Sunday, July 11, 2010

Khap Panchayats, Honour, and the Collapse of Constitutional Social Order in Haryana


-Ramphal Kataria

Honour, Violence, and the Death of Conscience: Khap Panchayats in Haryana

Abstract

Khap panchayats in Haryana have emerged as powerful extra-constitutional institutions that police marriage, sexuality, and women’s autonomy through coercion and violence. This essay argues that khaps neither represent authentic community consensus nor exercise legitimate cultural authority; rather, they function as retrogressive patriarchal conglomerates that inhibit social mobility, gender justice, and democratic discourse. Drawing on sociological studies, media investigations, court observations, and demographic trends available, the paper situates khap violence—particularly honour killings—within a broader crisis of political cowardice, media sensationalism, and social silence. The essay contends that the persistence of khaps reflects not cultural continuity but a failure of constitutional enforcement and social courage, resulting in the systematic erosion of individual liberty, especially for women.

The Indian Constitution envisions a social order founded on liberty, equality, and dignity. Yet in large parts of Haryana, this constitutional promise stands hollow in the face of khap panchayats—informal caste- and clan-based bodies that arrogate to themselves the power to regulate marriage, kinship, and morality. These institutions operate outside the law, often in direct violation of it, while enjoying de facto impunity.

The repeated episodes of honour killings, forced separations, social boycotts, and threats against couples reveal not isolated aberrations but a patterned social pathology. Haryana increasingly resembles what may be described as a “murda logon ki basti”—a habitation of dead consciences—where violence is routinised and outrage is episodic.

Khap Panchayats: From Dispute Resolution to Social Control

Historical and anthropological evidence suggests that khaps were never sovereign moral authorities. Their earlier role was limited, episodic, and pragmatic—mediating disputes related to land, irrigation, or clan conflict (Chowdhry 2007). The contemporary khap, however, is a fundamentally transformed institution.

What distinguishes the modern khap is:

its obsession with regulating women’s sexuality,

its hostility to inter-caste and inter-gotra marriages,

and its claim to override constitutional law in the name of “tradition”.

This transformation must be understood in the context of declining agrarian dominance, erosion of patriarchal authority, rising female education, and increased mobility among youth. Khap diktats function as compensatory mechanisms—attempts to restore lost social control through terror rather than consent.

Honour Killings and the Logic of Patriarchy

Honour killings in Haryana are neither spontaneous nor culturally inevitable. As Prem Chowdhry’s extensive work demonstrates, these killings are rooted in a rigid kinship ideology that treats women as bearers of lineage honour rather than autonomous citizens.

Girls are subjected to a continuum of violence:

1. Before birth – sex-selective abortion.

2. During childhood – neglect in nutrition, education, and healthcare.

3. During adolescence – surveillance, restriction, and moral policing.

4. In adulthood – coercion, violence, and sometimes death for exercising choice.

If a woman dares to look “eye to eye” with a man of her choosing, she is branded immoral. If she elopes or marries outside caste or gotra norms, the punishment escalates to social boycott or murder. The cruelty is collective, not merely familial.

Demography as Evidence of Social Violence

The alarmingly low sex ratio in Haryana—widely discussed even before the 2011 Census—cannot be separated from khap ideology. Public debates often treat demographic imbalance as a technical or economic problem. In reality, it is the cumulative outcome of everyday patriarchal violence.

Girls are unwanted not because of poverty alone, but because a social order fears autonomous women. Khap diktats institutionalise this fear.

Political Cowardice and the Myth of Vote Bank Power

One of the most persistent myths surrounding khaps is their supposed electoral influence. Political actors routinely justify inaction by invoking fear of alienating “community sentiments”. However, electoral analyses and voting pattern studies indicate that Haryana’s electorate does not vote as a monolithic khap-directed bloc.

This narrative primarily serves as an alibi for political timidity. Rather than confronting feudal authority, politicians seek shelter under it. The result is a dangerous convergence between informal coercive power and formal democratic institutions.

Media Spectacle and the Absence of Public Discourse

The media’s role has been deeply contradictory. On the one hand, honour killings receive sensational coverage; on the other, they are quickly forgotten. Couples seeking protection are transformed into transient spectacles—news for a few days, then discarded.

What is conspicuously absent is sustained social dialogue:

no village-level forums,

no structured public debates,

no engagement with caste patriarchy as a systemic issue.

Silence follows spectacle, enabling repetition.

Constitutional Failure and Social Complicity

The Supreme Court of India had repeatedly affirmed the right of consenting adults to marry freely. Khap diktats directly violate Articles 14, 15, 19, and 21. Yet enforcement remains weak, not merely due to administrative failure but because of social complicity.

Khap power persists because society tolerates it. Fear replaces moral courage; conformity replaces dissent.

Conclusion: Beyond Tradition, Towards Constitutional Life

This is not a conflict between tradition and modernity. It is a conflict between constitutional citizenship and feudal control. A society that murders its daughters for loving freely cannot claim cultural legitimacy.

Khap panchayats must be confronted not only through law enforcement but through social isolation and ideological challenge. Their authority must be delegitimised in public discourse. Only then can Haryana reclaim its social vitality and constitutional promise.

References: 

1. Chowdhry, Prem. 2007. Contentious Marriages, Eloping Couples. Oxford University Press.

2. Chowdhry, Prem. 2004. “Caste Panchayats and Gender Justice.” Economic and Political Weekly.

3. Supreme Court of India. Lata Singh v. State of UP (2006).

4. NHRC. 2009. Report on Honour Killings in India.

5. The Hindu. Various reports on honour killings (2007–2010).

6. Frontline. “Honour and Violence in Haryana.” (2008).

7. Indian Express. Investigative series on khap panchayats (2009).

8. EPW Editorials on honour killings and caste patriarchy (2008–2010).

 

 

Wednesday, February 3, 2010

Tughlaqi Justice: How Khaps Are Tearing Apart Young Lives


Feudal Haryana: Where Panchayat Farmans Override the Constitution

-Ramphal Kataria

In large swathes of rural Haryana, it is often not the rule of law that prevails, but the diktats of khap panchayats—informal, self-constituted bodies that operate without legal authority yet wield immense social control. These Tughlaqi farmans, issued in the name of “tradition,” continue to devastate the lives of young couples who dare to choose their partners.

Recent incidents splashed across newspapers in early 2010 offer painful evidence of this medieval impulse masquerading as community justice. According to press coverage in late January and early February 2010, multiple marriages across Jhajjar, Rohtak and Jind districts were annulled by khap panchayats, couples were ostracised, and families were threatened, all on the spurious ground of “same-gotra.”¹

Lives Destroyed by Tughlaqi Justice

Take the case of Satish of Kheri Maham and Kavita of Bhagi-Bahrod, whose lawful marriage—and even the existence of their child—was brushed aside by a self-styled khap panchayat. In a grotesque parody of justice, the couple was ordered to declare themselves bhai-behan overnight.²

What social or moral code permits such absurdity? How can a married couple, who have lived as husband and wife, be rebranded as siblings by brute social fiat? Even the so-called alambardars of tradition ought to know that once a marital and physical relationship is established, such proclamations are not only ludicrous but deeply violative of personal dignity.

A similar fate befell a couple from Kheri Ballam and Sundana, whose marriage was not merely annulled but followed by an order of exile from the village.³ In another incident reported around the same time, the marriage of Ravi Khanagwal of Khandakheri and Kavita Nagar of Nangthala was wrecked merely hours after the wedding rites were completed.⁴ Village hood-looms—emboldened by khap backing—declared their marriage “illegal” because members of the groom’s gotra also resided in the bride’s village. Instead of celebrating their honeymoon, the newlyweds were forced into hiding, condemned to face ignominy rather than joy.

What kind of society allows such chaudhar-hungry feudal minds to play with the lives of its youth?

A Complicit Silence: The State Looks Away

Perhaps more disturbing than the khap diktats themselves is the pathetic, almost cowardly attitude of the state government and its administrative machinery. The political class—ever conscious of vote-bank hisaab-kitab—prefers silence over confrontation. Instead of protecting vulnerable citizens, they offer a mute endorsement of these unconstitutional kangaroo courts.

It is their constitutional duty to oppose each incident, enforce the rule of law, and generate a strong social counter-narrative. Yet, the state machinery behaves as if its hands are tied.

Astonishingly, several administrative officers admitted to reporters that they could do little because of “community sentiment” around gotra issues.⁵ That is not community sensitivity; that is abdication of duty.

Where Are the Social Champions?

Equally shameful is the silence of numerous NGOs and social organisations who routinely claim to fight for individual liberty. When young couples are hounded out of their homes, when threats of death loom large, when the Constitution itself is mocked—where are these voices? Only faint murmurs from a few radical or rights-based groups are heard sporadically.

Meanwhile, the executive—which frequently complains that the judiciary encroaches upon its domain—becomes astonishingly non-committal when it comes to protecting the rights of harassed couples. Higher courts continue to take cognizance of such illegal khap actions, yet the administration prefers to remain maun-vrati and lame.

Honouring Icons in Words, Violating Their Ideals in Deeds

Only the other day, Haryana observed the death anniversary of Ch. Ranbir Singh, revered as an icon of the Indian Constitution. And yet, what greater irony could there be that we fail to uphold the very constitutional values crafted by these freedom fighters and legislators? It is not just a tragedy—it is a collective shame.

The Gotra Myth: Manufactured for Feudal Control

The entire debate on “same-gotra marriage” is deliberately distorted and overstated to suit the designs of a few village lords. Reports in late January 2010 make it clear that not even a single contested marriage involved partners belonging to the strictly identical gotra.⁶

In both arranged and self-chosen marriages, families already avoid ancestral gotra overlap.

Instead, what happens is a deliberate mischief:
When an alliance is to be opposed, all neighbouring or historically related gotras of a village are suddenly declared “off-limits.”
When the same gotras intermarry elsewhere in the state without issue, why does it become taboo in a particular village?

This artificial hysteria is whipped up only to bolster the chaudhar of a few feudal-minded elders. The entire social fabric is torn apart so that their manmani may prevail.

Time to Push Back—Strongly, Collectively

The hour has come for government, administration, and society to reject these regressive tendencies tooth and nail. If we continue to allow Haryana’s rural heartland to serve as the hunting ground for a handful of disgruntled elements seeking to build their leadership on fear and intimidation, then peace and social harmony will be the inevitable casualties.

Should an entire society become hostage to such soch-vichar ke andhe minds?
Should our youth be sacrificed at the altar of feudal pride?

Think. And act. Before we lose another generation.

References

1. The Hindu, “Khap Panchayats Step Up Opposition to Same-Gotra Marriages,” January 28, 2010.

2. Indian Express, “Khap Annuls Marriage, Declares Couple Siblings,” February 7, 2010.

3. Hindustan Times, “Couple Exiled by Panchayat in Jhajjar,” February 2010 (mid-month report).

4. Times of India, “Newlyweds Forced to Separate Over Gotra Row,” January 15, 2010.

5. Hindustan Times, “Officials Say ‘Community Sentiment’ Ties Their Hands,” February 2010.

6. Indian Express, “Most ‘Same-Gotra’ Cases Misrepresented, Reveal Records,” January 30, 2010.

 

 


Friday, January 15, 2010

From Clan to Cage: How Caste Still Chains Northern India

-Ramphal Kataria

From Herds to Honor Killings: How Gotra and Caste Still Rule Northern India

Outwardly, northern India looks modern. Cities gleam, economies boom, women work alongside men, and social media buzzes with talk of equality. Look closer, though, and you see a society shackled by ancient codes—caste, gotra, and village-level hierarchies dictate who you can marry, whom you can love, and sometimes, how you live or die.

From ‘Jan’ to Gotra: A Tool for Survival

Historian Rahul Sankrityayan’s Manav Samaj reminds us that Indian society didn’t start with rigid caste lines. Early humans lived in kinship-based clans called ‘Jan.’ Survival depended on cooperation; economic cohesion was everything.

Gotra, originally a lineage identifier, ensured exogamy—marrying outside one’s clan to prevent genetic defects. It was rational, scientific, and essential for the community’s survival. A tool of social cohesion, not oppression.

When Survival Became Strata: Gotra Hardens into Caste

Agriculture changed everything. Land and surplus created hierarchy. Occupational divisions became hereditary. Gotra, once a simple social device, became embedded in the rigid caste system:

Caste Endogamy: Marry within your caste.

Gotra Exogamy: Marry outside your gotra.

Thousands of tiny social compartments emerged, locking people into identities they did not choose. Mobility shrank, opportunity narrowed, love became regulated.

Invaders, Mughals, and the British: Cementing Rigidity

Aryans, Greeks, Mughals, and the British all left their mark. Mughals centralized administration; British censuses and laws froze identities. Instead of evolving fluidly, caste hardened. Each invader, knowingly or not, left society more introverted, hierarchical, and fragile.

Haryana: Where Modernity Collides with Tradition

Haryana is the perfect case study. The Green Revolution brought prosperity. Urbanization and education bring exposure. Yet, caste often trumps religion, and village-level bhaichara extends incest taboos across entire villages.

Young men and women fall in love across castes—or even within the same gotra—and the reaction is brutal. Khap Panchayats enforce these “honor codes,” sometimes with murder. The tools of kinship have become weapons of control.

Why Change Is Inevitable—and Necessary

The original purpose of Gotra—to prevent inbreeding in small clans—is irrelevant today. Young people are working, studying, and socializing in diverse spaces. Technology, media, and economic independence are forcing new bonds across caste lines.

Society must respond:

Enforce laws protecting individual choice.

Educate communities on the scientific and social irrelevance of rigid Gotra taboos.

Promote inter-caste interactions and economic equality.

The New Social Order Is Coming

Denial only delays the inevitable. The young are forming relationships based on love, compatibility, and shared values, not outdated caste hierarchies. Tradition will clash with modernity, and some will resist violently—but history favors evolution.

Haryana—and northern India at large—stands at a crossroads. The old codes of honor and gotra cannot govern 1.4 billion people anymore. Society will adapt, and the new, humane, inclusive social order is already struggling to be born.

References

1. Dube, S. C. (1990). Indian Society. New Delhi: National Book Trust.

2. Gupta, A. (2020). Caste and cross-region marriages in Haryana: Experience of Dalit cross-region brides in Jat households. Modern Asian Studies. Cambridge University Press. https://doi.org/10.1017/S0026749X200000X

3. Sahapedia. (2024). Mahapandit Rahul Sankrityayan: The atheist monk. https://www.sahapedia.org/mahapandit-rahul-sankrityayan-atheist-monk

4. Sankrityayan, R. (1948). Manav Samaj [Human Society]. Varanasi: Bihar Hindi Granth Academy.

5. Singh, Y. (1973). Modernization of Indian Tradition. New Delhi: Thomson Press.

6. Times of India. (2023, March 15). Understanding gotras: The ancient lineage system in Hindu culture. https://timesofindia.indiatimes.com/astrology/others/understanding-gotras-the-ancient-lineage-system-in-hindu-culture/articleshow/110557098.cms

7. Times of India. (2025, June 22). Amend Hindu Marriage Act to curb live-in ties, same-gotra marriages: Haryana sarpanches. https://timesofindia.indiatimes.com/city/chandigarh/amend-hindu-marriage-act-to-curb-live-in-ties-same-gotra-marriages-haryana-sarpanches-mahapanchayat-on-june-22/articleshow/121323794.cms

8. AbhyasOnline.in. (n.d.). Caste system in Haryana [Infographic]. https://abhyasonline.in/contents/Haryana%20GK/Haryana%20GK/People%20Of%20Haryana/Caste%20System%20In%20Haryana/