Why in news?
Supreme Court in its recent verdict has upheld the choice of consenting adults to love and marry as a part of their fundamental rights.
What is the verdict?
- The judgment came on a petition filed by NGO Shakti Vahini to curb honour crimes.
- The court held that the consent of the family, community or clan is not necessary for marriage.
- This is to safeguard young couples under threat for marrying outside their caste or religion.
- The Court also issued a set of guidelines for the authorities, to stop interference by khap panchayats. (Click here for SC Guidelines)
- The guidelines issued by the Court will be in place till the government comes up with a law.
Why are khap panchayats a concern?
- Khap panchayats are the self-appointed village courts.
- Khap panchayats wield enormous influence in villages of several states if India.
- Honour Killings - They are often seen responsible for the growing number of honour killings in the country.
- They group against young couples to force their presence and dictate punishments.
- Sense of honour - These “feudalistic” entities have no reluctance in committing crimes.
- The "sense of honour" perpetuates the idea of not to marry outside one's caste, clan or religion.
- Masculine dominance becomes the sole governing factor of perceptive honour.
- The police turn a blind eye and the administration hardly questions them.
- Women - Women are treated by the khaps as servile persons who have no desire for autonomy.
- Their families are either silent spectators or active participants in their torture.
- To highlight the terror inflicted on women, the Supreme Court gave a list of actions which trigger honour-based crimes.
- They include
- loss of virginity outside marriage
- unapproved relationships
- refusing an arranged marriage
- asking for divorce
- demanding custody of children after divorce
- causing scandal or gossip in the community
- even “falling victim to rape”
What are the Court's observations on this?
- The apex court ridiculed the “elevated sense of honour” of elders, the collective and khap panchayats.
- It observed honour killing that guillotines individual liberty, freedom of choice and one’s own perception of choice.
- The human rights of a person are not mortgaged to the so-called honour of the family or clan or the collective.
- Khap panchayats were condemned for their belief that their duty is sanctified and their action of punishing the hapless victims is inviolable.
- It termed the elders, presiding over murder in broad daylight, as “patriarchal monarchs”.
- The verdict thus comes down heavily on crimes committed in the name of honour.
Source: The Hindu
