Khap Panchayats, known for their strange decrees, have now come out against live-in relationships, love marriages and gay marriages. Khap Panchayats have also opposed marriages taking place within the same Gotra.
In fact, on Sunday, leaders of about 300 Khap Panchayats had organized a ‘Mahapanchayat’ in Jind, Haryana. It included Khap leaders from Haryana, Uttar Pradesh, Rajasthan, Gujarat and Madhya Pradesh. In the Mahapanchayat, Khap leaders threatened that if their demands of banning live-in relationships and love marriages were not met, they would protest.
Khap leaders will also meet Prime Minister Narendra Modi and Leader of Opposition Rahul Gandhi regarding their demands. He says that pressure will be put on the government to amend the laws.
What are the demands of Khap leaders?
Khap leaders are demanding a ban on live-in relationships, love marriages, gay marriages and marriages within the same Gotra.
Benain Khap chief Raghubir Nain says that live-in relationships should be banned. Homosexual marriage should also be banned because even animals avoid it.
He said that Khap is not against love marriage, but consent of parents is necessary in such marriage, because no parent wants to harm their children. He told that Khap is also against marriages taking place within the same Gotra.
Mahila Khap leader Santosh Dahiya said that the family system is breaking down due to live-in relationships, because it has got legal protection. It has had a bad impact on society, children and our culture. He said that marriage within the same Gotra has destroyed the social fabric. Besides, it has given rise to many genetic problems, which increase manifold after marriage within the same Gotra.
Living in live-in relationship is not a crime
In 2006, the Supreme Court had made it clear in a decision that after attaining majority, a person is free to live with or marry anyone.
With this decision of the Supreme Court, live-in relationships got legal recognition. In this decision, the court had also said, ‘In the eyes of some people, this may be immoral, but living in such a relationship does not fall within the scope of crime.’
However, if a married person lives in a live-in relationship with someone without getting a divorce, then it is considered illegal.
Not only this, a woman living in a live-in relationship also has the right to receive maintenance allowance just like a married woman. If a woman is abandoned by her partner without her consent, she has the right to receive legal maintenance. In a case in 2011, the Supreme Court had ruled that a woman living in a live-in relationship has the right to get maintenance under Section 125 of the CrPC. And the woman cannot be refused on the grounds that she had not entered into a valid marriage.
A child born in a live-in relationship also has rights in the father’s ancestral property. In 2011, the Supreme Court had said in a case that if a child is born to a couple living in a live-in relationship, then he or she will have the same right on ancestral property as a child born out of a valid marriage.
Can we do love marriage?
The Constitution of India gives every citizen the right to live as per their choice. It also gives him the right to marry whomever he wants. Even if two adults belong to different religions or castes, they still have the right to marry the person of their choice.
The legal age for marriage in India is 21 years for boys and 18 years for girls. After crossing the legal age a person can marry as per his wish.
If both the boy and the girl belong to different religions or castes, then the Special Marriage Act gives them the right to marry. Under this law, the couple has to inform the marriage registrar 30 days in advance that they are going to get married. After this the marriage registrar issues notice to both the parties. If anyone has any objection then he can register it within 30 days. If the objection is found to be true, the registrar can refuse the marriage.
If there is no objection then the marriage process starts. The marriage takes place in the registrar’s office, for which three witnesses are required.
What is the rule of marriage in the same Gotra?
There is no law that prohibits marriage within the same Gotra. The Hindu Marriage Act prohibits only Sapinda marriages, not those of the same Gotra.
According to the Hindu Marriage Act of 1955, no Hindu person can marry anyone who is within three generations of him. There is a ban on marriage within three generations from the mother’s side and five generations from the father’s side.
At the same time, in February 2018, Khap Panchayats were reprimanded regarding marriage on the same Gotra. The Supreme Court had said that when two adults want to get married, a third person cannot interfere in it. The Supreme Court had said, ‘If an adult man and woman get married, then no Khap or society can question it.’
In that decision, the Supreme Court had said that it depends on the court whether a marriage is legally valid or not. Khap Panchayats cannot decide this.
Gay marriage is not allowed in India
Gay marriage is not legally recognized in India. In October last year, the Supreme Court had rejected the petitions demanding legal recognition of gay marriage.
The constitutional bench of five judges of the Supreme Court had made it clear that the court cannot make laws. Can only explain it. It is the job of Parliament to make laws. The Supreme Court said that Parliament and state assemblies have the right to give legal recognition to gay marriage.
However, in February 2018, the Supreme Court had decriminalized homosexual relations. Then the Supreme Court had repealed Section 377 of the IPC, which made homosexual relations a crime.