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Senior Advocate Raju Ramachandran amicus curiae has filed his suggestions with regard to a case where an PIL was filed by NGO Shakti Vahini seeking measures to curb honour killing and unwarranted interference by Khap panchayats in inter-caste marriages. He has filed significant suggestions before the Chief Justice of India, to be followed till the time an appropriate legislation is made in this regard.
On January 16, the Supreme Court termed any attack by Khap Panchayats on adult couples opting for inter caste marriage to be absolutely illegal. The apex court had further observed that if an adult man and women are intending to marry then no Khap or panchayats or individual or society can interfere. The senior advocate has urged the court to implement the 242nd law commission report submitted in August 2012. The report suggested stringent laws to combat the menace. The report had proposed a legislation to prevent the acts hindering the liberty of married couples or couples intending to get married. The report has suggested that there should be a clear bar against any such congregation or assembly for the purpose of disapproving any marriage or any intended marriage, the report had further suggested that such assembly be brought under the scope of unlawful assembly, further any order by Khap panchayats for social boycott or harassment of couples be treated as offences and that the offence be made non-compoundable and non-bailable. The senior advocate also referred to the famous Nitish Katara Case, where a Supreme Court bench consisting of Justice Deepak Misra, then a Supreme Court Judge had given strong remarks on Honour killings, giving a sentence of 25 years without remission. The court had remarked that imposing brotherly, fatherly or class honour by elimination of choice of an individual is crime of extreme brutality. The senior advocate has also suggested speedy investigation by a SIT in each case of harassment of couples by Khap panchayats and the arrest of culprits. He has suggested three main suggestions in a note, which are-
(a)If any police officer or any officer of the district administration gets information about any proposed gathering of the Khap panchayats, it will be his duty to immediately inform his superior officers and the matter must be brought to the notice of Deputy Supritendent of Police or any such police officer as indentified by the state government with respect to the area/district to meet the members of Khap panchayats and reason with them that such a meeting/gathering may not be held as it would be an illegal gathering. It should be impressed upon them that if any decision is taken, which would in any manner result in harm to the couple or the family members of the couple, the police would be duty bound to register an FIR against the members of Khap panchayats interalia under sections 141 r/w 143 and 503 r/w 506 IPC.
(b)If the members of Khap panchayats persist in holding a meeting and the senior police officer has reason to believe that such a gathering, any cause reasonable apprehension of harm to the couple or to the family members of the couple or their family. The District Magistrate/ Sub Divisional Magistrate of the district/ area would be duty bound to take preventive steps under the Crpc including invoking section 144 Cr.pc either on the request of the senior police officer or suo moto.
(c) In case it appears to the senior police officer that the assembly of a khap panchayats cannot be otherwise prevented and further the said police officer has reason to believe that the said assembly is likely to take some decision which may result in harm to the couple and/or their families, the power to arrest under Section 151 could be invoked.
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