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

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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.”

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Himanta Sarma to approach court over threat to gherao home in Zubeen case

Assam Chief Minister Himanta Biswa Sarma said his government would approach the Supreme Court and Gauhati High Court over a threat to gherao his residence if two prime accused in the Zubeen Garg death case are granted bail.

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Assam Chief Minister Himanta Biswa Sarma on Friday said the state government would bring before the Supreme Court and Gauhati High Court a threat by a group to gherao his residence in connection with the Zubeen Garg death case.

Speaking to reporters, Sarma described the threat as a serious matter, saying it posed a danger to his family and could amount to a direct attempt to murder.

The development comes ahead of the Supreme Court hearing on November 30 of the bail petitions filed by Shyamkanu Mahanta and Siddhartha Sharma, the two prime accused in the case.

Why Himanta Sarma plans to approach the courts

Sarma said he had instructed the state government’s legal department to bring the matter to the notice of both the Supreme Court and Gauhati High Court.

The Chief Minister objected to the group threatening to target his residence rather than holding a protest near the Chief Minister’s Office.

He said those questioning the judicial process should approach the Supreme Court or the high court instead of targeting him. Sarma also maintained that the courts should be allowed to carry out their work.

According to him, attempts to question the judicial process in this manner could obstruct the path of justice.

What the group said about the bail pleas

The Zubeen Garg Nyay Samiti, led by Raijor Dal MLA Akhil Gogoi, had announced on Thursday that it would gherao the Chief Minister’s residence under certain circumstances.

The group said it would carry out the protest if Shyamkanu Mahanta and Siddhartha Sharma were granted bail or if the Assam government failed to mount an effective legal opposition to their bail pleas.

The Supreme Court is scheduled to hear the bail petitions of the two accused on November 30.

Bail granted to two accused in the case

The Gauhati High Court granted bail to singer Amritprava Mahanta, an accused in the Zubeen Garg death case, on October 9. She was granted bail against a bond of Rs 50,000 and two sureties of the same amount.

The high court has also granted bail to Sandipan Garg in the case.

Referring to the bail order concerning Amritprava Mahanta, Sarma said it mentioned that 160 witnesses had not named her during the court hearing, despite having done so during the investigation conducted by the Special Investigation Team (SIT).

Responding to questions over the development, Sarma said the witnesses should be questioned about the discrepancy rather than him.

What happened to Zubeen Garg?

Singer Zubeen Garg died in Singapore on September 19 last year while swimming in the sea.

Police in Singapore had said that no foul play was involved in his death. Garg had travelled to Singapore to attend the fourth edition of the North East India Festival (NEIF).

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Rahul Gandhi targets Modi government over alleged ‘petrol chori’

Rahul Gandhi has accused the Modi government of ‘petrol chori’, citing Karnataka government tests that allegedly found excess ethanol in several petrol samples.

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Congress leader Rahul Gandhi has stepped up his criticism of the Centre over the E20 petrol issue, alleging that consumers could be paying for petrol while receiving fuel containing more ethanol than the prescribed 20 per cent level.

In a post on X on Saturday, Mr Gandhi referred to the issue as “petrol chori” and cited test results from petrol samples collected by the Karnataka government.

He said the government maintains that petrol contains 20 per cent ethanol, but alleged that testing of samples from seven Karnataka districts showed higher levels in several cases. 

Rahul Gandhi cites Karnataka petrol test results

According to the figures cited by Mr Gandhi, 11 of 14 samples tested contained more than 20 per cent ethanol. He highlighted results of 31.2 per cent for an IOCL sample and 30.5 per cent for an HPCL sample.

He also named IOCL, HPCL, BPCL, Nayara and Shell while alleging that samples from both government-owned and private companies exceeded the 20 per cent level. These are allegations based on the tests cited by Gandhi and the Karnataka government, rather than an independently established finding covering all petrol sold by these companies. 

The samples were reportedly collected from areas including Bengaluru, Kolar, Chikkaballapura, Bengaluru Rural, Ramanagara, Mangaluru and Tumakuru and tested at the Shriram Research Institute in Bengaluru. 

What Rahul Gandhi said about ‘petrol chori’

Mr Gandhi used the phrase “E20 turned into 420” in his post, linking the reference to Section 420 of the erstwhile Indian Penal Code, which dealt with cheating.

He questioned the Centre over the actual ethanol content of petrol and asked when action would be taken against companies that, according to the allegations, supplied fuel containing more than 20 per cent ethanol.

He also argued that excessive ethanol blending could affect vehicle performance, including mileage and maintenance costs, and questioned why fuel stations do not disclose the actual ethanol content of the petrol being sold. 

Oil companies dispute Karnataka findings

The three state-run oil marketing companies — Indian Oil Corporation, Bharat Petroleum Corporation and Hindustan Petroleum Corporation — have disputed the Karnataka government’s findings.

The companies said the reported results were not supported by testing carried out according to the prescribed statutory and technical procedures. They maintained that E20 petrol supplied through their retail networks conforms to the Bureau of Indian Standards’ IS 17021 specifications, which prescribe an ethanol range of 19-21 per cent.

The companies have also questioned aspects of the sampling and testing process and sought access to the relevant samples and documentation for independent testing.

Rahul Gandhi reiterates debate challenge

Mr Gandhi also reiterated his challenge to Prime Minister Narendra Modi for an open debate, saying the ethanol-blending issue could be included along with the other issues he has been raising.

His latest remarks come amid a political exchange over the Karnataka government’s allegations concerning ethanol levels in petrol and the oil companies’ rejection of those findings.

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Sharad Pawar discharged from hospital, NCP merger speculation intensifies

Sharad Pawar was discharged from Breach Candy Hospital in Mumbai on Saturday after receiving treatment for a chest and respiratory infection. His discharge comes amid renewed political discussions surrounding a possible merger of the NCP factions.

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Nationalist Congress Party (Sharadchandra Pawar) chief Sharad Pawar was discharged from Mumbai’s Breach Candy Hospital on Saturday after undergoing treatment for a chest and respiratory infection. The 85-year-old leader returned to his residence following a three-day stay at the hospital.

Pawar had been admitted to Breach Candy Hospital earlier this week after being discharged from Pune’s Ruby Hall Clinic. He was initially admitted to the Pune facility on November 2 and discharged on November 4, following which he was shifted to Mumbai for further medical evaluation and treatment.

His hospitalisation had drawn visits from several political leaders and prominent personalities, including Congress leaders Sushilkumar Shinde and Balasaheb Thorat, NCP leader Dilip Walse-Patil, industrialist Gautam Adani and NCP leader Praful Patel.

Sharad Pawar’s hospitalisation and discharge

Pawar was receiving treatment for a chest and respiratory infection during his stay at Breach Candy Hospital. His discharge on Saturday followed the improvement in his health.

The veteran politician had initially complained of persistent cough and chest discomfort before being admitted to Ruby Hall Clinic in Pune. He was subsequently shifted to Mumbai for additional medical evaluation.

Prime Minister Narendra Modi had also spoken to Pawar over the phone to enquire about his health and advised him to take adequate rest.

NCP merger speculation gains momentum

Pawar’s discharge comes at a time when political discussions surrounding a possible merger between the Ajit Pawar-led Nationalist Congress Party and the Sharad Pawar-led NCP (SP) have gained attention.

The political buzz intensified following a meeting between senior NCP leaders and Union Home Minister Amit Shah in Delhi. The absence of NCP chief Sunetra Pawar and her son Parth Pawar from the meeting also drew attention amid reports of internal differences within the party.

NCP leader Praful Patel had also visited Sharad Pawar at Breach Candy Hospital. However, Patel had rejected speculation that their meeting involved political discussions, saying that he regularly met Pawar and Supriya Sule because of their family ties.

The possibility of bringing the two NCP factions together has therefore remained a subject of political discussion, although no confirmed merger announcement has been made.

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