High Court says orders like banning hookah and water violate the right to freedom, on Khap Panchayat's decree

News Topical, Digital Desk : The Rajasthan High Court has issued strong remarks, terming the decrees issued by Khap and caste panchayats unconstitutional. The court stated that such decrees not only violate people's fundamental rights but also undermine the rule of law. The court directed the state government to formulate a concrete and clear policy to address incidents of social boycott.

A single bench of Justice Farzand Ali delivered the verdict while hearing 11 petitions that raised cases of social boycott and coercion in several districts, including Sirohi, Barmer, Nagaur, Balotra, Jalore and Jodhpur.

The petitioners told the court that despite complaints, the administration often fails to take concrete action in such cases. The court stated that Khap and caste panchayats operate a parallel justice system without any legal authority. These institutions isolate individuals and their families from society by issuing orders such as "shutdown," a direct violation of the right to dignity and liberty.

In many cases, punishment was given for marrying by choice – Court

The court also acknowledged that in many cases, people were punished for marrying of their own choice or for speaking out against traditions. Some families were heavily fined and socially isolated.

The court gave clear instructions to the government

The High Court directed the state government to formulate a policy with a Standard Operating Procedure (SOP) to effectively deal with such cases. It also directed that these guidelines be implemented uniformly in all districts and made public aware of them.

Consider making a law declaring social boycott a crime: Court

The court also stated that Rajasthan currently lacks a specific law criminalizing social boycott. Therefore, the government should consider enacting a law similar to Maharashtra's, enabling strict action against offenders. Furthermore, the court directed the police to appoint an Additional Superintendent of Police-level officer to investigate all cases of social boycott, and to complete each investigation within 90 days.

Read More: High Court says orders like banning hookah and water violate the right to freedom, on Khap Panchayat's decree