The Role of Khap Panchayats: A Critical Evaluation
Dr. Ramjilal, Social Scientist, Former Principal, Dyal Singh College, Karnal – (Haryana-India)
Email—[email protected]
(SAMAJ WEEKLY)- Ancient History of India: Khap System From times immemorial, it is a well known fact that the political unit of Khap has been defined as a group of 84 villages. The functioning of equivalent to Khaps, is mentioned in the Rigveda period around 2500 BC. This unit of measurement in the form of a group of 84 villages dates back to the time of Shaka migration/invasion in the Indian subcontinent around 500 BC. Terminologies like Pal, Gana, Ganasangha, Janapada, Panchayat or Republic etc. were probably used for Khaps.
According to Laxman Burdak, Khap ; and Sarv Khap were a system of social administration and organisation in the republics of north-western states like Haryana, Rajasthan and Uttar Pradesh in India since ancient times. From the study of ancient Indian history, it is also known that in ancient times the Khap system existed in communities like Jat, Rajput, Gurjar, Kamboj etc. At present, the system of Khap Panchayat exists mostly in states like Haryana, Western Uttar Pradesh, rural areas of the national capital Delhi, Punjab, Himachal Pradesh (Devta Panchayat), Rajasthan (Nyati Panchayat), Uttarakhand (Khat Panchayat), etc. At present, there are about 3500 Panchayats in the whole of India.
Meaning of the word Khap:
From the etymological point of view, the word Khap is a combination of two words Kha + Aap. The term Kha means sky, and Aap means water. Combining both words, Khap is supreme like the sky and is as pure as water. In practical terms, it is a social, political and geographical group/organisation. According to some scholars, the word Khap is derived from the Latin word ‘Corpus’. Corpus means an organization of people, but according to the famous scholar of English literature, Dr. Bhim Singh Dahiya (former Vice Chancellor, Kurukshetra University, Kurukshetra), the word Khap is probably derived from the word–Shaka,Kshatrapi or Khatrapi. It means an area inhabited by a particular clan. Even in the present times, local leaders who have influence in a particular area are often called Chhatrapa Netas .They are leaders of a particular area and have their own special identity in regional politics. Some historians believe that the Khap Panchayats arose in the time of Maharaja Harshvardhan of Thaneshwar (643 AD). But the term Khap, originally based on religion and caste, was first published in the Jodhpur Census Report (1890-91).
Khaps of Jat Caste:
At present, there is a difference in the form of Khaps from regional and caste point of view. Most of the Khaps of Jat castes exist in Jat dominated areas. The main Khaps of Jat caste are Baliyan Khap, Dahiya Khap, Tomar Khap, Satrol Khap, Gathwala Khap, Dhankad Khap, Ramna Chauhan Khap, Kandela Khap, Nain Khap, Dhanda Khap, Atgama Khap of Meham, Chaurasi Khap, Jakhar Khap, Birohar Khap, Gehlawat Khap and Sangwan Khap, Ramala Chauhan Khap, Batisa Khap, etc.
In the 20th and current century, the most important and famous Khap of Jats has been Baliyan Khap. While reading the history of Baliyan Khap, it is known that about 1381 years ago, Maharaja Harshvardhan conferred the title of Tikait on the head of Baliyan Khap. In Baliyan Khap, Chaudhary is based on succession and not on election. For example, in 1943, Mahendra Singh Tikait was made the head of Baliyan Khap at the age of only eight years after the death of his father. The head of Baliyan Khap has unprecedented powers. On 12 May 1941, an amazing resolution was passed by the Baliyan Khap. According to this resolution, an oath was taken that, ‘we will work with our body, heart and soul for the benefit of the Khap under the leadership of our Chaudhary’.At the end of this resolution, it is clearly written that the Chaudhary of the Khap can also ‘ask for our life’.
Chaudhary Mahendra Singh Tikait, the leader of Baliyan Khap, was a famous leader of the Bharatiya Kisan Union (BKU). His life was dedicated to the farmers. Although he was the leader of Baliyan Khap, his main associates were also leaders of other castes. But his most trusted, main associate and friend was a follower of Islam. An attempt is made to belittle the personality of Mahendra Singh Tikait by calling him a Jat leader. In reality, he was a popular leader of farmers. He advocated inter-caste and inter-religious harmony. Rakesh Tikait, son of Mahendra Singh Tikait, like his father, was the national spokesperson of the Kisan Andolan (2020-2021) related to the repealing of the three agricultural laws (Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, Price Assurance and Agricultural Services Act and Essential Commodities (Amendment) Act, 2020, the Farmers (Empowerment and Protection Agreement Act), legal guarantee for minimum support price (MSP– c2+50%) and other demands. As a result of the farmers’ movement, once again Baliyan Khap came into the limelight and Rakesh Tikait proved to be a popular leader not only of Baliyan khap/ Jats but also of Hindus, Sikhs, Muslims and followers of other religions due to being a farmers’ movement leader. Khap Panchayats gained importance and re-established their popularity through the 378-day long farmers’ movement. The support of the Khaps of Western Uttar Pradesh and Haryana and protests across the country; infused new energy into the farmers’ movement.
Haryana’s Khaps and sarvjatiya panchayats took the responsibility of protecting the farmers and Khap leaders reached Singhu and Tikri borders with a large convoy of vehicles.
Khap Panchayats in other castes:
Khap Panchayats do not exist only in Jat caste, but also in other castes. These Panchayats are called by the name of Jatiya Panchayats, Mahajatiya Panchayats, Sarvajatiya Panchayats, Kshetriya Panchayats etc. rather than Khap Panchayat. But these Panchayats are not equivalent to Khap Panchayats in any way. Because Khap Panchayats are well organised. Whereas these Panchayats of other castes are formed on a single issue or social, economic, religious or political issues. Their leadership is temporary, whereas the leadership of Khap Panchayats is permanent.
Khap Panchayats or Panchayats – Positive and Progressive Side of the Picture:
The main points regarding the working system or social responsibility of Khap Panchayats are as follows:
1. Solution of Local Disputes and Problems: Although Khap Khap Panchayats and Panchayats of other castes are extra- constitutional institutions. But despite this, many local disputes and problems are resolved by them. Decisions are made to resolve the disputes relating to marriage, divorce , land, property, murder, assault, women’s honor, social reforms etc.
They help in maintaining or continuing the traditional customs and rituals of the caste and region. Problems are resolved by these Panchayats. I have seen not only ordinary people but also highly educated people, even judges of subordinate courts presenting their family disputes in these Panchayats. An attempt is made to make decisions of these Panchayats unanimously so that impartial justice can be done. Their situation is similar to that of a jury or mediation court . In these, the concerned parties explain verbally even in the most serious criminal cases, decisions are made without lawyers and without any expense. It does not take much time either. As a result, the common citizen is saved from the hassle of lawyers; fees, court fees, police harassment, court ,etc., and decisions are made quickly. The decisions taken by them also end the enmity that runs from generation to generation. In other words, Khap Panchayats provide a platform through which problems can be resolved quickly without any long legal processes. As a result, the burden of the formal judicial system is also reduced.
2. Social Reform Work: Khap Panchayats also do social reform work. They also run campaigns against traditional customs, superstitions, hypocrisy and social evils prevalent in the society. From time to time, the Panchayats also ban taking shagun on marriage and engagement and death feasts. The latest example of this is the decisions taken by Dhanda Khap on 31 March 2024 in Kaithal district.
In the name of modernity, live-in relationships are increasing at this time. This is harmful from a family and personal point of view, especially for young women. This is the reason why Khap Panchayats strongly oppose live-in relationships. They oppose marriages within the same village because it is likely to spoil the brotherhood in the village . Marriages within the same village or based on love affair are considered against family honour. Therefore, it is also opposed by the Panchayats. Such marriages are likely to spoil the atmosphere of the village and also lead to permanent enmity and many times the boy and girl who have married are also murdered or the village boycotts the newly married couples and order them to leave the village.
3. Raising Voice against the Political Leaders: Khap Panchayats of Haryana supported the women players in the harassment case and pressurised the governments to prosecute the Haryana Sports Minister Sandeep Singh and the Union Minister Brij Bhushan Sharan — the alleged perpetrators of sexual harassment. On moral grounds, both these ministers should have resigned, or they should have been removed, but where to get such political purity?
4. Preservation of Culture and Traditions: Change is an unbreakable law of nature. Yet every society is a mixture of tradition and modernity. Khap Panchayats help in preserving healthy traditions and cultural heritage along with modernization. As a result, it plays an important role in maintaining the social fabric and continuity of centuries-old healthy traditions.
5. Social Integration and Community Support: Khap Panchayats promote the spirit of collective and community responsibilities. It strengthens social relations and bonds by encouraging mutual support at the time of dire needs.
6. Promoting Social Welfare: Khap Panchayats initiate development projects, welfare schemes- roads, health centres, schools and colleges to improve the welfare of the community. While reacting to my article (https://samajweekly.com/role-of- khap-panchayats-a-critical-assessment/-published in the Samaj weely uk) R. R. Malik, (former Principal GMN College Ambala Cantt) has very rightly stated that these Khap Panchayats construct temples, Panchayat Ghars, baraat ghars, ponds, schools, colleges etc. for the collective benefit of the village or region. The Funds are collected for collective welfare works by Khap Panchayats or all caste Panchayats. In such a situation, the role of different Pannas in the village generally becomes important.
7. Role of Khap Panchayats in electoral politics: There are about 120 important Khaps in nine districts of Haryana- Jind, Rohtak, Sonipat, Rewari, Mahendragarh, Charkhi Dadri, Hisar, Bhiwani and Jhajjar. The role of Khap Panchayats in electoral politics has been very important in the 1980s. Chaudhary Devi Lal got support from Khap Panchayats and played an important role in sending Chautala to Delhi (Deputy Prime Minister). But a situation of division arose regarding supporting Om Prakash Chautala. Despite this, the INLD continued to have the support of Khap Panchayats in Jind and Hisar. On the other hand, Congress party leaders Bhupendra Singh Hooda and Kiran Chaudhary (now BJP) have been getting the support of Khap Panchayats in Rohtak, Jhajjar, Sonipat and Bhiwani. Chaudhary Devi Lal, Bhupendra Singh Hooda and Om Prakash Chautala have been powerful Chief Ministers due to the support of Khap Panchayats. Former Chief Minister Manohar Lal also had to praise the Khap Panchayats. But due to not getting the support of Jat Khap Panchayats, his position has been almost weak and before the completion of his second term, Naib Singh (Saini) was made the Chief Minister in his place before the Lok Sabha elections (2024). From ordinary politicians to the Prime Minister, everyone has to bow their heads before the Khap Panchayats. For example, during the 2014 Haryana Assembly elections, Prime Minister Narendra Modi, while addressing an election rally in Jind, said at the beginning of his speech, “I bow to this land of the leadership of Khap Panchayat.” If a popular person is not given a ticket by political parties, then independent candidates are also fielded by Khap Panchayats and Sarvajatiya Panchayats. Leaders of many Khap Panchayats and Sarvajatiya Panchayats also become members of political parties. The latest example of this is Tek Ram. Tek Ram has joined BJP (August 2024). The electoral importance of Khap Panchayats and Sarvajatiya Panchayats is continuously decreasing because the independent candidates fielded by them face defeat in electoral politics. It is our opinion that Khap Panchayats should refrain from electoral politics or party politics because the voters are not ‘bonded voters ‘of Khap Panchayats. Additionally, the participation in party politics creates division and conflict in Khap Panchayats. For example Currently, Khandela Khap is divided into three parts. Therefore, Khap Panchayats should stay away from active politics and express their views on social, economic and political issues and fight for them. The best example of this is the farmers; movement (Year2020-2021). Randhir Singh Badharan Advocate, former Chairman Bar Council of Punjab and Haryana High Court, convener of Haryana Banao Abhiyan informed me through telephonic conversations that almost all Khap Panchayats have strongly supported a separate new capital of Haryana and a separate Haryana High Court. Advocate Badharan claims that three Khap Panchayats – Nada Khap Panchayat Haryana, Goyat Khap Panchayat, and Madhan Khap Panchayat have written letters in support. These issues are gradually taking the form of a mass movement in Haryana.
Khap Panchayats: Regressive Role – Honor Killing Young girls and women are killed because they have fallen in love with a young men or have married for love. This type of murder is called ‘honour killing’ in English or murders are committed for the honour of the family. In almost every country of the world, women and men are killed for the honor of the family. The main countries among these are Albania, Australia, Belgium, Denmark, Finland, France, Germany, Italy, Norway, Sweden, Switzerland, United States of America, Canada, United Kingdom, Algeria, Morocco, Sudan, Jordan, Tunisia, Egypt, Iran, Iraq, Israel, Kuwait, Lebanon, Palestine, Saudi Arabia, Syria, Turkey, Yemen, Afghanistan, Pakistan, Bangladesh etc. ‘Honor killing’ takes place in these countries. India is no exception. In India also, young girls, women and couples are killed because they have fallen in love and have done love marriage. In North India, murders are done for honor of family, village, caste or clan.
Due to so-called traditional conservative social values and customs of society, honor is shown only by killing newly married girls and couples. Almost 156 years ago, Savitribai Phule, while describing the social taboo in a letter (29 August 1868) to Jyotiba Phule, has written how an inter-caste marriage – that is, Ganesh (Brahmin) and Sharja (Mahar – untouchable) girl were having a love affair and she was six months pregnant. The Dalit pregnant girl was paraded around the village and both of them were threatened with death. Savitribai intervened and saved the lives of both the parties (Brahmin and Mahar) by convincing both the parties and by convincing the boy and the girl to leave the village. In 1868, the case of love affair was considered a ‘stigma’ and inter-caste marriage was also opposed. Today, even after 156 years, when everyone has equal rights, inter-caste love marriages are criticised on family, caste or religious grounds. As a result, headlines of honor killings (planned murders / horror killings) keep appearing in newspapers and on social media, In other words, love birds must face death.
The honor killing is against the right to equality given to citizens in the Indian Constitution (Articles 14 and 15).According to these articles, discrimination cannot be made on the basis of religion, race, caste, sex or place of birth. Article 19 of the Constitution gives the right to freedom, while Article 21 gives the right to life. The honour killing is a violation of the right to life. It also violates the right of a person to choose his/her life partner, irrespective of caste or religion. Not many cases of honour killing are registered in police stations in India. According to the National Crime Records Bureau, a branch of the Ministry of Home Affairs of the Government of India, as per the report of 2020, 25 cases of honor killing were registered in police stations in the year 2019. According to an NGO Evidence Report (November 2019), 195 cases of honor killing were reported from Tamil Nadu alone in five years.
According to the report of Indian Population Static Survey, 655 cases were registered in police stations in 2007. Most of the cases were from Punjab, Haryana, Delhi and Uttar Pradesh. 25 cases were reported in Muzaffarnagar district of Uttar Pradesh in 2007. This is a record. The then DGP of Haryana believed that 10% of the murders of women in Haryana are for honor. Most of the cases of women are due to love. For example, in 2004, 15672 women were kidnapped in entire India. Out of these, 61% were kidnapped for marriage. According to the National Crime Record Bureau (NCRB) of the Home Department of India, the graph of honor killing cases keeps going up and down. For example, in 2015, 251 people were killed in honor killings. This number was 796% more than in 2014.
In the 3 years from 2014 to 1 August 2017, 288 incidents of honor killings took place. There were 25 incidents of honor killing in 2019, 25 in 2020 and 31 in 2021. In the 8-year period from 2014 to 2022, 488 cases of honor killing were registered in India. These figures may be incomplete as many cases are not registered in police stations. By analysing and classifying these 488 cases, it was found that only three percent of the cases are related to Gotra marriages and 97% of the cases are due to caste, religion and other reasons.
In Haryana, orders have been issued by the Khap Panchayats to such married couples to leave the village, boycott the family, leave the family and expel them from the village, order the lovers to tie Rakhi to each other and call each other brother and sister and give some money as shagun. In such cases, the entire village becomes insensitive and no one is ready to open his/her mouth and if someone speaks, he also speaks in favor of the murderers.
Khap Panchayats have not issued any orders regarding female foeticide, increasing atrocities against women, corrupt officials and politicians of their respective castes, people who marry women after buying them, murderers, anti-social elements etc.
The silence of the police, administration and politicians or their support to the Khaps is a matter of concern. In short, this attitude is not only against freedom, dignity and rights of the individual, women and weaker castes but is also against civilized society, democratic system, pluralistic social system, constitutionalism and constitutional institutions.
Reasons for honour killing:
Although almost half of the world’s population is of women. But due to the male-dominated society, women are exploited, suppressed, tortured and harassed from the womb to tomb. Because of the patriarchal system, centuries-old traditions and standards are imposed on women. Even today, women’s bodies and their lives are considered as property of family and community. The purity of the character of women and girls is the responsibility of contractors of caste and religion, apart from the family, whose own purity is doubtful. The Killing of married couples is considered a matter of pride for the family and society The killers get the support of caste or Gotraand khaps also. It is our well considered opinion that despite many constitutional provisions, rights and laws, honor killing continues even today because the mentality of the society is anti-women. Till this mentality does not change, no law can rescue women and all claims of women empowerment seem hollow. While reacting to my article (https://samajweekly.com/role-of-khap-panchayats-a-critical- assessment/) Professor Pratap Singh Panwar( Advocate, Karnal, Principal, retired, CC SHAU, Agricultural College, Kaul) wrote to me about the regressive role of Khap Panchayats. The revised and detailed version is given as under:
1. Violation of Personal Rights: Khap Panchayats have been criticized for violating personal rights. Especially the decrees issued in controversial cases like forced marriage, divorce, caste-based discrimination, decisions against the dignity of the individual, honor killing, etc. are the main reasons for criticism. The decrees (decisions) issued by Khap Panchayat are often against the fundamental rights and human dignity given in the Indian Constitution, due to which Khap Panchayats were criticized by the Supreme Court of India.
2. Lack of Legal Authority and Accountability: Khap Panchayats are extra-constitutional institutions, that is, being informal institutions, they are outside the formal legal system. As a result, due to lack of legal recognition, they are also not accountable. In other words, they are neither accountable to the law nor to the public.
3. Lack of Judicial Review: Their decisions are not subject to judicial review or appeal, due to which the possibility of injustice and misuse of power remains constant. Apart from this, in many cases, these Panchayats hesitate to issue orders against powerful and highly influential persons or powerful notorious goons..
4. Gender Inequality and Discrimination: Gender inequality and discrimination exist in the patriarchal system of society. According to sociologist Sylvia Walbe,’Patriarchy is such a process and system of social structure in which man dominates, suppresses and exploits woman.’ Due to gender inequality, women suffer from exploitation, humiliation and discrimination. As a result, according to the Global Gender Gap Index-2023, India is ranked 127th among 146 countries. Khap Panchayats often help maintain the norms of patriarchal system and gender discrimination.
5. Exclusion of Women: Women are usually excluded from the decision making processes and meetings of these Panchayats. Their rights and their voices are often suppressed. As a result, women are harassed in many cases, let alone getting justice from Khap Panchayats. It hinders the development of women and is completely against their personal dignity and honor. Many examples can be given in this regard.
a. Minimum Age of Marriage of Girls is 15 years: In July 2010, a Sarv Khap Panchayat of Haryana decided to fix the minimum age of marriage of girls at 15 years. This decision can create a big obstacle in the path of health and education of girls.
b. Restrictions on Girls: In 2014, in Sauram village of Muzaffarnagar district of Uttar Pradesh, the Panchayat banned girls from wearing jeans, having mobile phones and using the Internet. No such ban was imposed on boys. Panchayat has nothing to do with the fact that in today’s scientific age, mobile and internet are very important and beneficial devices for current education.
c. An order to rape two sisters and forced to walk naked: In 2015, in Baghpat (Uttar Pradesh), due to a brother eloping with a girl from a higher caste, the Khap Panchayat issued an order to rape his two sisters and walk naked in the village. The question is why the sisters were given such inhuman punishment for the brother’s mistake?
d. Social Boycott and Fine of Rs 40 lakh: Although according to the Hindu Succession Act 1956, both sons and daughters have equal rights in their father’s self- acquired and ancestral property. The amendment made in the Act in 2005 ensures that daughters have equal rights as sons in ancestral property. In other words, daughters have been given equal rights as sons in ancestral property by law. On the basis of this law, an elderly woman in Rajasthan expressed her desire to get land registered in the name of her daughters. As a result, the woman’s in- laws opposed it and a meeting of the Khap Panchayat was called. In the meeting of the Khap Panchayat, keeping the Constitution and law aside, not only was the elderly woman denied the right to get her property registered in the name of her daughters, but she was also fined Rs 40 lakh and a decision was also taken to socially boycott her. It is clear that law and constitution have no importance for the Khap Panchayat. (Rajasthan – Bhilwara August 2018).
e. Unjust, Inhuman and Cruel Talibani Orders: Khap Panchayats have not only dissolved marriages but? have also taken very unjust and inhuman decisions. Khap Panchayat issued Talibani orders to dissolve the marriage of Ashish-Darshana (village Jodhni, district Jhajjar) and to live like brother and sister. Similarly, Khap Panchayat issued a Tughlaqi order to Rampal-Sonia (village Asanda, district Rohtak, October 2008) to tie Rakhi to Sonia and give her 10 rupees as shagun despite Sonia being pregnant, not only this, Khap Panchayat issued a tyrannical order to Rampal to tie Rakhi to Sonia and give her 10 rupees as shagun, but also insulted the sacred relationship of brother and sister. Such an order is very unjust, inhuman and cruel towards Sonia’s unborn child.
6. Opposition to Inter-religious and Inter-caste Marriages Inter-caste and inter-religious marriages have been supported by scholars from time to time for national integration and social integration. About 10% of marriages in India are inter-caste. Inter-religious marriages are often criticised as love jihad. The Supreme Court of India supported the decision in favour of inter-caste marriages. But Naresh Tikait, the head of Baliyan Khap, opposed the Supreme Court’s interference in traditions and also warned against producing girls. This is actually tantamount to contempt of the Supreme Court.
7. Opposition to Modernisation: Many decisions of Khap Panchayats emphasize on following traditional customs and traditions. As a result, Khap Panchayats are seen opposing social and religious reforms and modernisation processes. Due to which progress in social and other areas can be hindered.
8. Social Division and Conflict: The actions and decisions of Khap Panchayats can promote social division and conflict. Such situations arise when decisions are taken on the basis of caste. Not only this, due to these decisions there is a danger of increasing social tension and violence within different communities. Such examples have been seen in many villages of Haryana in the current century. In this way, after making a close and incisive study of different factors, we can safely and rightly aver the fact that Khap Panchayats/caste Panchayats have issued Tughlaqi decrees against women in U.P.,Haryana, Rajasthan and other states. The main reason behind it is the anti-woman mentality of the society. Until and unless, this mentality or mind set changes, no law can save women and all claims of women empowerment and safety seem hollow. But, the fact remains that their contribution in farmers’ movements, Hindu-Muslim unity, support to oppressed women wrestlers, woman coach and demand to award Bharat Ratna to Vinesh Phogat and above all work done for social reforms is incomparable.
