Q4. Khap panchayats have been in the news for functioning as extra-constitutional authorities, often delivering pronouncements amounting to human rights violations. Discuss critically the actions taken by the legislative, executive and judiciary to set the things right in this regard.

Model Answer:

Introduction

Khap panchayats, traditional caste-based village councils, operate outside constitutional boundaries, often issuing decrees that contravene fundamental rights. Their actions raise significant concerns regarding human rights and the rule of law. 

Body

Legislative Actions

1. No specific national law exists to regulate Khap panchayats; however, the Prohibition of Child Marriage Act and the Protection of Women from Domestic Violence Act aim to counter their regressive pronouncements.
2. Efforts to introduce stricter legislation, such as the Prevention of Honor Crimes Bill, have been debated in Parliament, highlighting the need for codified legal deterrents.
3. Women's Reservation Bills at various levels aim to empower women in decision-making, diluting patriarchal influences upheld by Khap rulings.

Executive Actions

1. The Ministry of Women and Child Development has initiated campaigns promoting gender equality and condemning honour-based crimes, indirectly targeting Khap practices.
2. Local administration and police are instructed to ensure FIRs and investigations are conducted against Khap-sanctioned illegal activities, especially in honour killing cases.
3. Awareness programs are regularly conducted in rural areas, educating communities about the constitutional rights of individuals, and countering Khap's influence.
4. District Collectors are directed to take preventive measures, such as deploying police, in areas where Khap panchayats have significant sway, especially during contentious pronouncements. 

Judicial Actions

1. The Supreme Court in Shakti Vahini v. Union of India declared Khap panchayat decrees against inter-caste and inter-religious marriages illegal, ensuring the right to marry freely.
2. High Courts have directed law enforcement to take stringent action against any illegal activities sanctioned by Khaps, emphasizing constitutional supremacy.
3. Courts have emphasized the need for witness protection in cases of honour killings linked to Khap decisions, safeguarding victims and witnesses.
4. The judiciary consistently reinforces individual rights, especially Article 21, ensuring personal liberty against oppressive Khap rulings that violate fundamental freedoms. 

Conclusion

‍Khap panchayats challenge India's constitutional framework and human rights. Coordinated legislative, executive, and judicial actions are essential to strengthen the rule of law and protect individual freedoms against these informal bodies. 

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