Court versus khap

"There is nothing honourable in such killings...they are nothing but barbaric and shameful acts of murder committed by brutal, feudal-minded persons who deserve punishment." — Supreme Court ruling on April 19.
The Supreme Court's condemnation has rattled khap panchayats, but they are rounding on it furiously and cannily accusing it of culpability for the very crime of which they're accused — honour killings.Sunil Dahiya, the rich, 40-something secretary of one of Haryana's oldest and largest khaps, Dahiya, tells TOI that there has been a spurt in honour killings in Haryana in the last couple of years and the "courts are getting it done". The businessman, whose khap counts one-crore members and is spread over 92 villages in the state, insists that India's antiquated system of justice "validates marriages between same-gotra 'brother' and 'sister'." This is why "the victimized families have to resort to (honour) killings," he concludes triumphantly.
Sunil is not alone in his defiance and ready defence of the typical mindset of the khap panchayat. The battle cry sounds loud and clear at Sisana's cowshed, where community representatives — a bunch of retired men with wrinkled faces — converge around a hookah every morning and evening to discuss "policy matters". When this correspondent visits, the "policy matter" up for debate is the recent court ruling. Dr Jaikishan, who is on the khap panel as a 'social worker', says the khaps feel aggrieved because "we are all of the view that if there are no khaps, crime rate will be 20 times what it is now. Young boys and girls will start marrying in the same gotra, they will play loud music, girls will wear skimpy clothes — everything will go haywire". Court or not, says Jaikishan, "ban or declare us illegal, we will continue to function the way we do in the greater interest of our community".
But shouldn't khaps live by the law of the land, just like everybody else? Retired policeman Rajinder Singh, who is also on the community panel as a 'social worker' says the law of the land has to chime with community systems that have served well for centuries. "Jatland has a set of rules and laws, based on our centuries-old scientific tradition. People living here have to follow that. If they can't, they might as well leave."
Sunil explains community policing cleaves to a "modern outlook", even as he emphasizes his own attributes "as a relatively young and educated member of the khap". "It's the Supreme Court which is orthodox and regressive as they are stuck to a century-old law book that was made by the Britishers," he says.
Meanwhile, Dahiya khap has been experimenting with acquiring a modern look, permitting commercial spin-offs such as its own letterhead, special T-shirts, trophies and books. Recently, it became the first khap in 1500 years to have inducted women on to the panel.
But the change is admittedly cosmetic with Sunil saying the women panelists are not meant to take decisions but convey messages. "They must tell their children how disastrous it is to marry in the same gotra. It becomes the responsibility of women members to keep children away from social evils."
Here, in the heart of Haryana, defence of the khap system appears to have made its members fearless. Jaikishan says they will bring the law and science into their fight to rule with an iron hand. Any ban would mean a legal appeal, he says. "We will reason with them that our practice of not allowing same-gotra marriages has scientific basis. If they can consider the religious laws of Muslims, why can't they allow our traditions? And if, God forbid, that is also rejected, we will go to Jantar Mantar and protest, or do whatever it takes."
Interestingly, khap members express incomprehension about extending the right to appeal to their own community. Pratap Singh Pahalwan, 70, who heads Dahiya khap, declares that "khaps are for the people, by the people. They can never take a wrong or unfair decision. So there is no question of someone not obeying us. If someone does, he will have to face a complete social boycott — he will be left without business, property and family."