“Only whores choose their own partners”
Honouring Dalits with Blood
By Pardeep Singh Attri
Never changing story: A Balmiki woman surveys her ransacked home Jhajjar. Gohana. And now Salwan, where ‘justice’ by a caste panchayat saw dalit bastis looted and burnt.
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 into another caste but in Haryana the problem is of ‘Khap’ (marrying within ‘Khap’), 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 to 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 influenctial 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 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, slippers) 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 ‘animal welfare’! They value 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 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 their faces blackened by their families in order to regain/retain ‘family honour’, on the ill-fated instructions of ‘Khap Panchayat’. And mostly those suffering 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 the boy or girl (as promoted by these ‘Khap Panchayat’) who kills or orders to kill but the ‘Khap Panchayat’ members play an active role in executing rapes and murders. If they (boy/girl) escape, their family members are 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 of 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 a lower-caste boy, the girl’s sister was helping in this. Both the girls were found dead in next day.
In Dadri, District Bhiwani of Haryana caste panchayat ordered boycott of 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 that ‘everyone can learn a lesson from this’.
Caste Panchayats have outgrown their function as local dispensers of justice. Today, they are epitomes of cruelty. (Photo Credit: Outlook India)
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. Recently, in district Muzaffarpur of Uttar Pradesh a women was raped by her ‘father in law’ and ‘Khap Panchayat’ ordered she should accept her ‘husband as a son.’
In another district Saharanpur, a 40 year old women was paraded naked in the village and ‘Khap Panchayat’ ordered the rape of her 17 year old daughter and people acted on the same lines. Police didn’t even register the case. In Meerut district, the same almost happened when a 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 and 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 (12 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 25November, 2009 ‘The International Jat Intellectual Meet’ calls for drive against honour killings. I seriously doubt the goodwill intentions 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 makes comments like ‘only whores chose their own partners.’ Why no action was taken against him, who degraded the whole of 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 the ‘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 influential 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 academicians but there has always been a lack of any initiative to dissolve ‘Khap Panchayats’ or call them illegal on the part of the Government. Not even a single leader has ever stood against, instead 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 crimes by ‘Khap Panchayats’?
Lack of representation of Dalits in police and 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 in 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.
Respected Pradeep your article reopens lot of issues related to the honor killing, non implementation of constitutional safeguards, several cases of inter-caste marriages and the results.
“Khap Panchayat” and there role is also glorified by academicians by saying these are the indigenous methods which tribals and other communities are using from ancient times to settling disputes and conflicts, rather in reality it has become an instrument of terrors for dalits, we can see the duality from the government side like one side they are giving Reservation for Scheduled Castes in Panchayat, another side they are coming up with “Tanta Mukti Gao Yojna” which is always headed by upper caste, these two are the most important committees in a village with all upper-caste domination dalits (srpanch) nominal for either to take signature, or if she is a women then to Rape her.
Dr. Ambedkar has refused the concept of village autonomy which Gandhi called ‘Gram Swaraj’, later constitutionaly strengthen by the 73rd and 74th Amendment to the Consititution. As Babasaheb seen village is the strongest institution of society, in relation to maintaining status quo on the basis of caste and religion and governed accordingly, which is laborous to change. Thats why Dr Ambedkar suggested to move to Cities, which is more flexible, and having opportunity of Mobility.
Dear Attri
Thank you for enlightenment about the issue which is very much reality in this country.
I have gone through the article especially on” Khap panchayat justice” towards the Dalit Community.
Because of education in independent india the awareness among the Dalits and their changed lifestyle, including their marriages with Upper communities, created some kind of fear among the uppercommunity who are all along much depended on the highest hierarchy they occupied since the begining verymuch felt that they may lose their position in the society which that kind of establishment has and had been beneficial to them from the beginning.
When compare to North India,South India is much better and progressive because Maharajas of these areas were themselves progressive and sympethetic towards OBCs and Dalits.And many progressive movements were happened because of some social reformers who were from upper communities.But still this part of India is not totally free from the caste disparity,vioce against intercastemarriages,killing Dalit communities for violating the caste system.
In India the reality and deseas of the person whether he belongs to upper or lower community he or she ” loves his/her caste and clan more than his wife/husband and children”.But the recent generation is little exception and different because influence of western education,urbanaisation and industrialisation.Contrary to this evenafter spent somany years in foreign countries, though they tasted foreign food, immeadiatly after they arrived to their mother country they follow their old tradition and become casteist as others.So,the Caste is very powerful tool for the person india who is sitting on higher side.
Last year I was in Delhi on some study purpose so,I had a prevelige to associate with so many senior bureaucrats from various departments and they were almost participated in the policy making bodies and implementation.I had closely watched them which resulted me to become desperat and pessimistic about the system.
Almost 90% of them were much against social justice and affirmative action inside their hearts.When they inside having this kind of feeling how can we belive them in implementing the policies towards Dalits and other lower communities? majority were belong to upper castes and they are lack in understanding the social reality of this country.
They were not exposed to the problems of Dalits and other minority communities.They generally donot want change in the system and they wont accept any change unless it is mandatory from the government
Because of reservation there are some Dalits are also in the bureaucracy.But their number is negligible.
They want to enjoy powers as others which is not useful or beneficial their own community.some are helpless in the system or in the hands of upper community bosses as well as subordinates whose number is much higher.Their confidence level totally depended upon uppercommunities. Good wishes of the majorcommunities is expected to these communities because of socilological reason.Entire bureaucracy is behaves like one caste whether he is Upper caste or lower caste.
I surprised to here that some bureaucrats were introduced themselves with their caste identity at the time of lunch and dinner times to know their community persons in that group otherwise to know the caste of their tablemate.After knowing the caste of the other person than they talk favourably to impress the person.(Generally the person belong to the upper community has pride to mention his caste name but what about the person who belongs to lower community?).How do we expect the social justice from this kind of bureaucrats when their number is always higherside that to in public service? We should forget private services where there is no representation for the lower communities at all?
You are also mentioned about political representation of the Dalits in Panchayats like parliment and state assembies.Because of mandatary provisions they are there not out of love.Being in Small number in the panchayat how could they fight against the major communities in the village? If they want to survive they have to act against their own communities some times or keep their eye shut and follow the major members wishes ultimately they have to live in the same village for ever.
I could quote the other example to support my argument is when I was on study tour in one of the state in north india. the sarpanch of that perticular panchayt was a Dalit. Because sarpanch seat was reserved for the scheduled caste.NAREGA and other schemes were not effectively implemented in that village for the Dalit community, though the sarpanch was a scheduled caste person. There was no Ambedkar photo in his office(not mandatory) where I have noticed the Ambedkar Photos in many Panchayat offices where the uppercaste sarpanches were in position. Thanks for their magnanimity to impress the Dalits.
My collegues who accompanied me wanted my comment why the Dalit sarpanch was not much helpful to the Dalit community?I was also curious to know that.In the begining I thouht that he might have afraid of the majority members who belong to the upper community.Later I came to know that he was not untouchable person among the SC community.He hesitate to be identify as Dalits or Harijan though he belong to Scheduled community.Here, my purpose is not to say or support that If he were to be untouchable person he would have made wonders for his community for several untold reason.Infact,many upper community persons are sympathetic to the Dalits because they are above the board, because of their secular thinking and practice. The reservation in India for the untouchables is to create confidendence in the system.
It is for them because they were socially oppressed not only by the upper communities even by the OBCs and other touchable communities.But what has happened to the untouchables today?In the name of reservation they are facing intolerence from the upper community in one way or the other way.But how for it is benefiting to the real Dalits in India?
It should be very serious subject for the policy makers,implementing agencies and other thinkers
In my openion reservation for all the poor people in the society is necessary.Unequal society needs the rectification through these kinds of mechanism.All unrepresented communities should be given space in the system through the affirmative action including OBCs,minorities but there should be clear demarcation in the policy of reservation for social cause and economic cause.social cause should be primary and priority.This cause gradually to be converted as economic cause.once the social disparities reduced let them also in economic pool.
The laws of legislature and imlementation of the policies totally depended on bureaucrats in this country So,Until the bureaucracy of this country includes socially outsidecastes in its body in proportion to thier numbers the Khapsystem justice will be continued in different formatsSo, we would become mute spectators.
What is the difference between Khap panchayats and various Personal Laws which are operational in India? A few people are allowed their own laws for example polygamy is legal for them, but others cannot have their own.