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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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Akhilesh Yadav, Mayawati, Tejashwi Yadav mourns demise of Mukhtar Ansari, demand probe

Akhilesh Yadav mentioned that such doubtful cases should be investigated under the supervision of a Supreme Court judge.

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Mukhtar Ansari, gangster turned politician, who has been in jail since 2005, died due to cardiac arrest on Thursday. After Ansari’s death, his family alleged that the politician had been poisoned in the jail.  

Expressing sorrow, several opposition leaders demanded a probe into the death of Mukhtar Ansari. Notably, the gangster turned politician submitted an application in Barabanki court, alleging he was given some poisonous substance along with his food. He claimed that on March 19, his nerves and limbs started paining after he consumed the food.

Former Deputy Chief Minister of Bihar, Tejashwi Yadav wrote on X that a few days ago Mukhtar Ansari complained that he had been poisoned in jail, yet it was not taken seriously. He added that prima facie the move does not seem justifiable and humane. He stated that constitutional institutions should take suo motu cognizance of such strange cases and incidents.

Former Chief Minister of Uttar Pradesh and Samajwadi Party Chief, Akhilesh Yadav said that the state is going through the worst phase of government anarchy. He added that it is the responsibility and duty of the government to protect someone’s life in every situation and at every place. 

The former Chief Minister added that the death of a hostage or prisoner while being confined in the police station, in a fight inside the jail, on falling ill inside the prison, while being taken to court, while being taken to hospital or during treatment in hospital will erode public confidence in the judicial process. He mentioned that such doubtful cases should be investigated under the supervision of a Supreme Court judge. He claimed that the way the government bypasses the judicial process and adopts other methods is completely illegal. 

Taking to social media platform X, Bahujan Samaj Party supremo Mayawati said that the persistent apprehensions and serious allegations made by Mukhtar Ansari’s family regarding his death in jail require a high-level investigation so that the facts in his death can be revealed. 

AIMIM leader Asaduddin Owaisi said that the people of Ghazipur lost their favourite son and brother. He added that Mukhtar Ansari had made serious allegations against the administration that he was poisoned, but the government did not pay any attention to his treatment.

Congress spokesperson Surendra Rajput stated that custodial deaths and firing in jail has become very common in Uttar Pradesh. He added that high level investigation should be conducted.

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Uttar Pradesh on high alert after gangster turned politician Mukhtar Ansari death, probe ordered on poisoned in jail charge

Uttar Pradesh Director General of Police (DGP), Prashant Kumar said that as a precautionary measure, Section 144 of the CrPC has been imposed across the state.

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Several towns in Uttar Pradesh are on high alert and security has been strengthened after jailed gangster-turned-politician Mukhtar Ansari died of cardiac arrest. His family alleged that the gangster, who has been in jail since 2005, was poisoned. 

The jailed gangster was hurried to a hospital after he fell unconscious at district jail on Thursday night. After a few hours, he was declared dead by the doctors at the Rani Durgavati Medical College. 

Uttar Pradesh Director General of Police (DGP), Prashant Kumar said that as a precautionary measure, Section 144 of the CrPC has been imposed across the state. The Central Reserve Police Force (CRPF) has also been called in to assist the police. Reportedly, the CRPF units have already been deployed in Banda, Mau, Ghazipur, and Varanasi.

Additionally, the social media cell of the Uttar Pradesh Police is also on high alert to track unlawful elements that may try to spark a riot. Furthermore, a magisterial investigation into the death of Mukhtar Ansari will be carried out by a three member team, reports said.

A former five-time MLA from Mau Sadar seat Muktar Ansari, had 60 criminal cases pending against him. The gangster turned politician was sentenced in eight cases since September 2022 by different courts of Uttar Pradesh and was lodged in the Banda jail.

Earlier, the former five-time MLA from Mau submitted an application in Barabanki court, alleging he was given some poisonous substance along with his food. He claimed that on March 19, his nerves and limbs started paining after he consumed the food.

Muktar Ansari was born into a family with deep roots in the independence struggle. His grandfather served as the Indian National Congress president in 1927. He was initially affiliated with the Bahujan Samaj Party before forming the Quami Ekta Dal (QED) after being expelled.

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Delhi LG VK Saxena directs probe into remarks against Kangana Ranaut by Congress leader Supriya Shrinate

The Delhi Police will investigate who was behind the said social media post and whose mobile phone was used for the purpose.

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Delhi lieutenant governor Vinai Kumar Saxena today sought a detailed probe from Delhi Police commissioner Sanjay Arora in relation with the alleged defamatory social media post made by Congress’s Supriya Shrinate against actor-turned-politician Kangana Ranaut.

Reportedly, BJP candidate from New Delhi Bansuri Swaraj had given a complaint to the LG seeking probe and registration of an FIR against Shrinate for outraging the modesty of a woman. Subsequently, the Delhi LG has forwarded the complaint to the Delhi Police Commissioner, directing a scientific investigation in the matter and initiation of legal action, if necessary.

Reports said that the Delhi Police will also investigate who was behind the said social media post and whose mobile phone was used for the purpose. A major controversy erupted on Monday after an objectionable post from Supriya Shrinate’s social media handle against Kangana Ranaut, who has been announced as the BJP candidate from Himachal Pradesh’s Mandi.

Responding to the remarks, Kangana Ranaut said that they must free the daughters from the shackles of prejudices and must rise above the curiosity about their body parts. She added that people must refrain from using sex workers’ challenging lives or circumstances as some kind of abuse or slur. She concluded that every woman deserves her dignity. As the controversy intensified, the Congress leader asserted that someone else had posted the objectionable content from her handle. 

Meanwhile, the Election Commission on Wednesday issued a show cause notice to Congress leader Supriya Shrinate for her derogatory remarks against Kangana Ranaut. The Election Commission observed that the remarks are undignified and in a bad taste. The election body asked the Congress leader to respond to the commission by Friday. In the notice, the Election Commission stated that the statements made by the leader is prima facie violative of the Model Code of Conduct (MCC) being in force ahead of the Lok Sabha elections. 

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