"Honouring Dalits With Blood"
By Pardeep Singh Attri
11 January, 2010
Countercurrents.org
Once, I asked writers who had already written on the issue of 'Khap
Panchayats' that "what's the role played by caste in the brutalities
of 'Khap Panchayat' i.e. how Dalits suffer in 'Khap Panchayat' system?
They replied there is no such survey or measure available to check out
this, 'Dalits' are killed when they marry in another caste but in
Haryana the problem is of 'Khap' (marrying within 'Khap') or the other
replied 'Khap Panchayats' are against modernization' not against
"Dalit'. I wasn't satisfied with the answers, so I tried to search and
write this article explaining with brief history what led the increase
in the number of Khap Panchayat's illegal decrees, 'fatwas' against
Dalits.
'Khap' (group of 84 villages) is a system of social administration and
organization in northern India (highly influencing in Haryana,
Rajasthan and western Uttar Pradesh). Khap Panchayat's whole-sole
motive/purpose is to work and maintain clan/caste system alive (which
they have done with perfection!) and they have always worked as
anti-Dalit, anti-women, and anti-modernization. Sometimes these 'Khap
Panchayats' are equated with 'Kangaroo Courts', which are the 'sham
legal proceedings' and which are set-up in order to give the
impression of a fair legal process.
Why Dominated Landlords Are Furious
Jajmani system under which there was some interdependence between the
landlords and Dalit agricultural labors, but after the green
revolution (in 1970s) the dependence of Dalits on landlords decreased
to some extent. This Jajmani system was broken up and Dalits got
liberated from bonded labors after green revolution.
What troubled more was '73rd amendment (in 1992) of Indian
constitution' which reserved seats for Dalits in Gram Panchayats,
Panchayat Samitis, Zilla Parishids (district councils) according to
the Dalit population. Now, it was obvious for so called upper caste
landlords to be annoyed with Dalits as Dalits were ready to sit beside
them. How could upper caste people have tolerated this when they have
been forcing Dalits to drink their urine in 'juttis' (shoes, sleepers)
for thousands of years?
Is there any need to discuss about reservation's impact on the social
status of Dalits? Reservation has always made anxious to so called
upper caste people.
Another reason for the increased visibilities of such crimes is the
rise in global level education, economic opportunities for everyone
(including Dalits) in Haryana, which made possible
love/inter-caste/inter-community marriages.
I agree to some extent when people say 'Khap Panchayats' are against
modernization as 'Khap Panchayats' banned playing cricket at many
places like in district Jind (Haryana) after the poor performance of
team India in world cup. Ban hardly remained in force for few weeks
afterwards everyone forgot about the ban and cricket become as popular
as it was. In another district, Rohtak (Haryana) 'Khap Panchayats'
banned the usage of DJ's in marriages giving the reason that it
'disturbs animals', it was done under the 'animal welfare'! (They
value for animals more than human! In places like Rajasthan, state
government has established "Rajasthan GAO (cow) Seva commission." In
this scheme special shelters are being created for 6 Lac cows. In
addition to this 5 Arab, 24 crores & 85 Lakhs rupees has already been
spent by Rajasthan Govts on these cows.) These bans were effective for
few days only, but the ban on expelling Dalits from village,
boycotting Dalits remains effective for life long.
Righteous Kill: Stark Realities
It is estimated that every year hundreds of married couples are
murdered, are asked to leave the village, are asked to break their
marriages and accept each other as brother-sister, are paraded naked,
and blackened their faces by their families in order to regain/retain
'family honour', on the ill-fated instructions of 'Khap Panchayat'.
And mostly those suffer in these crimes are Dalits. The decisions
about killing, burning homes, raping Dalit women etc are taken by
these "Khap Panchayats" collectively at the open places without any
fear. It's not always the family of boy or girl (as promoted by these
'Khap Panchayat') who kills or orders to kill but the 'Khap Panchayat'
members plays an active role in executing rapes, murders. If they
(boy/girl) escape, their family members are being murdered/killed,
gang-raped or fined heavily.
In Jhajjar, (Haryana) which is developing fast (coming NTPC thermal
power plant and AIIMS-like hospital) but the condition of Dalits is as
miserable as was 100s years ago in the area. Social boycott of Dalits
in this area is common thing. Number of cases of caste killing/honour
killing are being reported from this area. Recently, an upper caste
girl tried to marry lower-caste boy, girl's sister was helping in
this. But both the girls were found dead in next day. In Dadri,
District Bhiwani of Haryana caste panchayat ordered boycott the
newlywed couple, ordered them to 'escape from village' and their
families were fined heavily. Two years back in district Kaithal
(Haryana) a couple was killed and their bodies were thrown in river on
the orders of these 'Caste Panchayats', in another case, a couple was
killed and their dead bodies were kept in front of everyone in village
so as 'everyone can learn a lesson from this'.
All these acts of 'Khap Panchayats' are not limited to Haryana only,
you can see the impact of 'Khap Panchayats' in Uttar Pradesh, Madhya
Pradesh and Punjab also. Recent days in district Muzaffarpur of Uttar
Pradesh a women was raped by her 'father in law' and 'Khap Panchayat'
ordered she should accept his 'husband as a son.' In another district
Saharanpur, 40 years old women was paraded naked in village and 'Khap
Panchayat' ordered to rape her 17 years old daughter and people acted
on the same lines. Police didn't even register the case. In Meerut
district, almost same happened when inter-caste marriage happened.
After two days of 'International Human Rights Day', on 12th December,
2009 while commuting death sentences of two persons involved in honour
killings 'Supreme Court' accepted 'caste' as a 'stark reality' in
honour killings said "The 'caste' is such a concept that grips a
person even before his birth and does not leave him even after his
death the vicious grip of the caste, community, religion, though
totally unjustified, is a stark reality."
On the same day (12th December, 2009) another landmark judgment came
from Judicial Magistrate, (though after 11 years of case proceedings!)
which imposed fine on 'Khap Panchayat' for issuing a fatwa
excommunicating a person from the 'Khap' and calling for his social
boycott. This is the first time that any court in Haryana has
penalized a 'Khap Panchayat'. In another news on 25th November, 2009
'The International Jat Intellectual Meet' calls for drive against
honour killings. I seriously doubt the goodwill intensions of these
decisions as this can be just to show the 'world' that we are
concerned about humanity, mankind while celebrating 'International
Human Rights Day'.
Nothing happens to people like Mahendra Singh Tikait, farmer leader in
western Uttar Pradesh when speaking on behalf of 'Khap Panchayats' he
comments like 'only whores chose their own partners.' Why no action
was taken against him, who degraded the whole women society?
Denying 'Constitution', Implementing 'Manusmriti'
Article 13(1) and 13(2) of 'Constitution' deals with the "Laws
inconsistent with or in derogation of the fundamental rights" and it's
clearly written under
Article 13(1) "All laws in force in the territory of India immediately
before the commencement of this Constitution, in so far as they are
inconsistent with the provisions of this Part, shall, to the extent of
such inconsistency, be void." and
Article 13(3a) " 'law' includes any Ordinance, order, bye-law, rule,
regulation, notification, custom or usage having in the territory of
India the force of law."
Though everything is written so plainly in 'Constitution' of India
about the equal rights for everyone, irrespective of religion, caste,
color, creed, etc; even today after 60 years of Independence, 'Khap
Panchayat' are greatly influencing and are capable of petrifying
people in the northern region. By keeping 'Khap Panchayats' alive
aren't Government's trying to make Manu smile?
On The Part of Governments and Dalits
Much has been written and said about the issue of 'Khap Panchayats' by
intellectuals and academician but there has always been a lack of any
initiative to dissolve 'Khap Panchayats' or call these illegal on the
part of Government. Not even a single leader has ever stood against
(forget about the standing against this system, many local leaders of
congress and other parties have glorified acts of 'Khap Panchayat')
this cruel system, which may be because of Government's own petty
political reasons. Another thing, why all these killings are clubbed
together in the list of 'murders', if we can have separate laws for
'Sati' and 'Dowry' then why can't we have separate special laws to
handle these 'Khap Panchayats'?
Lack of representation of Dalits in police, print media is also a
severe problem. Further, serious issue is of divisions among Dalits
and lack of able Dalit leadership in the region, people on the name of
Dr Ambedkar are fighting to prove that they are real 'Karva Pullers'
of Dr Ambedkar, but reality lies somewhere else! There is a strong
need of active participation of everyone including NGOs, police,
Panchayat bodies and serious/strong laws (not merely paper tigers!)
against the crimes of 'Khap Panchayat".
P.S.: I am grateful to Advocate Dr S L Virdi, being my source of
inspiration, encouragement and whose article on the same issue
published in Punjabi magazine "Begampura Saher" was helpful for
fulfilling my quest.
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