Faculty of law

Batch:2019-2024
Final Project
History of Inter Caste Marriage in India The Way
Forward: A Socio Legal Study
SUBJECT: FAMILY LAW

SUBMITTED TO: SUBMITTED BY:

Rachna Chaudhary Malvisha Jadeja
Faculty of law, Roll no. 91921040001
Marwadi University BA.LLB(HONS.)
DECLARATION BY THE STUDENT

I, MALVISHA JADEJA, certify that the work embodied in

this project work, entitled “History of Inter Caste Marriage
in India The Way Forward: A Socio Legal Study”, is my
own bonafide work carried out by me under the supervision of
Prof. RACHNA CHAUDHARY of Faculty of Law, Marwadi
University. The matter embodied in this Project has not been
submitted for the award of any other degree/diploma.
I declare that I have faithfully acknowledged, given credit to
and referred to the authors/ research workers wherever their
works have been cited in the text and the body of the project. I
further certify that I have not wilfully lifted up some other’s
work, para, text, data, results, figures etc. Reported in the
journals, books, magazines, reports, dissertations, theses, etc.,
or available at web-sites and included them in this project
work and cited as my own work.

Place: Marwadi University

Date:
Signature of the student
SUPERVISOR’S CERTIFICATE

This is to certify that work embodied in the accompanying

project entitled “History of Inter Caste Marriage in India
The Way Forward: A Socio Legal Study” has been carried
out entirely by MALVISHA JADEJA under my direct
supervision and guidance and that candidate has fulfilled the
requirements of the regulation laid down for partial fulfilment
of B.A.LL.B HONS. Degree examination in the course
Family Law (semester 3), Faculty of Law, Marwadi
University.

Prof. Rachna Chaudhary

Professor(Family Law)
Faculty of law, Marwadi University
ACKNOWLEDGEMENT

The success and final outcome of this project required a lot of

guidance and assistance from the supervisor and I am
extremely privileged to have got this all along the completion
of my project. All that I have done is only due to such
supervision and assistance of Prof. Rachna Chaudhary. I am
thankful and fortunate enough to get constant encouragement,
support and guidance from her.

Place: Marwadi University

Date:
Signature of the student
Contents

Chapter:1 Introduction........................................................................6
Chapter:2 Caste system and marriages in India..................................9
Chapter:3 Major cases related to inter-caste marriages....................16
Chapter:4 The way forward..............................................................20
Chapter:5 Conclusion and Bibliography...........................................23
 Chapter:1
Introduction

Marriage in India is primarily based on social stratification of a caste system.

even today the caste system is largely prevalent in rural India, which condemns
inter-caste marriage, and the couple who tries to defy this norm faces dire
consequences. In India marrying across the caste kindles strong community
resentment leading to the extent of honour killing, yet few couples dare to defy
this stringent social norm. Contrary to general notion, education is not able to
promote inter-caste marriage.
Marriage is a sacred institution which binds both the woman and man in a
lifelong relation. It gives this relation a meaning. When a marriage takes place,
two souls are united and this opens new vistas in their lives. But, human beings
are so selfish that have virtually spoilt the sacredness of these relations. Now a
days Marriages in India, has always been the biggest concept for the Indian
families. Lot of importance is given to the last name carried by the boy or the
girl. In fact, the respect and dignity of a person is attached to his last name, a sin
who were his family ancestors and to which family name he belongs. The caste,
creed and culture are the three most important elements, which are kept on the
high priority in marriage. The bride and the groom surely have to match each
other’s caste, religions, community, language, culture and region. Without
matching each other’s religious and richness status, the bride and the groom are
strictly not allowed to tie marriage knots with each other.
Inter-caste marriage is legal in India. Such marriages are sanctioned by the
Special Marriage Act 1954 and are also permitted under The Hindu Marriage
Act 1955. Pieces of legislation have also been introduced to encourage inter-
caste marriages, including legislation to provide financial assistance to couples
who undertake inter-caste unions. The latest proposal by the central
Government in 2006 would see all such couples paid 50 000 rupees, or A$1100,
across all the states. Despite the absence of legal restrictions and such
incentives, inter-caste marriage is rare due to the general social acceptance of
caste and its influence on marriage, even within educated, urban upper-class
families.1

1
Dr. Rakesh Rai, Inter-Caste Marriages and Reservation Policy in India: A Socio Legal Study, International
Research Journal of Social Science and Humanities.
 Research Objectives

• To understand the concept of Caste system in India.

• To analyse the plight of Inter-Caste Marriage in India.
• To explore the steps taken to encourage Inter-Caste Marriage in India

Research Methodology

In this research work, the Doctrinal Method of Explanatory Research Design

has been employed for conducing the research. Only secondary sources such as
books, articles and journals have been used for the collection of information for
the research work.

Literature Review

 Professor Kusum, Family Law Lectures Family Law 1, 3rd Edition

(2011), Lexis Nexis
This book has helped the researcher to get invaluable knowledge on family law
in India especially the Hindu marriage aspect. The book has ample amount of
important cases relating to marriages in India which has been of great help in
constructing the chapterization of the project. It helps in understanding the
diversity and forms of marriage across Hindu, Muslim and Christian Laws.

 Rajni Devi, Marriage Among Hindus with Special Reference to Dowry,

ISOR Journal of Humanities and Social Sciences
This article has helped the researcher in developing a knowledge related to the
meaning of marriage and also the importance and the role marriage plays in the
Indian society and the changes the institution of marriage is going through with
the passage of time in the country. The article explains wonderfully the eight
types or forms of traditional Hindu marriage and their differences and the
reason for their classification. It has also made the researcher capable of
identifying which form of Hindu marriage has been undergone by the two
parties while tying the knot.

 Radha Kamal Mukherjee, Caste and Social Change in India, The

American Journal of Sociology
This article has helped the researcher in developing a knowledge related to the
age-old caste system of India. The origin and changing meanings of caste in the
Indian society. The article explains in a very precise and concise way the
features and characteristics of the Indian Caste System.
 Chapter:2
Caste system and marriages in India

Caste System
The word, “caste‟ is of Spanish and Portuguese origin. The term, „caste‟
originated from the Spanish word “casta‟, meaning „lineage‟ or „race‟ or „a
group having hereditary quality‟. It is derived from the Latin word “Castus‟,
which means pure. The Spaniards were the first to use it, but its Indian
application is from the Portuguese, who had so applied it in the middle of the
fifteenth century.2
Caste can be defined as hereditary endogamous group, having a common name,
common traditional occupation, common culture, relatively rigid in matters of
mobility, distinctiveness of status and forming a single homogeneous
community. However, in the changing situation caste has adapted too many new
features like having formal organizations, becoming less rigid and having a link
with politics. Thus, we may list from the above the following features of caste
system.
1. Hereditary in nature: It implies that caste system is based on heredity. It is
based on ascribed values rather than achieved qualities.
2. Segmental division of society: It means Indian social stratification is largely
based on caste. There are various castes having a well-developed life style of
their own. The membership of a caste is determined by birth. Thus caste is
hereditary in nature.
3. Hierarchy: It indicates various castes according to their purity and impurity
of occupations are ranked from higher to lower positions. It is like a ladder
where pure caste is ranked on the top and impure is ranked at the bottom. For
example the occupation of Brahmin is that of performing rituals and teaching. It
is considered to be the purest occupation; hence they are placed at the top of the
hierarchy. On the other hand sweeper, whose occupation is cleaning and
scavenging, is placed at the bottom the bottom of the hierarchy because of
impure occupation.
4. Restrictions on food, drink and smoking: Usually different castes do not
exchange food and drink, and do not share smoking of hukka among them. For
instance, Brahmins do not take food from any other caste. It is a complicated
2
Radha Kamal Mukherjee, Caste and Social Change in India, The American Journal of Sociology
process. For example in Uttar Pradesh, among Kanyakubj Brahmins, there are
many sub-divisions. Each sub-division does not take food from other sub-
division. There are two types of food: “pucca” (food prepared in ghee like puri,
kachodi and pulao) and kuchcha (food prepared in water like rice, pulses and
vegetable curries).
Some castes exchange only pucca food among themselves. Invariably, the high
caste does not take anything from the low caste. The same principle is applied
to smoking.
5. Endogamy: It indicates members of the caste have to marry within their own
caste only. Inter-castes marriages are prohibited. However, among educated
people, particularly in the urban areas, inter-castes marriages are gradually
increasing.
6. Purity and pollution: It is one of the important features of the caste system.
Purity and pollution are judged in terms of deeds, occupation, language, dress
patterns, as well as food habits. For example liquor consumption, consuming
nonvegetarian food, eating left-over food of the high castes, working in
occupations like leather craft, lifting dead animals, sweeping and carrying
garbage etc. are supposed to be impure. However, in recent times some high
caste people are today doing all the above jobs, like working in a shoe-shop,
shoe-factory, cutting hair in a beauty parlour etc.3
7. Occupational association: Each caste has a specific occupation and cannot
change the occupation. For instance, Brahmins do priesthood and teaching,
Kayasthas maintain revenue records and writing. Baniyas are engaged in
business and Chamars are engaged in leatherwork, etc. With new job
opportunities available due to industrialization and urbanization some people
have shifted from their traditional occupation. However, in rural areas
traditional occupations are still followed. Such cases are also found in urban
areas like a barber has a haircutting saloon where he cuts hair in the morning
and evening simultaneously works as peon in some office.
8. Social and religious disabilities and privileges of a few sections: The lower
caste are debarred from doing many things like they are not permitted to enter
the temple, do not use literally language and cannot use gold ornaments or
umbrella etc. However, thing have changed considerably, these restrictions are
hardly found today.
9. Distinction in custom, dress and speech: Each caste has distinct style of
life, i.e. having its customs, dress patterns and speech. The high caste uses pure
3
Radha Kamal Mukherjee, Caste and Social Change in India, The American Journal of Sociology
language (sometimes use literally words), whereas, the low caste use colloquial
language. Conflict resolving mechanisms: The castes having their own conflict
resolving mechanisms such as Caste Panchayats at the village and inter-village
levels.

Marriages
Forms of Marriage
The eight forms of marriage described here originated in the Vedas and are a
major topic of discussion in Hindu law books. The forms can also be traced to
sacred texts, such as the Grhyasutras (various recensions of the Vedas) and the
Manusmriti. The latter, in particular, is a critical text that not only constructed a
patriarchal framework of religious laws, it also ordained the social practices and
activities that promote and continue to sustain patriarchy.
Brahma Marriage.
Brahma marriage is the purest form of marriage. In this form of marriage the
father offers his daughter to a man of character and learning. The daughter who
is decked with ornaments and richly dressed is given as a kind of gift (danam)
to a man of good character and high learning. The Smritis regard this as the
most honourable type of marriage since it is free from physical force,
compulsion or imposition of conditions and lure of money. This form can be
traced back to the Vedic times.
Daiva Marriage
The Daiva form of marriage is based on the principle of sacrifice. Fathers seek
young Brahmin suitors for their daughters. The Brahmin, a priest, who is
usually approached while he is conducting a sacrificial prayer, is offered the
daughter as a wife and as an item of sacrifice. In other words, offering a
daughter is constituted as the ultimate sacrifice a parent can make to placate the
gods or to fulfil his karmic duty. In Hinduism the benevolence shown to a
Brahmin is looked upon as a supreme act of devotion and a daughter is the
means to do so. The construction of the father as benevolent giver is
simultaneously a dismissal of the daughter to service male karmic and dharmic
ends.
Arsha Marriage
In this form of marriage, the father gives his daughter in marriage to the
bridegroom after receiving a cow and a bull or two pairs of these from the
bridegroom in accordance with the requirement of dharma. But this form of
marriage should not be confused with the form of the bride-price or with that of
the dowry. The gift of cow and bull is to be made as a token of gratitude to the
man who offers his daughter to the groom to enable him to fulfil his
grihasthashrama obligations. In course of time, with the decline of rituals, this
form of marriage became out of date.4
Prajapatya Marriage
In this form of marriage, the father makes a gift of the daughter by addressing
the couple with the mantram “may both of you perform together your dharma”.
The girl is given as a gift with a clear understanding that the couple will
perform their civic and religious duties together. This form of marriage is
inferior to the first three because the bride is not a free gift but a condition is
laid on both the bride and the bridegroom. In the above four forms of marriage
mentioned above, the important point to be noted is that it is the father (or a
person in his place) who makes a gift (dana) of the bride to the bridegroom.
Asura Marriage
Unsuitable or undesired suitors are accommodated in the Asura form of
marriage. In this form, a man purchases a wife by paying an enormous sum of
money to her family, kinsmen and to the bride. The father gives his daughter
away in exchange for the acquisition of wealth.5
Gandharva Marriage
The Manusmriti, describes the Gandharva marriage as the voluntary union of a
maiden and her lover. Manusmriti says that such a union springs from desire
and has sexual intercourse for its purpose, ignoring the fact that in all marriages
there is an expectation to consummate the relationship. Sexual activity in the
absence of mutual desire is the norm and the explicitness of sexual desire
signified by the mutual attraction of a couple is an uncomfortable tension within
the confines of a religion that stresses purity, virginity and eventual renunciation
of worldly and emotional ties. There is no consensual theory to explain why
Gandharva marriages declined over time,

4
Rajni Devi, Marriage Among Hindus with Special Reference to Dowry, ISOR Journal of Humanities and Social
Sciences
5
Rajni Devi, Marriage Among Hindus with Special Reference to Dowry, ISOR Journal of Humanities and Social
Sciences
Rakshasa Marriage
The Rakshasa form condones bride abduction following an attack on the bride’s
kinsmen who have been slain or beaten and wounded. The women are doubly
victimized through the loss of family and captured as prizes of violent
conquests. The acquisition of brides in this way means that there is no recourse
to a family that has been slain, and fear of violence against surviving relatives
prevents any acts of agency.
Paisacha Marriage
This type of marriage is one in which the man seduces by force a girl who is
sleeping or intoxicated or disordered in intellect. Dharma shastra writers like
Gauthama and Vishnu defines it as “cohabiting with a girl who is unconscious,
sleepy or intoxicated”. This form of marriage, however, has disappeared
altogether in India.6
Of these eight forms of marriages, Brahma marriage is considered to be the best
form of marriage where a girl is given to a boy of merit in the same caste or in a
caste of equal status. Both bride and bridegroom in this marriage are supposed
to be mutually agreeable for the marriage. In the present day Hindu society also
the Brahma marriage is considered the most preferable one in which the father
gifts his daughter to a suitable bridegroom through the ritual of kanyadana for
procurement.
Out of the above mentioned eight forms of marriages Anulim and Pratilom are
Inter-Caste marriages

Inter Caste Marriage in India

Inter-caste marriage is legal in India. Such marriages are sanctioned by the
Special Marriage Act 1954 and are also permitted under The Hindu Marriage
Act 1955. Pieces of legislation have also been introduced to encourage inter-
caste marriages, including legislation to provide financial assistance to couples
who undertake inter-caste unions. The latest proposal by the central
Government in 2006 would see all such couples paid 50 000 rupees, across all
the states. Despite the absence of legal restrictions and such incentives, inter-
caste marriage is rare due to the general social acceptance of caste and its
influence on marriage, even within educated, urban upper-class families. 7
6
Rajni Devi, Marriage Among Hindus with Special Reference to Dowry, ISOR Journal of Humanities and Social
Sciences
7
Dr. Rakesh Rai, Inter-Caste Marriages and Reservation Policy in India: A Socio Legal Study, International
Research Journal of Social Science and Humanities
It appears that ostracism, discrimination and harm against inter-caste couples
are perpetrated by family members, relatives, the local community, and local
police. Reactions to inter-caste marriages vary depending on the religion, social
status, and class of the couple, and on where the couple live. In extreme cases,
some communities in India consider such marriages a crime and disapproval
come in the form of punitive violence. Following the recent case of Lata Singh
vs. State of Uttar Pradesh8 involving the “honour killing” of an inter-caste
couple, a statement by the Supreme Court of India indicates that while the legal
system does seek to protect such couples, the protection offered by police
requires reinforcement.
While the higher levels of the court system do seek to protect inter-caste
couples, some parts of the local judicial system in India do not. In its most
recent report on India, Human Rights Watch points to increasing violence
against inter-caste marriage couples committed by local village officials:
Increasingly, caste panchayats, or caste-based village councils, extrajudicially
punish inter-caste marriages with public lynching of couples or their relatives,
murder of the bride or the groom, rape, public beatings, and other sanctions.
This is particularly common if either bride or bridegroom is a Dalit.
Inter-caste marriages are more common in urban than in rural areas. According
to a New Delhi based scholar quoted in a recent Immigration and Refugee
Board of Canada research, 80% of inter-caste marriages occurred in towns and
20% from villages in 2004.9
Where the law is nominally enforced, “legal” means are employed to reclaim
these women. They get hauled up before the courts on the weight of complaints
made by their parents. Their husbands are accused of abduction and their
conjugal love termed “rape”. Where proof of age is not available, the charge is
“abduction and rape of a minor”. The legal age of consent is a curious weapon
in the hands of those who would otherwise have no qualms about child
marriage. In cases where there is no ambiguity that the woman is a legal adult,
the complaint declares her to be of “unsound mind”.
The police, normally so reluctant to file a first information report (FIR), is
happy to register these complaints. They ask for no evidence of the age or even
proof of the “abducted” woman’s alleged mental incapacity.
Violent reactions against inter-caste marriage appear to be more severe in rural
villages than in urban centres. Instances of violence against inter-caste married
8
Lata Singh vs. State of U.P. & Another, (2006) 5 SCC 475
9
Dr. Rakesh Rai, Inter-Caste Marriages and Reservation Policy in India: A Socio Legal Study, International
Research Journal of Social Science and Humanities
couples who live in cities do exist. One of the notable examples is that of
Honour killings in Ludhiana which included the killing of a seven-month
pregnant wife and her husband, in the industrial city of Ludhiana, Punjab,
allegedly by the wife’s father and relatives. This case involved a higher status
woman marrying a lower caste male.

Chapter:3
Major cases related to inter-caste marriages
 I. Lata Singh vs. State of Uttar Pradesh10
In Lata Singh v. State of Uttar Pradesh, the Supreme Court viewed the right of
marriage as a component of right under Article 21 of the Constitution of India.
The facts that gave rise to the litigation were violent reactions following an
inter-caste marriage between two adults. There were complaints, arrests, threats
and criminal cases against the girl’s husband and his family members. The girl
(wife) filed a writ petition under Article 32 of the Constitution of India with a
prayer for issuing a writ of certiorari and/or mandamus for quashing the trials in
the trial courts, against her husband and his relatives. The petition was allowed
and the police/administration was directed to protect them from harassment,
threats or acts of violence, and take stern action against who do so, by
instituting criminal proceedings against them. The court observed.
This is a free and democratic country, and once a person becomes a major, he or
she can marry whosoever he/she likes. If the parents of the boy or girl do not
approve of such inter-caste or inter-religious marriage the maximum the can do
is that they can cut off social relations with the son or daughter, but they cannot
give threats or commit or instigate acts of violence and cannot harass the person
who undergoes such inter-caste or inter-religious marriage.
Both the partners in the case were adults and so free to marry of their choice.
The court further observed that there is no bar to an inter-caste marriage under
the Hindu Marriage Act, 1955 or any other law. Inter-caste marriages are in fact
in the national interest as they will result in destroying the caste system.11

II. Smt. Chandrapati vs State Of Haryana And Others12

In Manoj- Babli Honour Killing Case was the honour killing of Indian
newlyweds Manoj Banwala and Babli in June 2007 and the subsequent court
case which historically convicted defendants for an honour killing. The accused
in the murder included relatives of Babli (grandfather Gangaraj, who is said to
have been a Khap leader, brother, maternal and paternal uncles and two
cousins). Relatives of Manoj, especially his mother, defended the relationship.
The killing was ordered by a khap panchayat, a religious caste -based council
among Jats, in their Karora village in Haryana. The khap passed a decree
prohibiting marriage against societal norms. Such caste-based councils are
common in the inner regions of several Indian states, including Haryana,
Punjab, western Uttar Pradesh and parts of Rajasthan, and have been operating
10
Lata Singh vs. State of U.P. & Another, (2006) 5 SCC 475
11
Proffessor Kusum, Family Law Lectures Family Law 1, 3rd Edition (2011), Lexis Nexis
12
Smt. Chandrapati vs. State of Haryana And Others (2007)
with government approval for years. In any event, the state government
expressed no concern about the ruling of the khap panchayat.
The Khap panchayat's ruling was based on the assumption that Manoj and Babli
belonged to the Banwala gotra, a Jat community, and were therefore considered
to be siblings despite not being directly related and any union between them
would be invalid and incestuous.
Nevertheless, the couple went ahead with their marriage, following which they
were abducted and killed by Babli's relatives.
In March 2010, a Kamal district court sentenced the five perpetrators to be
executed, the first time an Indian court had done so in an honour killing case.
The khap head who ordered but did not take part in the killings received a life
sentence, and the driver involved in the abduction a seven-year prison term.
According to Home Minister P. Chidambaram, the UPA-led central government
was to propose an amendment to the Indian Penal Code in response to the
deaths of Manoj and Babli, making honour killings a "distinct offense".

III. Shakti Vahini vs Union Of India 13

In Shakti Vahini v. Union of India case Right to marry person of one’s choice
— Honour killing and other forms of honour crimes inflicted on young
couples/families by Khap Panchayat: Consent of family or community or clan,
not necessary when two adults agree to enter into a wedlock. Rule of Law that
only formal institutions under law deal with such situations. Khap panchayat or
any panchayat of any nomenclature cannot create a dent in exercise of human
right, protected by rule of law. Rule of law as a concept is meant to have order
in a society. Elders of family or clan can never be allowed to proclaim a verdict
guided by some notion of passion and eliminate life of young who have
exercised their choice to get married against wishes of their elders or contrary to
customary practice of clan. Honour killing guillotines individual liberty,
freedom of choice and one’s own perception of choice. When two adults
consensually choose each other as life partners, it is a manifestation of their
choice which is recognized under Arts. 19 and 21 of the Constitution. Such a
right has constitutional sanction and thus needs protection and cannot succumb
to class honour or group thinking which has no legitimacy. Constitution and the
laws of country do not countenance such an act and, in fact, whole activity is
illegal and punishable as offence under the criminal law.

13
Shakti Vahini v. Union of India, (2018) 7 SCC 192
 IV. Zubida Akhter v. State of Jammu and Kashmir14
In Zubida Akhter v. State of Jammu and Kashmir The High Court recently
addressed a petition wherein the petitioner argued that despite her having
attained the age of majority and marrying the 2nd petitioner out of her own free
will without any undue coercion, the respondents were harassing her with the
help of the Police along with wrongfully framing them in false cases.
The Court referred to Lata Singh v. State of U.P. , which held that if a woman
has attained the age of majority, she is free to marry whoever she wants to
provided that person has attained the age of majority as well. It clarified, “There
is no bar to an inter-caste marriage under the Hindu Marriage Act or any other
law. The caste system is a curse on the nation and the sooner it is destroyed the
better. In fact, it is dividing the nation at a time when we have to be united to
face the challenges before the nation unitedly. Hence, inter-caste marriages are
in fact in the national interest as they will result in destroying the caste system”.
It was further held in this case, “In our opinion, such acts of violence or threats
or harassment are wholly illegal and those who commit them must be severely
punished”. Thus, the Court directed the Police to take appropriate steps to
ensure the protection and liberty of the petitioners.

V. Ashok Kumar v. State of Haryana 15

In Ashok Kumafr vs. State of Haryana case, A Single Judge Bench comprising
of H.S. Madaan, J. denied bail to the petitioner who was accused of honour
killing of his sister. The petitioner was alleged to have done away with the life
of his sister. The complainant, Rohtash Kumar, in his written complaint
submitted that he had married one Kiran Rani, sister of the accused; and since it
was an inter-caste marriage, her family was not convinced. After the marriage
was solemnised, Kiran went back to her parent’s home to complete studies. The
complainant informed that on 22-1-2017, he received a call from the petitioner,
brother of Kiran who threatened to kidnap him and further told him that he had
killed Kiran and cremated her. Based on the complaint, an FIR was registered;
the investigation was done; and the charge sheet was filed under Sections 201,
302, 328, 506 and 34 IPC. He was facing trial and approached the Court for
grant of bail.
The High Court perused the record and found it a case where judicial discretion
ought not to be exercised in favour of the petitioner. The Court observed, cases

14
Zubida Akhter v. State of Jammu and Kashmir, (2017) SCC Online J&K 712
15
Ashok Kumar vs. State of Haryana, (2018) SCC Online P&H 803
of honour killing are increasing day by day, which is a very unhealthy trend.
This tendency needs to be curbed. Persons indulging in honour killings must be
dealt with sternly to send a message around that people indulging in such type
of crimes shall be held accountable for their wrongful acts. The High Court
noted the apprehension expressed by the respondent that if the petitioner was
released on bail, there was the likelihood of him absconding and tampering with
the prosecution evidence. Observing this, the High Court denied bail to the
petitioner and accordingly, the petition was dismissed.

Chapter:4
The way forward

The Hon’ble Indian judiciary has tried to deal with the deep rooted problems
related to inter-caste marriages in India and in the landmark case of Shakti
Vahini v. Union of India the Supreme Court of India has laid down the
following guidelines to tackle with this issue.

Preventive steps
 The State Governments should identify Districts, Sub-Divisions and/or
Villages where instances of honour killing or assembly of Khap
Panchayats have been reported in the recent past, e.g., in the last five
years.
 If information about any proposed gathering of a Khap Panchayat comes
to the knowledge of any police officer or any officer of the District
Administration, he shall inform his immediate superior officer and also
simultaneously intimate the jurisdictional Deputy Superintendent of
Police and Superintendent of Police.
 The Deputy Superintendent of Police shall then immediately interact with
the members of the Khap Panchayat and impress upon them that
convening of such meeting/gathering is not permissible in law and to
eschew from going ahead with such a meeting.
 Despite taking such measures, if the meeting is conducted, the Deputy
Superintendent of Police shall personally remain present during the
meeting and impress upon the assembly that no decision can be taken to
cause any harm to the couple or the family members of the couple, failing
which each one participating in the meeting besides the organisers would
be personally liable for criminal prosecution.
 If the Deputy Superintendent of Police, after interaction with the
members of the Khap Panchayat, has reason to believe that the gathering
cannot be prevented and/or is likely to cause harm to the couple or
members of their family, he shall forthwith submit a proposal to the
District Magistrate/Sub-Divisional Magistrate of the District/ Competent
Authority of the concerned area for issuing orders to take preventive steps
under the Cr.P.C., including by invoking prohibitory orders under Section
144 Cr.P.C. and also by causing arrest of the participants in the assembly
under Section 151 Cr.P.C.

Remedial Steps
 Despite the preventive measures taken by the State Police, if it comes to
the notice of the local police that the Khap Panchayat has taken place and
 it has passed any diktat, the jurisdictional police official shall cause to
immediately lodge an F.I.R. under the appropriate provisions of the Penal
Code including Sections 141, 143, 503 read with 506 of IPC.
 Additionally, immediate steps should be taken to provide security to the
couple/family and, if necessary, to remove them to a safe house within
the same district or elsewhere keeping in mind their safety and threat
perception. The State Government may consider of establishing a safe
house at each District Headquarter for that purpose.
 The District Magistrate/Superintendent of Police must deal with the
complaint regarding threat administered to such couple/family with
utmost sensitivity. It should be first ascertained whether the bachelor-
bachelorette are capable adults. Thereafter, if necessary, they may be
provided logistical support for solemnising their marriage and/or for
being duly registered under police protection, if they so desire. After the
marriage, if the couple so desire, they can be provided accommodation on
payment of nominal charges in the safe house initially for a period of one
month to be extended on monthly basis but not exceeding one year in
aggregate, depending on their threat assessment on case to case basis.
 The initial inquiry regarding the complaint received from the couple
(bachelor bachelorette or a young married couple) or upon receiving
information from an independent source that the relationship/marriage of
such couple is opposed by their family members/local community/Khaps
shall be entrusted by the District Magistrate/ Superintendent of Police to
an officer of the rank of Additional Superintendent of Police. He shall
conduct a preliminary inquiry and ascertain the authenticity, nature and
gravity of threat perception. On being satisfied as to the authenticity of
such threats, he shall immediately submit a report to the Superintendent
of Police in not later than one week.
 The District Superintendent of Police, upon receipt of such report, shall
direct the Deputy Superintendent of Police incharge of the concerned sub-
division to cause to register an F.I.R. against the persons threatening the
couple(s) and, if necessary, invoke Section 151 of Cr.P.C.
 In the course of investigation, the concerned persons shall be booked
without any exception including the members who have participated in
the assembly. If the involvement of the members of Khap Panchayat
comes to the fore, they shall also be charged for the offence of conspiracy
or abetment, as the case may be.
Punitive Steps
 Any failure by either the police or district officer/officials to comply with
the aforesaid directions shall be considered as an act of deliberate
negligence and/or misconduct for which departmental action must be
taken under the service rules. The departmental action shall be initiated
and taken to its logical end, preferably not exceeding six months, by the
authority of the first instance.
 The States must take disciplinary action against the concerned officials if
it is found that (i) such official(s) did not prevent the incident, despite
having prior knowledge of it, or (ii) where the incident had already
occurred, such official(s) did not promptly apprehend and institute
criminal proceedings against the culprits.
 The State Governments shall create Special Cells in every District
comprising of the Superintendent of Police, the District Social Welfare
Officer and District Adi-Dravidar Welfare Officer to receive
petitions/complaints of harassment of and threat to couples of inter-caste
marriage.
 These Special Cells shall create a 24-hour helpline to receive and register
such complaints and to provide necessary assistance/advice and
protection to the couple.
 The criminal cases pertaining to honour killing or violence to the
couple(s) shall be tried before the designated Court/Fast Track Court
earmarked for that purpose. The trial must proceed on day to day basis to
be concluded preferably within six months from the date of taking
cognizance of the offence. This direction shall apply even to pending
cases.
 Chapter:5
Conclusion and Bibliography

Odds of inter-caste marriage taking place in lower class households is much

lesser than the higher caste. Resilient targeted efforts are necessary to promote
inter-caste marriage which may loosen the noose of the caste system in India.
Although the Indian constitution has provisions to encourage and allow people
to marry anyone of their choice after one attains the age of majority bit the
Indian society has a long way to go to wholeheartedly accept the simple concept
and not look down on Inter-Caste marriages. Even though it can be observed
that with modernisation and urbanisation the Indian society is opening up to the
Inter-Caste marriages the country still has a long way to go to reach its goal to
make the regretful caste system of Indian Society a thing of the past. The Indian
legislature and Judiciary have tried to take steps to reach this elusive goal and
one of its biggest highlights is the guidelines laid down by the Hon’ble Supreme
Court in the landmark case of Shakti Vahini v. Union of India.

Bibliography

BOOKS:
• Proffessor Kusum, Family Law Lectures Family Law 1, 3rd Edition (2011),
Lexis Nexis

JOURNALS:
• Dr. Rakesh Rai, Inter-Caste Marriages and Reservation Policy in India: A
Socio Legal Study, International Research Journal of Social Science and
Humanities
• Radha Kamal Mukherjee, Caste and Social Change in India, The American
Journal of Sociology
• Rajni Devi, Marriage Among Hindus with Special Reference to Dowry, ISOR
Journal of Humanities and Social Sciences
CASES:
• Lata Singh vs. State of U.P. & Another, (2006) 5 SCC 475
• Smt. Chandrapati vs. State of Haryana And Others (2007)
• Shakti Vahini v. Union of India, (2018) 7 SCC 192
• Zubida Akhter v. State of Jammu and Kashmir, (2017) SCC Online J&K 712
• Lata Singh vs. State of U.P. & Another, (2006) 5 SCC 475
• Ashok Kumar vs. State of Haryana, (2018) SCC Online P&H 803