Caste panchayat diktats unconstitutional, frame law to curb social boycott: HC to govt

Jodhpur: The principal seat of Rajasthan High Court in Jodhpur has termed the practice of social boycott and diktats issued by self-styled caste and khap panchayats as a grave social evil, holding them unconstitutional and a direct assault on citizens' fundamental rights.A single-judge bench of Justice Farjand Ali passed the order Friday while hearing a batch of 11 petitions from districts including Sirohi, Barmer, Jodhpur, Nagaur, Balotra and Jalore. The petitions alleged that caste bodies were imposing penalties such as social ostracism, heavy fines and causing mental harassment, often with little police intervention.The court observed that such bodies were operating as a "parallel justice system" without any legal authority, issuing orders that deeply impact individuals' civil and social rights. Practices like declaring a person's "hukkaa-paani band" (complete social boycott) were described as stripping individuals of dignity and isolating them from society. The bench held that such actions violate constitutional guarantees under Articles 14, 15, 19 and 21.Highlighting the seriousness of the issue, the court directed the state govt to frame a comprehensive policy and standard operating procedure (SOP) to address cases of social boycott and ensure its uniform enforcement across administrative and police authorities. It also called for wide dissemination of these guidelines and public awareness measures.The court noted that Rajasthan currently lacks a specific law criminalising social boycott, forcing police to invoke general provisions such as extortion. It recommended that the state enact dedicated legislation on the lines of the Maharashtra Protection of People from Social Boycott Act, 2016, to provide clear punitive provisions and safeguards for victims.Issuing further directions, the court asked the DGP to appoint a senior officer of at least additional SP rank to ensure that all pending cases related to social boycott are investigated fairly and completed within 90 days. It also ordered the appointment of nodal officers in every district under the coordination of district collectors and superintendents of police, along with the creation of a centralised monitoring mechanism at the state level.The ruling draws from findings of a five-member commission appointed by the court, which reported that such caste bodies routinely punish families for asserting rights, inter-caste marriages, or social reform efforts. In one instance, a Dalit family was fined Rs 1 lakh and ostracised for using a horse and band in a wedding procession; in another, a social reformer opposing "mrityubhoj" was penalised Rs 5 lakh and boycotted.
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