2015 · GS Paper 2 · Q4 · 12 marks
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 the judiciary to set the things right in this regard.
In short
The judiciary has done most to curb khap panchayats, declaring their marriage diktats illegal and adult choice a fundamental right, while the legislature and executive have lagged. Shakti Vahini v. Union of India (2018) laid down preventive, remedial and punitive directions, but no central law yet exists.
Model answer
Ghissu Editorial · Verified 4 Oct 2026 · 276 words
Khap panchayats, extra-legal caste councils, have issued diktats against same-gotra and inter-caste marriages, ending in boycotts and honour killings such as the Manoj-Babli murders (2007), in violation of Articles 14, 19 and 21.
Actions by the Three Organs
1. Legislature: The Law Commission's 242nd Report (2012) drafted a bill against interference in marriages, which Parliament never enacted, though the Rajasthan Assembly passed such a bill in 2019. 2. Executive: States have offered safe houses and police protection to couples, and the NHRC and NCW have intervened, mostly after crimes occurred. 3. Judiciary: Lata Singh (2006) upheld the right to marry by choice, Arumugam Servai (2011) declared khap diktats illegal, and Shafin Jahan (2018) placed choice of partner under Article 21.
How Far the Actions Have Worked
Shakti Vahini (2018) Shield → Mark sensitive districts → Stop khap assemblies → Safe houses for couples → FIR and special cell → Fast-track trial
1. Strongest step: Shakti Vahini (2018) made khap assemblies condemning lawful marriages illegal and made officers liable for negligence. 2. Gaps: There is still no distinct offence of honour killing in the Bharatiya Nyaya Sanhita, 2023, and political patronage and police reluctance keep compliance patchy. 3. Reform from within: The Bibipur khap mahapanchayat against female foeticide (2012) shows the councils can be harnessed.
Central law and audit
Enact the Law Commission's draft and make district compliance with Shakti Vahini answerable to High Courts.
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Question from the official UPSC Civil Services (Main) Examination 2015 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.