Every community in India has its own type of social
organization. Minority religions have their unique systems regarding marriage
etc. These are so unique that some of them are even beyond the reach of civil
and marriage acts. It means Indian constitution allows diversity of culture and
thought. Khaps should basically be analyzed with a belief in this very concept.
If so many distinct customs of marriage, divorce, property rights, which are even
in stark contrast to other uniform laws in India, are allowed then why are khap
panchayats judged with an exceptional, exclusive judgmental hammer ignoring so
many unique cultural traits they define and defend regarding the Jat community.
We have to understand that these are basically units of social organizations
just like any other community in India and having its own utility and flaws.
Those who sit in the studios and blabber about the issue of
honour killings should come out and see the ground realities related to honour
killings. Ask the family where such incidences have taken place. They will tell
it was the fear of getting marginalized by the mainstream society and the fear
of stigma that drove them into the gruesome act. Very rarely Khaps will ordain
honour killings. There have been some incidences when such injunctions were unfortunately
ordained from Khap chabutra, but in those cases it happens when things somehow
reach the larger domain of the community. In such cases these criminal acts
have to be punished as per the law of the land. Don’t individuals commit
murders? Does that mean that all of us should be put under scanner for being
possible murders? Every individual, every institution in the domain of social,
economic and political framework has its own versions of criminal acts. Does
that mean that we should raise questions about their existence itself? Civilization
thrives on reformation, not termination. Even Britishers thought of reforming
so many unique customs instead of gross termination.
Right from Muslims to people in down south, marriage customs
are different in India. If Khaps have a stand against same gotra marriages then
what is wrong with that?? Genetically it has been proved that the more you move
away from the genetic line of your parentage, the better are the offsprings. On
what grounds we get judgmental? From the yardsticks of Hindu marriage customs,
some customs related to certain communities will appear unacceptable. So just targeting
a particular community regarding its marriage customs does not sound prudent
and justified.
The biggest undoing with Khaps have been their spokesmen!
Jats are basically farmers and count very low when it comes to being diplomatically
correct. If put prudently even a slap may sound like a logical act born of some
justified grievance. And if not put appropriately, even a justified act may
appear like a gruesome act. That’s what Khap leaders have done to their system.
Their ill-calculated statements regarding reduction of marriage age to cut down
on rape, not allowing women to use mobile, codes regarding dress etc, have
brought ill-repute to khaps. On the practical surface there is hardly any negative
change in the lives of girls and women on account of such instructions, but yes
after getting overhyped in the media Khaps sound like Taliban ever trying to enslave
woman. Before getting panicked whenever there is such an injunction by some
khap, kindly visit the respective areas and find out if there is a change in
the lives of woman. You would not find any perceptible change. But yes Khaps
will definitely get demonized. Khaps become just self-injurious in such matters.
It happens just once in a while when some old patriarch of the headgear
generations gets panicked possibly on ulterior grounds and ordains something
funny which does not have any affect on the ground level. So Khaps should have
diplomatically correct and educated people as their spokesman who know what
they are saying and what might be the consequences.
If we just strictly
look from the prism of modernity then most of the unique aspects of different
communities will appear redundant. We are here to preserve distinctness, not to
smother down diversity. Doing that just against Khaps does not sound like treating
Jats equally with other communities in India. So many customs and ways of life
related to many other communities also repeatedly rub against the shoulders of
law. So reformation is the key objective, not annihilation. In this regard Supreme
Court’s observations on Khaps appear unjustified.
Every social system having historical roots has and will
serve a role. So to say that Khaps have become redundant is quite farcical.
Khaps are passing through a generational shift. The old patriarchs still
clinging to its top leadership sometimes over buzz the panic button. It has to
be understood that many things that are happening are beyond their imagination.
So the reaction! But most of the times their reaction has not any effect at the
practical level. Once this generation bows out, brighter young people who are
more educated will take charge of Khaps. We have to facilitate this
generational shift in Khap leadership instead of tabooing them Taliban way,