KHAP MODEL OF PANCHAYAT RAJ

When I wrote about woman power demonstrated by Chandravati, a mention was made about Khap. I had some how felt even at that time that story of Chandravati is too good to be repeated. I had also cited example of Shahabanu case to show case how vested interest including Governments go to any length to destroy the moral boosted by such exceptional and lone cases of dogged fight. The laws are amended, terror is let loose by groups and here sadly by close members of families of the victim.

The ugly face of Khap is well demonstrated by media. May be due to sensation it generates. That is very existence of modern media. The ugly faces of families on rampant murder spree is more sensational and thus to be more hoghlighted. The brother, fathers, uncles and at times even ladies don’t seem to flinch in killing their own siblings in the name honor. That ladies like mother in law and sisters in law are experts at killing daughter-in-laws is an established fact of ages. Men folk is usually happy at molesting and raping daughters in law. Capital punishment is left to women folk. When it comes to killing daughters compared to daughters in law. men seen to be more happy at the task. If father and brothers are not honorable enough uncles too join in the kill. All in the name of Honor of course. This funny thing called honor unites family killers and excited onlookers under the umbrella of Khap. Both the appellants as well as judges know the verdict well in advance. The defense is conspicuous by absence. The execution of draconian orders are carried out by appellants again. They even boast of the act to media. More sensation and more news worth. Happy happy we shall be when we kill them A B C.

My aim is not to criticize Khap leaders, killer families or media. That is easy and equally sensational. Attempt is to be made to analyze dispassionately the system which is increasingly becoming order of the day.

Caste councils and / or village councils are known to us from ancient times. In fact the kings and rulers would change, The dynasties would come and go. They had little or no effect on village life except during war time. The loot and arson were inevitable as fall out of war. That was not routine and accepted something like draught or flooding. Even the army would be recruited as and when needed. The farmers would double as soldiers to earn extra buck. The loyalty was more to the field than king. The council heads would be of great help in tax collection, army recruitment and maintenance of hierarchy. Why disturb it ? So the rulers did not interfere without reason in functioning of such councils. They were sort of local self Government much before democracy was ushered in by British. These councils had all functions of Government, administrative as well as judiciary. In fact every thing about village councils or Panchayats was not bad. That is why we have now enacted Panhayat Raj by a bill passed in Parliament. Now it is not inheritance or cast domination but election that makes the Panchyat. They have budget, economic planning, administration in well documented manner. The authority is derived and limited by an enactment.

The sad part is that although executive part of the Government is decentralized to grass root level, the judiciary is not. That did not stop them from being judges. They didn’t have written laws but then neither the British had them written Very name Panchayat suggests the wisdom coming from five mouths. Wisdom from five mouths did not find any need of written down law. Even the kings did not have a constitution. The cases were heard though and awards given. Out casting a person or family was far more effective punishment than sending them to jails. Not that jail term or capital punishment was not heard of. Bit it was for more serious offenses.

The case I would like to present is to give Panhayat councils as judiciary function as well. Elected councils will have lesser evils coming from hereditary hierarchy. What is needed is documented law and rules giving authority and limitations to try.a case. Record the proceedings and verdict and of course right to appeal. The Khap heads should come as elected representatives and function within the frame work of law. That may diminish the need of Lok adalat.

Th male chauvinist mentality of killer fathers and brothers will need some thing more than a law. Unless a system is created where woman can leave the family and still live honorable life will only prick the make ego. Majority of women live in the circumstances they don’t want to live but are forced to live because there is no option. Father and Brothers are happy to be killers directly or indirectly by refusing to offer shelter to harassed daughter. Dignity of single woman can only truly point out how pragmatic is the society.

Let a single woman living with dignity decide what is honor and not the self appointed Khap guardians of honor. Their functioning now is anything but honorable. Khap may be bad but Panchayat is not. Let us change Khap raj by Panchayat Raj.

Arvind Khare
Khare_am@yahoo.com