Govt mulls ordinance to rein in khaps
http://timesofindia.indiatimes.com/...ance-to-rein-in-khaps/articleshow/6084117.cms
NEW DELHI: With khap-dictated honour killings threatening to become a trend, the Centre is mulling an ordinance to rein in the caste courts meting out extreme punishments to young couples who don't follow the diktat against marrying within the same gotra.
The Centre has already discussed amendments to relevant laws -- Indian Penal Code, Indian Evidence Act and Hindu Marriage Act -- to deter village elders from holding kangaroo courts which call for killing of young couples who don't agree with their notion about gotras and marriages.
But the 'honour killings' in Delhi provoked fears that the trend was catching on, putting pressure on community vigilantes to act against even those same gotra and intercaste/community marriages that took place years ago, has forced the Centre to think of bringing in an ordinance as an immediate deterrent.
The home ministry led by P Chidambaram and law minister Veerappa Moily are learnt to have agreed that the amendments should be stringent enough to deter the caste panchayats that have arrogated to themselves the function of judiciary and are foisting this medieval form of justice to force their antiquated beliefs on the younger generation.
An ordinance is brought in when Parliament is not in session. It has a maximum life of six months and remains in force till a Bill to the effect is cleared by both Houses of Parliament and becomes effective as a law.
The Cabinet in its meeting on Thursday is likely to weigh both the options -- the ordinance route for immediate remedial measures to protect innocent young couples or wait for the Parliament session to introduce the amendment Bills to various penal laws.
It is the honour killings in Delhi, which showed the scourge might be spreading beyond the villages, that has provided the immediate trigger for the Centre to consider swift changes in law through an ordinance rather than wait for the Parliament to clear the legislation.
What has also led the Centre to consider taking the ordinance route is the Supreme Court's recent decision to seek answers from the Union government as well as Haryana and seven other states about the steps they have taken to protect young couples hounded by khap-deputed mercenaries. A PIL by NGO 'Shakti Vahani' had accused the governments of taking only reactive measures, forgetting their duty to protect the lives of the couples.
The original changes proposed in the laws five months ago still hold -- introduce a separate provision for criminal liability on participants in khap panchayats' murderous decisions under Section 300 (definition of murder) of Indian Penal Code. Under the proposed law, those who dictate a decision to kill young couples would be as much liable for murder as the assassins.
Even a decision of a khap for the social boycott of a young couple and their parents, if the latter supported their children's decision to marry against the social norm, would fall foul of law. Such action too should be made a distinct offence under the IPC, both the ministries feel.
The law ministry also proposes that additional offences related to khap and village elder driven extra-legal decisions could also be made distinct offences under the IPC.
For example, parading a woman naked in the village terming her as a witch at present could attract punishment under outraging of modesty. Under Section 354 of IPC, this attracts a modest punishment of two years. The law ministry thinks a separate provision can be added to the existing section to make parading of woman in the nude or publicly assaulting her a stringent offence with 10 years imprisonment.
