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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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Four militants killed as rival Naga groups clash in Manipur village

Four militants were killed in a gunfight between suspected rival Naga groups at Taodaijang village in Manipur’s Noney district on Wednesday.

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Manipur violence

At least four militants were killed in a gunfight between suspected rival Naga militant groups in Manipur’s Noney district on Wednesday, November 4.

The exchange of fire took place at Taodaijang village in the Khoupum area of the Naga-majority district. According to officials, the cadres involved were suspected to belong to rival Naga militant outfits, including the Zeliangrong United Front-Jenchui (ZUF-J) and the Zeliangrong United Front-Kamson (ZUF-K).

Initial reports indicated that the gunfight continued for several hours, leaving three cadres of ZUF-J and one cadre of ZUF-K dead.

The bodies of the deceased militants were subsequently recovered by local residents.

Residents appeal to armed groups to stop firing

Following the gunfight, local residents, including women, reached the spot in an attempt to prevent further violence between the rival groups.

They also used a public address system to appeal to the armed cadres to stop firing and prevent the situation from escalating further.

Further details about the circumstances surrounding the clash were awaited.

Manipur government reviews security situation

In a separate development, Manipur Chief Minister Yumnam Khemchand Singh directed senior security officials to identify active armed groups suspected of involvement in recent incidents of violence in the state.

The directive excluded groups engaged in peace talks with the state government.

The Chief Minister issued the instructions during a review meeting on the state’s law and order situation on Tuesday night.

He also asked security agencies, including the Army and central paramilitary forces, to submit a detailed report on the involvement of the suspected groups.

The Chief Minister said the state Cabinet could consider declaring such groups unlawful if their involvement in violence against innocent civilians was established.

He also emphasised that necessary action would be initiated against groups continuing to perpetrate violence against civilians.

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Agnipath scheme gets 2-year extension for Agniveers, tenure may rise to 6 years

The Centre has introduced a two-year extension for the remaining 75% of Agniveers under the Agnipath scheme, creating another opportunity for them to seek enrolment in the regular armed forces.

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The Centre has introduced a significant change to the Agnipath recruitment scheme, offering a two-year extension to Agniveers who were earlier expected to leave the armed forces after completing their initial four-year service.

Chief of Defence Staff (CDS) General NS Raja Subramani announced the decision on Wednesday following a Union Cabinet meeting. Under the revised arrangement, the 75% of Agniveers who were not initially selected for absorption into the regular armed forces will be offered an additional two-year engagement period.

The development creates another opportunity for these personnel to continue serving in the armed forces beyond their original four-year tenure.

What changes under the revised Agnipath scheme?

Under the original Agnipath framework, Agniveers were recruited for a four-year service period, including training. At the end of this tenure, up to 25% of each batch could be selected for permanent enrolment into the regular armed forces, while the remaining 75% were expected to return to civilian life.

The revised arrangement introduces an additional two-year engagement for the latter group. This means their potential service period could increase from four to six years.

The extension also creates another opportunity for Agniveers to seek enrolment into the regular armed forces after completing the additional two years.

What happens after the additional two years?

According to General NS Raja Subramani, Agniveers completing the extended engagement period and willing to continue serving will be considered for enrolment in the regular armed forces.

Their selection will be based on objective criteria.

This creates an additional pathway for those who are not absorbed into the regular forces after their initial four-year tenure. However, the revised arrangement does not mean that every Agniveer will automatically receive permanent enrolment.

Why has the decision been taken now?

The announcement comes as the first batch of Agniveers recruited under the scheme approaches the completion of its initial four-year service period.

The Agnipath scheme was introduced on June 14, 2022, to recruit personnel into the Indian Army, Navy and Air Force for a fixed four-year engagement.

General Raja Subramani said the scheme had been undergoing periodic reviews, with the performance of Agniveers being continuously evaluated. He also indicated that feedback on their performance had been very positive.

The latest Cabinet decision creates an additional route for retaining personnel beyond the initial engagement period.

What was the original Agnipath arrangement?

Under the original framework, the armed forces could retain up to 25% of Agniveers in the regular cadre after their four-year service period, subject to selection.

The remaining 75% were to complete their engagement and transition to civilian life.

With the latest revision, this group will receive an additional two-year engagement opportunity before being considered for enrolment into the regular armed forces under the prescribed selection criteria.

The change therefore modifies the earlier arrangement by providing an additional opportunity for Agniveers to continue their military careers.

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Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

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Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

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