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No one has right to interfere in marriage of consenting adults: CJI on khap panchayats

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Husband watches adult films, ruining married life, wife petitions Supreme Court

In a strident reprimand of khap panchayats (self-anointed family courts) who sanction assaults on couples who marry despite their objections, Chief Justice Dipak Misra, on Monday (February 5), said that no one has the right to interfere if two consenting adults decide to enter into matrimony.

The verbal rebuke by the Chief Justice of India came during proceedings in a writ petition filed by NGO Shakti Vahini, which has sought a ban on khap panchayats.

The khaps, as these self-appointed courts are often referred to, are a common phenomenon in parts of north India, particularly Haryana, and have often been in the dock for sanctioning violence against consenting adults – usually from the same ‘gotra’ – who decide to marry. Over the years, several murders of such couples have been reported by the media and the role of the khaps in sanctioning these killings has often come to light.

The Supreme Court Bench, also comprising Justices AM Khanwilkar and DY Chandrachud, made it amply clear that “Where two consenting adults agree to enter into matrimony, no individual rights, group rights or collective rights shall interfere therein or harass the couple”.

The Chief Justice pointedly told the counsels appearing for the khap panchayats: “if two adult persons are marrying with their consent, you are no one to create an obstacle”, while adding “whether it is parents, society or anyone, they are out of it.”

Curiously a counsel appearing for the khap panchayats argued that these “family courts” are “against honour killings” and “support inter-caste as well as inter-religious marriages”. However, the counsel added: “Because of the skewed sex ratio in Haryana, as many 2.5 million local boys have married in other states. What the Khap Panchayats are opposed to is intra-gotra marriage. Say, I am a ‘Hooda’; it is an age old tradition that a hooda shall not marry another hooda. They are deemed to descended from a common ancestor and hence, are siblings.”

The khaps submitted further that “as per Section 5(v) of the Hindu Marriage Act, marriages between sapindas – calculated as within 5 degrees of relations from the father’s side and 3 degrees on the mother’s side – are prohibited. Scientifically also it has been proven that such marriages have a disastrous impact on the genetics of the children.”

However, the Chief Justice said: “We are not concerned with the Khap Panchayats. Nobody, neither the society, the parents nor other relatives of either party to the marriage nor the Panchayats, may interfere”.

Chief Justice Dipak Misra took offence to the counsel of the khap panchayats submitting that his clients were acting as “conscience keepers” of the society and told him, “Don’t be conscience keepers. If two adults want to get married nobody should interfere.”

On the specific reference to the opposition of khap panchayats to intra-gotra marriages, the Chief Justice said: “We are not writing an essay here. We are not concerned with thesapinda or gotra. We are only interested in the decision of two adults to get married. If any issue arises in respect of the marital status or property, the court shall be entitled to decide the same. The children may be legitimate or illegitimate, that may be for determination in a partition suit. Similarly, even the marriage may be null and void. But you keep out of it. No third party shall interfere.”

It is pertinent to recall that on the last date of hearing, senior advocate Raju Ramachandran, who has been appointed amicus curiae in the case, had filed his report before the court detailing suggestions on the issue of khap panchayats and ‘honour killings’ (a term often used by votaries of these family courts to justify murders of couples who had married despite being sapindas or from the same gotra).

The Bench has granted time to Additional Solicitor General Pinky Anand, till February 16 – the next date of hearing in the case – to file the centre’s response to Ramachandran’s report stating that this is a “serious issue.”

2024 Lok Sabha Elections

Sunita Kejriwal holds maiden Lok Sabha election roadshow in Delhi

Sunita Kejriwal will also hold a road show in West Delhi Lok Sabha constituency on Sunday. AAP party leaders said Sunita Kejriwal will also spearhead the campaign for AAP candidates in South Delhi and New Delhi constituencies as well as in Haryana, Gujarat and Punjab.

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Aam Aadmi Party began its campaign for 3rd phase of Lok Sabha elections 2024 on Saturday with Sunita Kejriwal, wife of jailed Delhi Chief Minister Arvind Kejriwal holding a roadshow in Delhi. In a massive rally, Sunita Kejriwal was be seen standing on a vehicle holding her hands and greeting the people of the area. AAP’s East Delhi candidate Kuldeep Kumar was seen sitting on the vehicle as he showcased a portrait of Rani Laxmibai.

Earlier ahead of Sunita Kejrieal’s roadshow, Kuldeep Kumar told the media that Delhi Chief Minister Arvind Kejriwal who worked to provide the best school, and free- electricity to the people of Delhi has been framed in a fake case by BJP. Kumar further added that from today onwards Sunita Kejriwal’s roadshow will start and she is going to seek support and blessings from the Delhi people to continue its fight against the BJP government.

Aam Aadmi Party workers also staged a protest under the banner of Jail ka jawab vote se near Delhi’s Lakshmi Nagar area on Saturday against the arrest of Delhi CM Arvind Kejriwal in connection with an excise policy case.

After the Delhi CM’s arrest by the Enforcement Directorate (ED) in the liquor policy case in March, Sunita Kejriwal has taken up a more prominent role in campaigning activities for the Aam Aadmi Party. Since the Delhi CM’s arrest, Atishi and other AAP leaders have alleged that the arrest was made so that to the AAP Supremo can be prevented from campaigning for the Lok Sabha elections. Arvind Kejriwal has been sent to judicial custody until May 7.

Sunita Kejriwal will also hold a road show in West Delhi Lok Sabha constituency on Sunday. AAP party leaders said Sunita Kejriwal will also spearhead the campaign for AAP candidates in South Delhi and New Delhi constituencies as well as in Haryana, Gujarat and Punjab. She is emerging as a star campaigner for Aam Aadmi Party.

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2024 Lok Sabha Elections

Mallikarjun Kharge says candidates for Amethi, Rae Bareli seats in Uttar Pradesh will be announced in a few days

On being asked about the names of the candidates for Amethi and Rae Bareli Lok Sabha constituencies Mallikarjun Kharge said the people will have to wait for a few more days. He said when the names of candidates come from people to him and he will sign the notification, then the announcement will be made.

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Congress president Mallikarjun Kharge on Saturday said that the candidates for prestigious Amethi and Rae Bareli seats in Uttar Pradesh will be announced in a few days. He was addressing a press conference where he claimed that though the BJP says the corrupt must be put in jails, when leaders facing corruption charges join the saffron party, they are put on the lap and sent to Rajya Sabha or assembly.

On being asked about the names of the candidates for Amethi and Rae Bareli Lok Sabha constituencies he said the people will have to wait for a few more days. He said when the names of candidates come from people to him and he will sign the notification, then the announcement will be made.

On being questioned about Congress leaders changing constituencies Kharge asked how many times have Atal Bihari Vajpayee and Lal Krishna Advani changed their seats. His response came when asked about the BJP criticising Rahul Gandhi for fighting the elections from Kerala’s Wayanad instead of Amethi. Referring to Assam Chief Minister Himanta Biswa Sarma, Kharge said the Congress is not affected by people who grew up in the party and left it later.

The Congress president launched an all round attack on the BJP and PM Modi and said the prime minister did not implement even one of his electoral promises and still says Modi did a lot of work for the country. Addressing the press conference he said the BJP never fought for the independence of India, but Congress is a party of those who made India independent. He said the BJP never fought for the independence of India, for the development of India. The Congress President said the BJP speaks so much about patriotism and that the contribution of Pandit Jawahar Lal Nehru, Indira Gandhi and Lal Bahadur Shastri is nothing before them.

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2024 Lok Sabha Elections

Priyanka Gandhi accuses BJP of planning to change the Constitution, criticises PM Modi for inflation

Priyanka Gandhi was speaking at an election rally at Dharampur village of tribal dominated Valsad district held in support of Congress candidate for ST-reserved Valsad Lok Sabha seat, Anant Patel.

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Congress leader Priyanka Gandhi on Saturday said the BJP may be denying it now, but the party will change the Constitution if it returns to power. She targeted Prime Minister Narendra Modi over inflation and called him the mehengai man.

Gandhi said the BJP leaders and candidates are saying that they will change the Constitution. She said PM Modi is denying it and this is BJP’s tactic. Priyanka Gandhi was speaking at an election rally at Dharampur village of tribal dominated Valsad district, Gujarat held in support of Congress candidate for ST-reserved Valsad Lok Sabha seat, Anant Patel.

Gandhi said first the BJP will deny what they want to do. But after coming to power they will implement it. She further added the BJP wants to change the constitution to weaken the common people and deprive them of their rights given in the Constitution. She said the BJP leaders project the Prime Minister as powerful and say that chutki bajake ladai rukwa dete hai (he can stop the Russia- Ukraine war with the snap of his fingers). She asked why is Prime Minister unable to remove poverty just like that?

Priyanka Gandhi claimed the tribal population in Gujarat which is Modi’s home state and the whole country is suffering from issues like rising inflation, unemployment, low remumberation, loss of land, violence against women and other atrocities. She highlighted the Congress manifesto and said it addresses issues faced by the tribal population.

She assured the people that the Congress will bring schemes like MGNREGA for urban areas where families will get 100 days of guaranteed work. She said the Congress is committed to filing about 30 lakh vacancies in government jobs, providing subsidised diesel to fishermen and take the minimum wage to Rs 400. Gandhi said the Congress is going to work out sub plans for Scheduled Tribes and scheduled castes.

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