by Syed Wajahat Ali & Zuberiya Nauman
“ women’s freedom is the sign of social freedom”
~ Rosa Luxemburg
Abstract
Women have to go through a life and death like situation in giving birth to a world that men would relish looking after but they witness biasness and subordination in the society where a patriarchal structure exists. Khaps that mainly belong to the States of Haryana, Rajasthan and Uttar Pradesh originate from the system of “panchayat” as a civic council and organisation. These Kangaroo courts are more dominant and have broader acceptance than the state statutory panchayat. These khap panchayats are unjust and have to be ruthlessly stamped out. There is nonentity honourable in honour killing or other atrocities. However, these are systematic murders on the line of caste.The institution of caste and feudal structure are responsible for violence against women.
INTRODUCTION
The word khap is probably impelled by the Latin word corpus which means an organization of individuals. The most prominent examples of khaps are Ankwal khap, Rati khap, Bailyan khap, Kasana khap etc. Khap panchayats have been in the news and debates either for their diktat or because of their justifying crimes in the name of conserving the honour of the families and communities at large. These socio-cultural standards are especially for youths explicitly women (Yadav:2010).
Honour crimes despite securing global attention remain an apprehensive issue as some delegations are concerned that focusing on crimes against women committed in the name of honour is selective, rather than assimilating its treatment as violence against women. This social stratification should be analyzed from the perspective of gender where women are marginalized due to patriarchy and other supportive institutions that are reinforcing the gender roles, caste, status quo and hegemonic masculinity. Sociologist Sylvia Wally defines patriarchy as “a system of social structures and practices in which men dominate, oppress, and exploit women”.
Frederich Engels answers this subordination of women in his book “origin of the family, private property and state. “The feminist scholars take a lead from this concept and claimed women are regaled as the private property of their family and community. Radical feminist Germaine Greer questions why women are merely wives and daughters whereas Uma Chakravarti also supported the argument that why women are repositories of ‘family honour’
In the Indian subcontinent, a distinct and critical basis of stratification is the caste system which can be seen as an elaborated hierarchy of birth–based groups. If we look back to history, these stature groups were closely linked with the control over resources and thus broadly congruent with class.
As feminist historian Uma Chakravarti claims that honour is one of the most prized ideals in sub-continent patriarchies with most communities striving to accumulate and maintain honour. She adds that ‘izzat’ or prestige is a wide-ranging masculine concept underpinning patriarchal practice in India and among all castes infraction of the marriage is seen as an attack on it. The institution of marriage plays a vital role in reproducing the power dynamics and scope of the khap panchayat. Marriage outside the gotra is considered a violation of socio-cultural norms. These extra-constitutional bodies are not only establishing moral pressure and curbing the voice of youth in getting married to a person of their choice but also creating an awful and terrorized condition
Dr B.R Ambedkar in his undelivered speech “Annihilation of caste “suggested that inter-dining and inter-caste marriage would halt the caste supremacy. The khap panchayats are nourishing the caste hierarchy and pose as actors of Exogamy. In the socio-cultural norms of khap panchayats marriage within the same gotra is prohibited..
The socio-cultural construction is impeding the scope of choices and basic human rights. As per socio-cultural construction, marriage within the same village and same gotra is a moral crime .According to the khap construction, boys and girls are assumed as brothers and sisters. Khap announced diktats against such marriage.It is to be noted that love marriage is regarded as taboo in areas governed by those so-called khaps.
Khap and honour killings.
These self-claimed institutions are a substantial threat to the ideals in the Indian Constitution like liberty, freedom of thought and justice. Honour killing is a tactic used by families and communities to preserve their honour as prescribed by them.
- The Manoj-Babli case had embarked on a controversy in the mainstream media. The law of the land legitimise their relationship but the khap panchayat rescinded because women were categorised as the dignity and property of the community. The court announced its judgement in favour of human rights but the panchayat was in full form of propagating anti-women and anti-constitutional attitudes and targeted the couple. Manoj Bhanwala and Babli in June 2007 and the subsequent court case which historically convicted defendants for an honour killing where the accused in the murder included grandfather of babli who is said to have been a khap leader. Maternal brother and paternal uncle and two cousins. In contrast, the mother and sister of Manoj rejected the socio-cultural norm and supported the relationship but the killing was ordered by the Khap panchayats( a religious caste-based council among jats in the Kethat district of Haryana). Shockingly the social, Manoj’s family was ordered In the local dialect knowingly “Hukka-Paani band”. In March 2010, the carnal district court sentenced the five perpetrators to be executed, it was the first time an Indian court has done so in an honour killing case. Women rights activist Jagmati Sangwan said, “Apart from the fact that two innocent children were killed mercilessly and brutally, it was a crime against society and hence was ‘rarest of rare’ in nature. Unfortunately very few cases of honour killings come to light and even fewer reach a courtroom. But if justice is curbed like this; the message is very clear — khap panchayats are above law”. (1).
The then home minister of India: P Chidambaram paved ways to propose an amendment in the Indian penal code (IPC )in response to the killing of Manoj and Babli, making “honour killing” a distinct offence. (2).
Surveillance, moral policing and women.
Feminist scholars argued that the so-called institutions (khaps)are in tactical alliances with caste supremacy, feudalism and class structure.The kangaroo courts maintain surveillance on people and their beings. This has witnessed a large number of controversial decisions brought by khap. These diktats are creating barriers to the freedom of thought of an individual. Khap diktats were highly criticised and condemned by progressive forces. Honour killings are among the worst and most infamous cases reported in khap affected areas. The concept of “family honour” is not limited to any one religion but it exists in every religion and community.
As mentioned by Purna Sen “ court of honour Serves to construct not only what it means to be a woman but also what it means to be a man, and hence these are the social meaning of gender….. Women are Certainly the primary victim of a crime of all honour. Their movements are restricted, their friendships and even conversations are monitored or controlled, their marriage patterns are chosen for them, and they are the clear target of killing”.
A study conducted by the National Commission for Women revealed that in 326 cases of the conflict so far, 72% were because of a couple bridged caste barriers and only 3% because of the same gotra. The then NCW chairperson has meanwhile recommended the home ministry to frame a law to deter honour killing.3
Thirty-one khap panchayats demanded an amendment in the constitutional provisions along with the Hindu Marriage Act,1955 through the diktats to forbid marriage within the same gotra and ban marriages within the same villages and temple weddings renting runaway couples. (4).
The Assara khap of the Baghpat region of UP barred women from using cell phones, going to market or walking unescorted, boycotting love marriages. Interestingly enough, no constitutional provision restricts anyone but khap is proclaiming diktats beyond constitutional boundaries. Chidambaram criticizes their decision of imposing an unconstitutional obligation on the society meanwhile the khap has no locale in Indian democracy. 5.
Interestingly khaps are also operated by the minority which makes women the slaves of the slaves, in every community they are categorised as secondary member with no agency. Khap panchayat Sunder Bari village in Kishanganj district of Bihar where the panchayat restricted women from using mobile phones and announced if anyone found using a mobile should be imposed a fine of Rs.10,000 on Unmarried and Rs. 2000 on married women. A senior member of khap Manzoor Alam said “ Unrestricted use of cellphone promotes premarital and extra-marital affairs and facilitates the breakdown of the institution of marriage,” He also claimed the ever-increasing incident of sexual abuse and rape to “maximum use” of cellphones. Atleast 90% of the villagers have attended the meeting the socio-cultural influence of khap shows that policing norms on women is a reality. Javed Alam, a committee member argued that eloped during the last four months are due to the access of cellphones”. The elected sarpanch of statutory body and mukhiya both were women and they washed their hands from the diktat “ we were not kept in the loop about the meeting”, Elected sarpanch told this to the correspondent. The constitutional bodies are powerless in front of these kangaroo courts.6
In 2011, a movie which was directed by Ajal Sinha Starring Om Puri and Yuvika Chaudhary threw light on the politics of Khap all across the country. The film exposes the misogynistic disposition of Khap and the honour killing. The khaps defenders demanded a ban on the movie and persuaded the Haryana government to support them in this regard as the movie attacks politics and popular culture.7
In the continuous series of Haryana, khap has demanded that Amir Khan’s popular show Satyamev Jayate, be put off the air. Aamir Khan brought out the ire of kangaroo courts and exposed their casteist, misogynistic and anti human rights activities and accused them of triggering honour killing.8
The khap diktats do not end with banning love marriage and movies; it also advocates putting constraints on wearing jeans for the women. The diktats designated jeans as “objectionable clothes” but ironically ordered marriage between the rapist and victim where we can say that they are reinforcing and reproducing patriarchy and sexism with the tactical alliance of exploitative caste system and patriarchal structure (Gurtoo:2016).
Additionally, a bizarre diktat, In Haryana‘s Jira district, khap believes that consumption of chowmien is responsible for rapes. The panchayats asserted that chowmein leads to hormonal imbalance evoking an urge to be included in such acts9.
Jagmati Sangwan : Anti Khap Activist
Jagmati Sangwan an Indian politician, feminist and the member of Communist party of India Marxist( CPIM) was also the former general secretary of all India Democratic women’s Association( AIDWA). . She hails from a village in Sonipat, Haryana. She is a staunch feminist and a fighter against the khap theme of honour killing and prejudices against women. Jagmati was reasonably active during the Manoj-Babli incident she combated with the Manoj family against the khap panchayat. She said, “ The sex ratio in Haryana is so dismal that boys are not finding girls for marriage such factor creates an environment which is unsafe for women”.9.
According to Kumkum Sangari “the way out of tradition, cultural and religious particularism as explanation for gender violence may lie in the thinking subsequently on economics, politics, patriarchies of local as well as transnational ideologies and social relation”
Conclusion
Khap panchayat operates on the principle of prejudice against women and depressed classes. Here to be precise, the Supreme Court while pronouncing these extrajudicial bodies as illegal named them “kangaroo courts” which are operating till now. In the above article we tried to answer the question “what the state agencies are doing? as khaps have considerable social acceptance and contribute to vote bank politics.The diktats of kangaroo courts are heftier than the judgement pronounced by the judiciary. The feminist scholars argued that all institutions including political are patriarchal and exercise power relations.
Justice Varma’s Committee report has also recommended formulating regulations to monitor these illegal, patriarchal village councils popularly known as “khap panchayat”. The undemocratic attitude of course is uncalled for; phones and mobiles are means of communication the panchayat diktats reflect that women have no access to resources due to patriarchy. Women are the repositories of communal honour: women’s bodies are just the honour of the family and community. The dominant caste, class, race and gender want to consolidate power and control over women’s bodies and sexuality.These extra judicial institutions are key actors in the process of social reproduction of caste, class and patriarchy.
As Uma Chakravarti calls upon feminist to understand the relationship between structures and Ideologies.
The politics of khap panchayats are reinforcing gender roles, Keeping women in the particular sphere. Women’s rights are under attack in the khap panchayats politics. The Panchayat are violating the basic human rights of an individual Particularly women. Right based approach is indispensable in intervention.
Footnotes.
https://www.thehindu.com/news/national/Death-sentence-commuted-in-Manoj-Babli-case/article14943294.ece (Accessed on April,24,2022).
https://justiceforwomenindia.wordpress.com/2012/07/24/the-manoj-babli-honor-killing/ ( Accessed on April,24,2022).
https://m.tribuneindia.com/2010/20100706/main1.htm(Accessed on April,24,2022).
https://www.thehindu.com/news/national/other-states/Amend-Hindu-Marriage-Act-demand-khap-panchayats/article16369271.ece(Accessed on April,24,2022)
https://m.timesofindia.com/city/patna/kishanganj-village-bans-use-of-cellphones-by-girls/articleshow/17471655.cms (Accessed on April,13,2022).
https://www.deccanherald.com/content/179774/khap-film-draws-ire-panchayats.html ( Accessed onApril,15,2022).
https://www.hindustantimes.com/tv/now-khap-panchayat-attacks-aamir/story-w5gVPwhSmiN6Pu0O3zxhyM.html (Accessed on April,24,2022).
https://www.indiatoday.in/india/story/khap-rape-chowmein-118852-2012-10-16 ( Accessed on April,5,2022)
BIBLIOGRAPHY
Ambedkar, B. R. (2014). Annihilation of caste. Verso Books
Chakravarti, U. (1993). Conceptualising Brahmanical Patriarchy in Early India: Gender, Caste, Class and State. Economic and Political Weekly, 28(14), 579–585. http://www.jstor.org/stable/4399556
Chakravarti, Uma. “From fathers to husbands: Of love, death and marriage in north India. In ‘Honour’: Crimes, paradigms and violence against women, ed. Lynn Welchman and Sara Hossain, 308–331.” (2005).
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Dunayevskaya, R. (1982). Rosa Luxemburg, women’s liberation, and Marx’s philosophy of revolution (p. 180). Atlantic Highlands: Humanities Press.
Engels, F. (2021). The origin of the family, private property and the state. Verso Books.
Gurtoo, R. (2016). Khap Panchayats in Relation to Women’s Human Rights: Indian Perspective.
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Sangari, K. (2008). Gendered violence, national boundaries and culture. Constellations of violence: Feminist interventions in South Asia, 1-33.
Sen, Purna. “Crimes of honour, value and meaning.” Honour’: Crimes, paradigms, and violence against women (2005): 42-63.
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About Authors
Syed Wajahat Ali is a gender scholar and independent researcher whose research and activism converge around pressing social issues such as gender-based violence, online harassment, religion, and the impact of intersectionality in marginalizing specific communities. His academic focus, particularly on cyber violence against Muslim women, brings to light the multiple layers of oppression that arise from the intersection of gender, religion, and technology in India. His M.A. dissertation, titled ”Cyber Violence against Muslim Women in India: An Intersectionality Approach,” explores how Muslim women are uniquely targeted in online spaces due to both their gender and religious identity. This work highlights the systemic nature of abuse on digital platforms, where Muslim women face disproportionate levels of hate speech, trolling, and harassment.
As a social activist, Syed Wajahat Ali’s work extends beyond academic research. He is deeply involved in advocating for the rights and dignity of marginalized communities, particularly women and religious minorities in India. His contributions as a field investigator with the Centre for Women’s Development Studies allowed him to engage directly with communities, particularly focusing on the lived experiences of women in rural and urban settings. His fieldwork provided him with critical insights into the socio-economic barriers and patriarchal structures that impede women’s progress and rights in various spheres.
In addition to his academic and field-based contributions, Ali actively writes on topics related to gender, religion, social media, and intersectionality, bringing nuanced perspectives to public discourse. His work on intersectionality emphasizes that the experiences of women cannot be understood in isolation from other social categories like religion, caste, class, or ethnicity. He frequently critiques how mainstream feminism often overlooks the unique struggles of Muslim women, and he advocates for an inclusive feminist movement that accounts for these layered oppressions.
Zuberiya Nauman
Zuberiya Nauman is a recent graduate with a Master’s degree in Gender Studies from Jamia Millia Islamia. Her academic journey has been deeply rooted in exploring the intersection of women and professions, culminating in a dissertation on the underrepresentation of women in the judiciary. This research allowed her to work closely with the courts of Uttar Pradesh, gaining firsthand insights into the challenges faced by women lawyers and judges.
Beyond academia, Zuberiya is an active student and activist, committed to advocating for gender equality. Her professional experience includes serving as an editor for Global Outlook, where she honed her editorial skills, and teaching at the NGO Myra, where she contributed to educational initiatives for underprivileged communities.
She is passionate about driving change and fostering an inclusive environment in the legal profession and beyond.