The court urges the state government to enact specific legislation to criminalize social boycotts and enforces Supreme Court guidelines for preventive, remedial, and punitive measures.
In a landmark ruling, the Rajasthan High Court has denounced the unconstitutional practices of Khap Panchayats, which have been imposing social boycotts and coercive measures on individuals and families. The court, led by Justice Farjand Ali, emphasized the violation of fundamental rights, including the right to life, dignity, and personal autonomy, as guaranteed under Article 21 of the Constitution of India. The ruling comes in response to a series of petitions highlighting the oppressive measures enforced by these extra-constitutional bodies.
The court scrutinized multiple cases where individuals were ostracized for inter-caste marriages, exercising personal choices, or defying regressive customs, with actions ranging from economic exclusion to physical threats and public humiliation. Justice Ali observed that such practices are not isolated incidents but reflect a broader societal issue that undermines the rule of law and constitutional values.
Highlighting the legislative vacuum in Rajasthan, the court compared the situation with Maharashtra, which has enacted specific laws to combat social boycotts. The High Court urged the Rajasthan government to follow suit, suggesting that a comprehensive legal framework is necessary to effectively address and eliminate these unlawful practices.
The judgment reinforces guidelines issued by the Supreme Court in the Shakti Vahini case, mandating preventive measures, protection for threatened couples, and strict action against offenders. The court directed the establishment of a centralized monitoring system at the state level and the appointment of district-level nodal officers to ensure compliance with these guidelines.
Furthermore, the court called for the formulation of a policy framework and a Standard Operating Procedure (SOP) by the state government to address incidents of social boycott, ensuring prompt legal action, victim protection, and accountability of law enforcement agencies.
This ruling marks a significant step towards safeguarding individual rights against the oppressive dictates of Khap Panchayats, with the court asserting the non-negotiable supremacy of constitutional law over traditional customs that violate fundamental rights.
Bottom Line:
Khap Panchayats and their extra-constitutional diktats imposing social boycott, coercive monetary demands, and other forms of unlawful sanctions are violative of fundamental rights guaranteed under the Constitution, including the right to life, dignity, and personal autonomy under Article 21. The Court has called for legislative intervention to curb such practices and issued detailed directions for preventive, remedial, and punitive measures.
Statutory provision(s):
Constitution of India - Articles 14, 15, 19, 21; Bharatiya Nyaya Sanhita, 2023 - Sections 308(2), 351(2), 49; Code of Criminal Procedure - Sections 156(3), 144, 151; Indian Penal Code - Sections 384, 506, 120B, 385, 141, 143, 503.
Deepa Ram Meghwal v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2881836
