Rajasthan HC issues directions to curb khap panchayats

The order was passed by Justice Farjand Ali while hearing a batch of petitions that raise concerns about social boycott, coercion, and intimidation

Jodhpur: The Rajasthan High Court on Friday issued significant directions to curb the functioning of khap panchayats and other informal caste assemblies, observing that such bodies cannot interfere with the constitutional rights and personal autonomy of individuals.

The absence of dedicated legislation in the state of Rajasthan has resulted in a regulatory vacuum. (HT sourced photo)

The order was passed by Justice Farjand Ali while hearing a batch of petitions that raise concerns about social boycott, coercion, and intimidation allegedly carried out by self-styled caste panchayats in different parts of Rajasthan.

“The practice of social boycott, in whatever form, is in direct affront to the fundamental rights guaranteed under the Constitution of India, particularly the rights to equality, non-discrimination and life with dignity. Any extra-constitutional authority or informal body assuming the power to impose such sanctions is wholly impermissible in the eyes of law,” the single bench noted.

It added: “The absence of dedicated legislation in the state of Rajasthan has resulted in a regulatory vacuum, leading to ineffective prevention, inadequate prosecution, and continued perpetration of social boycott practices. The situation, thus, warrants serious consideration at the legislative and executive level, so that an appropriate legal framework may be put in place to effectively address and eradicate this pernicious practice.”

“It is observed that the functioning of khap panchayats, though not backed by any statutory recognition, has increasingly led to interference in the personal autonomy of individuals under the pretext of tradition and societal norms. This court is of the considered view that merely in the absence of a specific law governing such bodies, their actions cannot be permitted to transgress the fundamental rights guaranteed under the Constitution. It is, therefore, expected of the state to take cognisance of the growing misuse of such traditional forums and to consider bringing in an appropriate legal framework to regulate or curb such practices,” the bench said.

The court ordered the state to designate a nodal officer at district level who, in close coordination with the district collector, superintendent of police, local police machinery, and representatives of panchayati raj institutions and municipal bodies will maintain “constant vigil” over unlawful activities. The nodal officer will also ensure prompt reporting of such incidents to the designated state-level authority, who will “monitor compliance and take necessary steps in accordance with law”.

“It is further directed that the office of such institutional mechanism/special cell shall be made easily accessible to the victims, ensuring that any aggrieved person can approach the authorities without any impediment or delay. Upon receipt of any complaint, the concerned authority shall forthwith conduct a preliminary inquiry and prepare a detailed report, which shall be duly communicated to the superintendent of police as well as the district magistrate for initiating appropriate action in accordance with law,” the bench further said.

The court ordered the director general of police of Rajasthan in Jaipur to depute a senior officer not below the rank of addition superintendent of police to take over concerned FIRs and conduct “independent, fair, and comprehensive investigation”. The bench noted: “The said officer shall ensure that the investigation is carried out in a holistic manner so as to unearth the true nature and extent of the alleged societal malfeasance, which may not be effectively discernible if the cases are investigated in isolation by different officers.”

While directing the state government to take steps towards formulating an “appropriate policy framework”, the court said: “the state government, through the home department, is directed to consider and formulate a comprehensive policy dealing with the prevention, prohibition, and redressal of incidents involving unlawful assemblies, coercive social practices, and allied offences, keeping in view the principles laid down by the Supreme Court in Shakti Vahini.”

“This court also expects the state to remain alive to the gravity of the situation and to take expeditious steps towards enacting a comprehensive legislative framework to address and regulate such issues effectively. It is suggested that the state may consider bringing forth a comprehensive and codified legal framework, incorporating appropriate penal provisions, to expressly criminalize the issuance, enforcement, or abetment of such diktats of social and economic boycott, including prohibitions relating to sale, purchase, trade, business, transactions, accommodation, facilities, services, social interaction, and all forms of association,” the bench said.