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Impact of Khap Panchayats on Women: A Sociological Study in West U.P. | |||||||
Paper Id :
15919 Submission Date :
2022-03-06 Acceptance Date :
2022-03-16 Publication Date :
2022-03-23
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Abstract |
Khap is a community organization representing a clan or a group of related clans has a great effect on the functions of particular society. The sense of community feeling, cooperation, a traditional value system and the feeling of togetherness provide the main strength to the Khap Panchayat. With some cluster of functions, Khap have some dysfunctions by which it has own negative face. The study seeks to understand the historical background, functions of Khap Panchayat and impact of Khap Panchayat on women’s life. Area of study is Muzaffarnagar and Shamli District of Uttar-Pradesh. By using purposive sampling 20 women have been selected to study as Case study. The study found that khap Pamchayt has huge impact on women in the term of their personal choices, education, and married life along with their views about love marriage, inter-caste marriage etc.
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Keywords | Khap Panchayat, Women, Organization, Social Institution. | ||||||
Introduction |
The exact origin of Khap Panchayats up till date is not known but some think it was start back in 600 AD. Historically speaking, Khap Panchayats are very old, with various scholars tracing their origins to tribal times. But we do know that they were, by around the 14th and 15th centuries, and informal but well-estbalished social institution in the Jat-dominated areas that fall in present-day Haryana, Western Uttar Pradesh and parts of Rajasthan (Kumar, 2012). French thinker Emile Durkheim, in his book ‘The Division of Labour in Society’ (1893), wrote that there are two types of social solidarity- mechanical solidarity and organic solidarity. Mechanical solidarity characterizes earlier or traditional societies where the division of labour is relatively limited and legal codes or the system of law tends to be repressive law (involves violent sactions and aims to punish ordestray the rule violator). Organic solidarity characterizes modern societies with dependence of individuals on each other within the division of labour and legal codes or the system of law tends to be restitutive law (involves a judgment in terms of damages done by the rule violator and a fine that ‘restores’ the loss of the innocent victims). But in modern Indian society, there is still practice of repressive laws by some local bodies like caste based councils as Khap Panchayat. Whereas Article 21 of the Constitution of India says that ‘No person shall be deprived of his life or personal liberty except according to a procedure established by law’. This right has been held to be the heart of the Constitution, the most organic and progressive provision in our living constitution, the foundation of our laws (Jain, Riya, 2015). But these caste councils like Khap want to decide that which dress code girls should follow in other words what a girl can wear and what she can’t wear, to whom you can marry and to whom you cannot marry.
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Objective of study | 1. To analyze the historical background and functions of Khap Panchayat.
2. To study the impact of Khap Panchayat on women’s life.
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Review of Literature |
Unconstitutional and independent social-political group, Khap's usually made lead lines because of its non-legal decision in race, love marriage & honor killing. Khap Panchayat enforce age old patriarchal notions of the society and punish those who violate them, it uses cultural excuses to tolerate or justify discrimination and violence against women. In Jat community inter-caste marriages are still not permitted. Khap's decisions and orders show their gender biasness for example – marriage of Jat woman to lower caste man becomes the burning issue for Khaps. However, if a Jat man marries a woman from a lower caste, he does not attract severe censure from Khap. Many Jat men now get married to lower caste women from Himachal Pradesh, Madhya Pradesh, Jharkhand and so on because the sex ratio in Haryana is highly skewed. |
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Methodology | The districts Muzaffarnagar and Shamli of Uttar Pradesh were selected purposively for the study because these two districts were most severely affected by Khap Panchayat. From the selected districts, 20 women members (10 members from each district) were selected as respondents. The present study is based on case study method. For processing and analysis of the collected data qualitative method has been used to arrive at conclusions. Data has been collected through observation, interview and oral history have been analyzed qualitatively. |
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Result and Discussion |
Context
in Historical Background and Function According
to local beliefs, the Sarv-Khap Panchayat was organized in 7th century by emperor
Harsha at Prayag (modern Allahabad). The written historical records of
different Khap Panchayats and Sarva Khap Panchayats give evidence that there
was a metting (10th Ashad, Samvat 1256, 1191 AD) of Sarva Khap Panchayats held
at Tikri village of Meerut which was attended by 60,000 people of various Khap
(Pradhan, 1969). Khap Panchayats became very powerful when they extended
military support to Ibrahim Lodhi in 1517 against his brother and Maharana
Sangram Singh in 1527 against Babar (Thenua, B., 2016). Being close to Delhi,
the political capital of the Sultans and later the Mughal rulers, land revenue
in most of the Jat areas was collected directly by royal officials under the
supervision of central authority (Mareland, 1963). In times, a section of Jats
became a part of the revenue collection mechanism when they were employed in
the posts of Choudharis and Muqaddamms in parganas and villages respectively.
The dominant class of Jats who emerged as Chaudhris and Muqaddamms became still
larger owners of land using the influence of their official position. This
class also began playing important roles in the Khap's by wielding the weight
that property tends proximity to political power gave them. While Khaps were
used by Jat landlords to make bargains and compromises with the Mughal rulers
to maintain or strengthen their role as intermediaries in the land revenue
system (Kumar, 2012). Even after the establishment of a ‘Modern’ state based on
the rule of law during the colonial period, Khap's remained a parallel socio
political authority that served as a means for its influential leaders to so
consolidate their social and political status (Ibid). Generally,
a Khap is consisted as a socio-political unit of 84 villages. The structure of
Khap, consisted of 7 villages is Thamba, these 12 Thambas from a unit of 84
villages, called Khap Panchayat. A Khap Panchayat is divided into a number of
political sub-units called Thamba Panchayat. A Thamba is comprises with a
number of neighboring villages varying from Thamba to Thamba. It is divided
into a number of informal Gamvand Panchayats. A group of 5 to 8 neighboring
villages is called Gamvand (Pradhan, 1965). The ‘Sarv Khap Panchayat’ is a term
used for all Khaps. Every
individual Khap elect their leaders who choose delegates to be sent to the Sarv
Khap level to be represented as Khap there. Since, it is a socio- political
organization, it consists of the clans or sub-castes, castes and ommunities at
the regional level. Across Rajasthan, U.P., Haryana and Delhi, there are over
600 Khaps, and of those, around 106 are in Haryana alone (Rajpurohit &
Kaur, 2015). Khaps could be classified into following categories: 1. Based on Single Caste and
Single Gotra, Example: - Dahiya Khap, Huda Khap, Malik Khap, Sangwan Khap,
Balyan Khap and so on. 2. Based on Single Caste and
Multiple Gotra (when entire villages and area dominated by a single caste, with
some of the villages dominated by various Gotras) Example: - Chaubitii Khap (24
villages of Maham in Rohtak District of Haryana). 3. Based on a Multi-Caste
and Multiple Gotra (This system is renowned as having villages’ in particular
geographical area of which some villages are dominated by a particular caste
and other villages by other castes but different Gotras). Example: - Bawal Khap
of Chaurasi in the Rawari District. Khap
Panchayats Perform Following Functions 1. Till the establishment of
the judicial system, Khap's were socially famous and relevant to harmonious
settlements of disputes. 2. The main role of Sarv
Khap is to maintain the peace and harmony between the various Khaps by settling
disputs between them or by passing resolution related to the social welfare of
the people such as education of girls, ban on female foeticide and dowry, limited
expenditure of the marriage etc. 3. In structure and
functioning, Khap Panchayats are ‘Participatory’ in spirit and served as public
forums where differences could be sorted out by direct negotiated settlements
between both parties without wasting too much time or money. 4. Khap heads act as opinion
leaders for their respective clans. Youngsters respect them too. 5. Khaps played an important
role in the peasant movements of Kandela, Adampur and Nisingh led by the
Bharatiya Kisan Union. Here
are some resolutions and orders which were passed by Khap Panchayat at time to
time; Marriages within the same Gotras is forbidden since in that case a boy
and girl are regarded as a brother and sister, Marriages in the different
Gotras are forbidden if a boy and girl belong to the same village or physically
adjoining villages, Inter-caste marriages are strictly barred, Girls cannot
dress in such a manner which is not acceptable by the community For example: -
Girl cannot wear Jeans. Girls cannot marry by own choice or against wish of
family or community, girls cannot use mobiles etc. Context
in Impact of Khap Panchayat on Women Khap’s
ideology believed that their culture is superior than others that’s why they
work for protection and preservence of their culture. They work for aikya
(unity), izzat (honor), biradari (community) and bhaichara (brotherhood). Khap
Panchatyat negative impacts include practice of Honor killing, forced
marriages, female feticide, discrimination against women, gender inequality and
violence of Human right and fundamental rights. Baliyan Khap has banned mobile phones for women in Muzaffarnagar and Shamli district. Forced marriages have been performed by pressurizing on or both the parties and without their free will and free consent in Muzaffarnagar and Shamli District. The victims of forced marriages, especially the girls, experience torture, threat, mental and physical abuse. Baliyan Khap has banned wearing jeans for Girls in the study area. Baliyan Khap helped in marriages of poor girls. Baliyan Khap worked for girls’ education by establishing colleges in his own area. Respondents of case study are not agreed with the ban of mobile phones for girls as they said that mobile can help a lot in their study. Respondents’ answers indicate that most of decisions of their life are taken by their parents, especially by father. They have no right to make choices. What their family say, they have to do the same whether they want it or not. Respondents agreed that Khap’s orders are often biased on the basis of gender and caste and Khap’s ideology has greatly affected their personal choices, especially life style and thoughts. Few respondents told that for education Khap opened a degree college for girls and so their parents don’t send them outside or to other degree colleges. |
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Conclusion |
On the basis of above facts, impact of Khap Panchayat on women’s life can be clearly seen on their life style, thoughts and choices. Many respondents don’t even know about their rights that they can make choices and have liberty to live their life according to their own wills not according to Khap. The study also shows that the khap exist today with as much importance as in previous time. Khap's enjoy the confidence of community since they act as an important agency of social control. The Khap's have a say on various issues of the village in order to sustain law and order and peace by imposing certain norms and sanctions on the people. The study also reveals that the Khap's are now trying to enhance their public image by releasing some bans on marriage rules which will in turn strengthen their role and still tighten the grip of authority in the villages. They are working for betterment of the people too but as per to their own convenience. |
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References | 1. Annavarapu, Sneha, 2017, “In the Name of Honour”, Economic & Political Weekly, Vol.LII, No.41
2. Gurtoo, Ritupriya, 2016, “Khap Panchayat in relation to Women’s Human Rights: Indian Perspective”, Journal of Legal Studies and Research, Vol.2, No.2, pp: 46-59
3. Jain, Riya, 2015, "Article 21 of the Constitution of India- Right to Life and Personal Liberty", UILS Panjab University, at www.lawctopus.com
4. Kachhwaha, Kavita, 2011, “Khap Adjudication in India: Honouring the Culture with Crimes”, International Journal of Criminal Justice Sciences, Vol.6, NO.1 & 2, pp: 301
5. Kaur, Ravinder, 2010, “Khap Panchayats, Sex Ratio and Female Agency”, Economic &Political Weekly, Vol.XLV, No.23, pp: 14-16
6. Khattar, M. 2016, “Khap Panchayats are Useful Instruments of Society”, The Hindu: Kolkata, (interview given in Kolkata)
7. Kumar, Ajay, 2012, “Khap Panchayats: A Socio-Historical Overview”, Economic &Political Weekly, Vol.47, No.4, pp: 59-64
8. Mukherjee, Bhaskar, 2013: “Khap bans jeans and T-Shirts for girls in Hisar”, at http://timesofindia.com
9. Pradhan, M. C,1965, “The Jats of Northern India: Their Traditional Political System”, The Economic Weekly, 11 December 1965... 1969: Anthropology and Archeology (Ed.), Delhi: Oxford University Press
10. Rajpurohit, G. S. and A. Kaur, 2015, “An Appraisal of Khap Panchayat: Issues and Concerns”, International Journal of Science and Research, Vol.6, No.4, pp: 290- 295
11. Sangwan, K. S. 2009, “Khap Panchayats in Haryana: Sites of Rural Pluralism”, in Kannabiran, K. & Singh, R. (eds.) Challenging the Rule(s) of Law: Colonialism, Criminology and Human Rights in India, Sage Publications PVT LTD
12. Sarin, Jaideep, 2013, “From Chowmein to Skirts, Haryana’s Strange Diktats”, Deccan Herald, March 23, 2013 at
http://www.deccanherald.com/320961/from-Chowmein- skirts-haryanas-strange.html
13. Thenua, B. 2016, “Khap Panchayats among the Jats of North- West: A Socio- Historical Interpretation of Medieval Period”, International Journal of Management & Social Sciences, Vol.5, No.3, pp: 402-407
14. Yadav, Bhupendra, 2009, “Khap Panchayats: Stealing Freedom”, Economic and Political Weekly, Vol.44, No.52, pp: 16-19 |