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.
