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Khaps cannot interfere in marriages, cannot even hold meeting for it: Supreme Court

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Supreme Court

A three-judge bench headed by Chief Justice Dipak Misra on Tuesday, March 27, ruled that self-appointed quasi-judicial bodies like khap panchayats trying to scuttle marriage between two consenting adults were “absolutely illegal”.

The court, in an “unlimited direction” to parents, society and khap panchayats, said that interference, harm or insult caused to consenting adults who fall in love and choose to marry is absolutely illegal.

The bench, also consisting of justices AM Khanwilkar and DY Chandrachud, laid down guidelines to prevent such interferences and said the norms laid down by it would remain in force till a suitable legislation is enacted by the Parliament.

The bench which, in an earlier hearing, had told khap panchayats not to act as conscience keeper of the people, further said that any assembly which is intended to scuttle a marriage of two consenting adults is also illegal.

The court was hearing a PIL by NGO Shakti Vahini which had moved the court in 2010 seeking directions to the central and state governments to prevent honour crimes. The apex court also asked the Centre and state government to issue directions to crackdown on such illegal assemblies.

The court said the fundamental right of two people who wish to get married to each other and live peacefully is absolute.

In previous hearings on a petition filed by NGO Shakti Vahini, the court had repeatedly emphasised that no one has any individual, group or collective right to harass a couple.

In the hearing last month, the SC said that no third person should interfere in the choice of marriage between two adults. The bench, also comprising Justices AM Khanwilkar and DY Chandrachud, said “whether the law prohibits or allows a particular marriage, the law will take its own course” but “when two people get into a wedlock, no panchayat, no one should interfere”.

During the proceedings in the matter, the Centre too had told the top court that state governments must provide protection to couples fearing for their lives due to inter-caste or inter-faith marriages and that such couples should inform the marriage officers about any such threat.

In an indication that it would not recognise khap panchayats, the top court had also said that it would refer to them only as an assembly of people or as a community group.

A counsel appearing for the khaps said the panchayats promote inter-caste and inter-religious marriages. He also referred to provisions in Hindu marriage law which prohibit union between ‘sapinda’ relations (those between close relatives), saying that even science had proved that such marriages can lead to genetic problems in children. He submitted that khaps do not approve honour killings, adding that “custom is not above a human life”. The court said it was not concerned about khaps but only about the freedom of choice of adults in marriages.

The Centre had earlier pleaded with the apex court to put in place a mechanism to monitor crimes against women by khap panchayats, saying that the police was not able to protect such women.

The government had acknowledged that “honour killing was neither separately defined or classified as an offence under the prevailing laws. It [honour killing] is treated as murder.”

The proposed law against honour killing — The Prohibition of Interference with Freedom of Matrimonial Alliance Bill — is still under circulation among the States. The Centre recommended that the State governments should take responsibility for the lives of couples who fear retaliation. They should be housed in special protection homes, away from danger.

The government said special cells should be formed in every district to receive complaints from couples who feared for their lives.

The Centre said the apex court, due to the pendency of the proposed Bill, should categorically issue directions that “no person or assembly of persons shall harass, torture, subject to violence, threaten, intimidate or cause harm to any couple wishing to get married by their own choice or couple who have got married.”

The top court had also said that as a pilot project, it would examine the situation in three districts of Haryana and Uttar Pradesh where khap panchayats were active.

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Pawan Khera faces fresh setback as Supreme Court refuses relief in passport row case

Congress leader Pawan Khera faces fresh setback as Supreme Court refuses interim relief and directs him to seek bail from Guwahati High Court.

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Pawan Khera

Congress leader Pawan Khera suffered another legal setback on Friday after the Supreme Court of India declined to extend protection in a case linked to his remarks about Himanta Biswa Sarma’s wife.

A bench of the apex court refused to interfere with an earlier order that had stayed the transit anticipatory bail granted to Khera by the Telangana High Court. This decision leaves the Congress leader open to possible arrest by Assam Police in connection with the case.

During the hearing, Khera’s counsel sought interim protection, but the court declined the request and advised him to approach the appropriate court in Assam for relief. The bench clarified that the Guwahati High Court should decide any bail plea independently and on its merits.

“Am I a terrorist?” remark during hearing

While seeking protection, Khera’s legal team expressed concern over the urgency of the situation. In court, his counsel remarked, “Am I a terrorist?” highlighting the plea for temporary relief until a fresh bail application could be filed.

The Supreme Court also raised concerns over the submission of incorrect documents during the proceedings, adding another layer to the legal complications faced by the Congress leader.

Case linked to remarks on CM’s wife

The case stems from a press conference held earlier this month, where Khera made allegations regarding the citizenship status and financial assets of the Assam Chief Minister’s wife, Riniki Bhuyan Sharma.

He had claimed that she possessed multiple passports and owned undisclosed overseas properties. These allegations were strongly denied by the Chief Minister’s family, who termed them fabricated and misleading.

Legal battle intensifies

Earlier, the Telangana High Court had granted Khera temporary transit anticipatory bail, allowing him time to seek relief from a competent court in Assam. However, the Supreme Court stayed that order following a challenge by Assam authorities, escalating the legal battle.

With the latest ruling, Khera is now expected to move the Guwahati High Court for anticipatory bail as the case continues to unfold.

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Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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