Subject: Indian Polity

India's journey towards social reform and constitutional governance faces a significant challenge from Khap Panchayats, which operate as parallel judicial systems, often contradicting fundamental rights and constitutional values.

Legislative Actions

• The Protection of Human Rights Act, 1993 provides legal framework against human rights violations by extra-constitutional bodies like Khap Panchayats.
• The Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill was proposed to specifically deal with Khap Panchayats' interference in marriages.
• State legislatures like Rajasthan have introduced specific provisions in their laws to curb the arbitrary powers of Khap Panchayats.

Executive Measures

• Implementation of Supreme Court guidelines through district-level monitoring committees.
• State police departments have been directed to take preventive actions against honor killings and social boycotts.
• Formation of special cells at district level to receive complaints against Khap diktats.
• Creation of awareness programs to educate people about their constitutional rights and the illegality of Khap decisions.

Judicial Interventions

• The Supreme Court's landmark judgment in 2018 declared Khap Panchayats' interference in marriages illegal.
• Punjab & Haryana High Court ruled that Khap Panchayats cannot arbitrate criminal cases.
• In 2025, the Rajasthan High Court established a five-member commission to investigate Khap activities, particularly focusing on social boycotts and arbitrary penalties in western Rajasthan districts.
• Courts have consistently upheld that fundamental rights under Articles 14, 15, and 21 cannot be violated by any extra-constitutional authority.

Challenges and Way Forward

• Limited implementation of judicial directives at grassroots level.
• Need for comprehensive legislation specifically addressing Khap Panchayats.
• Requirement of better coordination between police and civil society organizations.
• Integration of traditional dispute resolution systems within the constitutional framework.

The path to reforming Khap Panchayats requires a balanced approach that respects traditional institutions while ensuring their alignment with constitutional values and fundamental rights. The success of these reforms depends on continued vigilance by all three pillars of democracy - legislature, executive, and judiciary.