The Supreme Court has repeatedly adopted a tough line against interference by khap panchayats in inter-caste and inter-faith marriages and advised them against behaving like the conscience keepers of society
Khap panchayat or any assembly attempting to scuttle the marriage between two consenting adults is "absolutely illegal", the Supreme Court said.
The bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud laid down remedial and preventive measures that would operate till a statutory framework to deal with such instances was put in place.
The landmark judgement came on a plea by NGO Shakti Vahini urging the apex court to address the issue of bodies like the Khap panchayats issuing dictates and interfering in marriages which does not meet their approval.
The top court disposed off a petition filed against Khap panchayats by an NGO called Shakti Vahini, and said "any illegal assembly "khap" can not prevent the marriage between two consenting adults".
The bench told the Centre that it will not give its suggestion on the suggestion given by amicus curiae, assisting the court in the matter, and the court would contemplate passing an order based on the amicus' suggestion.
However, the court responded that issuing threats and conducting attacks on adult couples in the name of being "conscience keepers of society is absolutely illegal".
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In the hearing last month, the SC said that no third person should interfere in the choice of marriage between two adults.
The khaps also claimed that they are the "conscience keepers" of society.
Earlier in the case, the court had made its position known.
In 2007, a Haryana court had awarded death to five people and sentenced one person to life for killing a couple on the orders of a self-styled "khap panchayat" for marrying against societal norms.
This isn't the first time the Supreme Court has come down heavily on khap panchayats. "It [honour killing] is treated as murder". Only this way can we stamp out such acts of barbarism and feudal mentality. "Moreover, these acts take the law into their own hands, and amount to kangaroo courts, which are wholly illegal", an apex court bench said in 2011.
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