, could
not enter modern professions due to lack of academic qualifications and could not take
up some other occupations due to caste pride. Their lot has been made even more
difficult by the processes of liberalization, privatization and globalization. Their
disenchantment with political leadership has made these pauperized peasants look
backwards instead of forward.††††

The Hindu Succession Act (1956) was passed by the Parliament of India to amend and codify the
law relating to intestate or unwilled succession (death without leaving a will) among Hindus. The
Amended Hindu Succession Act (2005) removed gender discriminatory provisions, allowing
daughters of the deceased equal rights along with sons. Thus a daughter who makes an own-
choice marriage is more likely to claim her share of land and property —which is why such
marriages are under attack. The Haryana Assembly twice passed a resolution to change the
Hindu Succession Act in order to restrict daughters' rights to inherit twice —once in 1967, a year
after the state was formed, and once again in 1979 when the Congress Government, led by
Bhajan Lal, moved the resolution Sushma Swaraj‡‡‡‡ was one and among the MLAs who
supported it. Neerja Ahlawat (2012, p. 16) argues that 'the khap member's acceptability and
prestige in the agrarian society gained legitimacy for their assertion against potential female
inheritors.' and often potential female inheritors are coerced to write off their land claims or be
killed by their male family members.

For instance, July 2013, a khap in Jhajjar forbade a farmer from giving his daughter some money
in return for withdrawing a legal case that she had filed to get her share of the family’s ancestral
land. The reasoning being that it would embolden other girls to follow suit. Activists in Haryana
have for long been saying that the opposition to same gotra or inter caste marriages by khaps is

†††† Ranbir Singh, quoted in Neha Dixit, 'A Taliban of our very own,' Tehelka vol. 6, no. 32 (15 August 2009).
Available on
http://archive.tehelka.com/story_main42.asp?filename=Ne150809a_taliban.asp, accessed: 10 October 2014.
‡‡‡‡ Ironically, BJP leader Sushma Swaraj in 2012 has asked for the political empowerment of women as the 'most
important step for the upliftment of women.' See 'Sushma Swaraj calls for political empowerment of women,'
the Hindu, New Delhi, 5 October 2012.

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actually aimed at preventing the economic empowerment of girls because those who choose their
own marriage partners are more likely to go on and demand their share of ancestral land. All
women are impliedly expected to leave their property share, in case anyone dares to ask for
property share, blood relations ceases to exist.

The adverse publicity that the khaps got as a result of their atrocities especially support for
honour killings triggered some course correction and there is now, a conscious effort to refurbish
their much dented image by projecting a socially responsible facade. But this change is more
cosmetic than fundamental. Bibipur village in Jind district where the local sarpanch held women
driven Sarvkhap Panchayat comprising several major khaps of Haryana. The agenda was to
combat female foeticide and scores of women were invited to participate. But as soon as some
women activists tried to raise the issue of equal share of girls in ancestral property and how
women are being denied this right, they were shooed off the stage.

Suggestion to clamp down Khap Panchayats

The following measures should be undertaken to tame khap panchayats, kangaroo courts and
shalishi adalats in India.

Education and Mass Awareness: What is the need of the hour is creation of mass awareness
through education. Mandatory education on gender issues, gender sensitization through mass
education campaign by the state is what is required to combat the evils of gender discrimination.
The patriarchal mindset that revels in unnecessary hype of “honour” residing in womens’ bodies
can only be changed through the light of education. Education is the most potent tool for socio-
economic mobility and a key instrument for building an equitable and just society and is the only
means of bridging the gap between gender inequality.

Strong Political Will: Politicians justify the activities of khaps/kangaroo courts by terming
them as cultural institutions rooted in the past, thereby giving them a new lease of life. The
institution which could have died a natural death by the concretization of the constitutionally
recognized Panchayati Raj Institutions, has been revived and given some legitimacy by vote
bank politics and enabled it to emerge in a retrograde avatar. A strong political commitment is

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sine qua non to contain the beast of khaps. But ironically our political master(s) are behaving as
mute spectator of atrocities committed by khaps. Political fraternity are not ready to bear the
cost of social reform for this burning issue. Alternatively, disturbing act and barbaric deeds are
soft-pedalled as it hurts vote bank politics. For instance, Haryana Chief Minister B S Hooda had
requested not to amend any law to deal with 'honour killing' cases and termed the proposed
amendments as 'draconian'.§§§§ However, in the past three years, the state witnessed a large
number of cases where lover couples were eliminated. Similar, concerns were raised by other
well-known politicians such as Chautala, Naveen Jindal among others.

Institutionalisation of PRIs: The Panchayati Raj Institutions as the highest form of democratic
decentralisation had been constitutionally recognized fairly recently as compared to the Khap
Panchayats which have been in existence. In pre-constitutional era, it was the Khap Panchayats
that looked after the welfare of the masses, and this is the reason why khaps have so much of
power on the masses. We need to tackle the phenomenon of proxies (men folk for women
representatives) among caste factor among others to strengthen and deepen grass root
democarcy.

Stringent and Specific laws: However, having highlighted the importance of education in
bringing about changes in the mindset of the masses, it is submitted that since change through
mass education program cannot be brought overnight, we need a law to at least put a leash on the
crimes which are committed against women in the name of honour. It is being strongly felt that
there should be a strict and deterrent law to deal with honour killings/honour crimes. Rigorous
and explicit laws are the need of the hour to tackle the monstrous of khap panchayats. Law
Commission of India prepared a report named ‘Prevention of Interference with the Freedom of
Matrimonial Alliances (in the name of Honour and Tradition): A Suggested Legal Framework’.
Based on this the commission has drafted the blueprint for proposed bill to prevent and control
these crimes. But due to little political will and a pliant executive spirit the report is getting dust
on the shelf. The government may replicate the model of Sati (prevention) Act, 1987. The zero-
tolerance policy should be framed that anyone (active or passive) who involve in honour killing

§§§§ ‘Bhupinder Singh Hooda opposed stricter laws against honour killing’, The Times of India, 1 Oct 2013.

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would be punished by death sentence or life imprisonment. Also pronouncing that the act of
glorifying honour killing punishable.

Active and Vigilant Civil Society: People should stop following the irrational norms laid down
by community and caste councils. Education and awareness of the people are very necessary. We
need a crusader someone like Anna Hazare to press on the government for crucial measurements
to tackle this social evil, besides, raising awakening among mass. The younger generation must
stand forth as responsible social activists and lead the struggle for change in an otherwise feudal
society try its best to uphold status quo.

Conclusion
Ironically Khap ideologies often refer to Vedic culture in support of their origin and contention
but at the same time oblivious of traditional concept of ‘Swamvar’ in the Vedic period permitting
girls to choose their spouses. The discriminatory and derogatory practices by the khap
panchayats particularly honour killing is considered to be a crime that threatens the unity and
harmony of the community. Now it is time to stamp out these barbaric and feudal practices
which are an ignominy on humanity. The salvation does not lie in abandoning the culture and by
adopting another as this prescription is having western flavour. The statistics reveals that even
western culture and religion has not eliminated violence against women entirely. Paradoxically,
India is experiencing rapid capitalist transformation accompanied by a regressive feudal
consciousness. Ordinary citizens are caught in the contradiction between two sets of values - the
blind consumerism of the neo-liberal indulgence on one hand and the outdated feudal values
represented by the community/khaps on the other. The first is no replacement for the second.
Indeed, pseudo-modernism only strengthens the forces of revivalism. In nutshell, to move away
from a Hobbesian existence to Platonic we need a vibrant civil society based on enlightment,
justice, equality and fairness. The paraphernalia for this type of social system is education, sound
legal system, mature and professional political leaders among others. Finally, It is a matter for
research by scientists whether there are any scientific and demographic reasons for the intra gotra
ban on marriage or whether it is nothing more than a desire to control the choice of the woman in
marriage and keep control over the family property and assets, including in the case of jats, land
and valuable immovable property.

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References
Ahlawat, Neejra (2012). “The political economy of Haryana's khaps.” Economic and Political
Weekly, Vol. XLVII, No. 47-48, pp 15-17.
Azaddi, Ahmad (1999). Social Geography. Rawat Publications, Jaipur.
Chakravarty, Uma. (2007) The Social Philosophy of Buddhism and the Problem of Equality,
Critical Quest, New Delhi.
Chaudhry, D.R. (2012). ‘Who are Political Parties Silent on Khap?’ These so called Panchayats
must be banned, retrieved on www.tribuneindia.com/2009/20090816/edit.htm#1
----- (2010). ‘Killing in the Khap belt- Imperative need to build a vibrant Civil Society’ The
Tribune, Sept. 26.
----- (2006). ‘Khap Panchyats out of Tune with the Time’ The Tribune, January 28.
Chin, Christine B.N. and Mittelman, James H. (2000). “Conceptualizing resistance to
globalization.” In Barry K. Gills (ed.) Globalisation and the Politics of Resistance.
Basingstoke: Palgrave, pp 29-45.
Chowdhry, Prem (2010). Redeeming 'Honour' through Violence: Unraveling the Concept and its
Application. CEQUIN, New Delhi, 2010, pp 1–20.
----- (2004). ‘Caste Panchayats and the Policing of Marriage in Haryana: Enforcing Kinship and
Territorial Exogamy’. Contributions to Indian Sociology, Vol 38, No 1 and 2, pp 1-42.
---- (2001). “Caste Panchayats and the Policy of Marriage in Haryana: Enforcing Kinship and
Territorial Exogamy”. The International Sociology Journal. pp. pp 7-14.
---- (1993). “Persisence of a Custom: Cultural Centrality of Ghunghat”. Social Scientist. Vol 21,
No 9/11, pp 91-112.
Dash, Dipak Kumar (2011). “Khap lay out norms for simple weddings”, The Times of India,
Delhi, 8 March.
Desai, A.R. (1969). Rural Sociology in India. Popular Prakashan, Delhi
Devi Sunil and Shaveta Begra (2011), “Khap Panchayats in Haryana”. Punjab University
Research Journal. Vol.XXXVIII, No 1/2.
Diwan, Paras(1978). “Customary Law in Punjab and Haryana”, Publication Bureau, Punjab
University, Chandigarh.
Gahlaut, Kanika (2011). “After The Khap Rap”. Hindustan Times, Delhi, 15 May.
Galanter, Marc (1968). “The Displacement of traditional law in Modern India”. Journal of
Social Issues. Vol 24, No 4, pp 65-90.
Giddens, Anthony Giddens (1991). Modernity and Self-Identity. Cambridge: Polity Press.
Habib, Irfan (1992). Bharat Me Jati Aur Mudra Ka Vikas. Popular Publishing House, Delhi.
Habib, Irfan (ed.) (2006). Madyakalin Bharat. Vol. 1, Rajkamal Publishers, New Delhi.
Jayal, Gopal Niraja (2006). “Engendering local democracy: the impact of quotas for women in
India's Panchayats.” Democratization, Vol. 13, No. 1, pp 15–35.
Jeffery, Patricia and Roger Jeffery (1966). Don’t Marry Me to a Plowman! Women’s Everyday
Lives in Rural North India. (New Delhi: Vistaar Publications).
Khan, M.Z. and Sharma Kamlesh (1982). Profile of a Nyaya Panchayat. (New Delhi: National
Publishing House).
Kosambi, D.D. (1991). An Introduction to the study in Indian History. Popular Prakashan,
Bombay.
Law Commission of India report (2012). Prevention of Interference with the Freedom of
Matrimonial Alliances (in the name of Honour and Tradition): A Suggested Legal
Framework, p. 37.

18
Pradhan, M C (1966). The Political System of the Jats of Northern India. (Delhi: Oxford
University Press).
Punit, A.E. (1978). Social System in rural India. (New Delhi: Sterling Publication).
Saini, Ravinder Singh (2009), ‘‘Gotra Row: Sarva Khap revises Exile Verdict’, The Tribune,
New Delhi, Aug. 10.
Sangwan K S (2009). “Khap Panchayats in Haryana: Legal Pluralism.” In Kalpana Kannabiran
and Ranbir Singh (Eds) Challenging The Rules(s) of Law: Colonialism, Criminology
and Human Rights, India. Sage Publications, New Delhi.
Sarvari Satvir, (2009). ‘Khap Panchayat not just a Social Force, but Political too’, The Hindustan
Times, Sept.25.
Sarwari, Satvir (2009). ‘Gotra Row: Sarva Khap for Mild Punishment’, The Hindu, Aug.10.
Sarwari, Satvir (2009). ‘Jat Meet for Change in Hindu Marriage Act’, The Hindustan Times,
New Delhi, Aug.10.
Singh Ranbir (2010). “The Need to Tam the Khap Panchayats”. Economic and Political Weekly,
May 22, Vol. XLV, No 21.
Singh, Chattar (2004). Social and Economic Change in Haryana. National Book Organisation,
New Delhi.
Singh, Dalip (1988). Jaat Veero Ka Itihas. Arya Printing Press, Rohtak.
Singh, Ranbir (2010). “The Need to Tame the Khap panchayats”. Economic & Political Weekly,
Vol XLV No 21.
Singh, Veer (ed.) (2005). The Jat: Their Role and Contribution to the Socio-Economic Life and
Polity of the North and North-West India. 2nd Volume. Low Price Publication, Delhi.
Singh, Yoginder (1973). Modernization of Indian Tradition. Thomson Press, Delhi.
Srinivas, M.N.(1986). Social Structure. Hindustan Publishing Corporation, Delhi.
Suraj Bhan Bhardwaj (2012). “Myth and Reality of the Khap Panchayats: a Historical Analysis
of the Panchayat and Khap Panchayat”. Studies in History. Vol 28 No 1, pp 43-76.
The Hindu (2009). ‘Khap Panchayats Reign Supreme in Haryana Villages’.
The Hindu (2013). Special law will deter honour killings. 30th June, 2013.
The Times of India (2012). “Haryana people prefer khaps over courts: Report” .available at
http://articles.timesofindia.indiatimes.com/2012-12-16/india/35850111_1_khap-
panchayats-sube-singh-samain-bhaichara
The Times of India (2012). “No Law in Place to rein In Khaps. July 19, 2012.
The Tribune (2011). ‘Who Rules Haryana? The Law or the Khap? Retrieved on March, 13, from
www.tribuneindia.com/2009/20090725/edit.htm#1
Yadav, Bhupendra (2009). “Khap panchayats: stealing freedom?” Economic and Political
Weekly, Vol. XLIV, No. 52, pp 16–18.

*Vijender Singh Beniwal is an ICSSR doctoral Fellow at the Department of Political Science in
Jamia Millia Islamia in New Delhi. He has taught at London School of Scholars, Essex (UK). He
earned M.Phil in Administration (MPA) from University of Bergen, Norway as Quota Fellow.
He has done M.Phil and MA (Public Administration) from Panjab University, Chandigarh, India.
He can be contacted at vijay_beni76@yahoo.com

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