Ostracised, extorted, humiliated: Inside cases that led Rajasthan HC to act on khaps

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(File Photo) Make us preferred source on Google Whatsapp twitter Facebook Reddit PRINT A family ostracised for using a music band and horse at a wedding without the panchayat’s ‘permission’, a Dalit sarpanch being asked to pay Rs 5 lakh and stand on one leg with folded hands, the various checks and balances failing to provide protection to a couple, a man asked to perform costly rituals after the passing of his wife, and a self-styled panchayat ostracising a family over an inter-caste marriage and extorting money even from other members of the community. These are some of the cases that prompted the Rajasthan High Court to issue a slew of strict directions to the state government and various authorities to check the menace of khap panchayats in the state. Last week, calling the issue a serious social concern, a single bench of Justice Farjand Ali directed the state government to prepare a policy with a standard operating procedure to address complaints linked to social boycott. The court passed the orders while hearing a bunch of cases, with the court noting misuse of community power; social boycott and isolation; forced monetary demands; suppression of personal choices; mental harassment and trauma; fear based control system; gender based vulnerability; escalation of private disputes into social sanctions; erosion of faith in authorities; use of violence and threats; exploitation of vulnerable sections; public humiliation and loss of dignity resistance to social reform; and cycle of retaliation and false litigation as “certain recurring social concerns.” In a case from Sirohi district, Deepa Ram Meghwal’s son was married off in 2019 but certain “customary restrictions” were allegedly violated by using a band and horse without prior approval of the panchayat. According to the complainant, without granting him an opportunity of hearing, the local “panch” or decision makers, imposed a penalty of Rs 1 lakh along with “hukka-pani band” or (social boycott), restraining the complainant and his family from participating in community functions. He alleged that the boycott continued unless illegal monetary demands for re-entry were satisfied, subjecting him to “coercion, mental harassment, and loss of dignity”. Despite partial payment of Rs 31,000 and requests for time, the complainant was not reinstated and faced complete social ostracism, forcing him to relocate. In this case, no FIR was initially registered, forcing him to opt for proceedings under section 153(6) of the CrPC. In a case from Jodhpur, a couple solemnised their marriage in 2024 at Arya Samaj against the wishes of their community. They then approached the court which issued necessary directions to the State. The couple alleged that despite such ‘protection’, the ‘unlawful’ community meetings were convened where a penalty of Rs 11 lakh was imposed on the couple, along with threats to life for non-compliance. They claimed that repeated representations to the police yielded no effective response either. In a case from Balotra, one Deeparam, who has actively been working against the practice of mrityu bhoj or death feast through awareness campaigns and by informing authorities, was pressured by self-styled caste panchayat members to pay Rs 5 lakh among other demands, coupled with threats of social boycott excommunication. Deeparam alleged that unlawful meetings were convened wherein he and his family were made outcasts, and coercive conditions were imposed for their re-entry, including monetary exactions. He said that there was no protection by the police and the authorities despite repeated representations, also attributing the death of his mother to the mental trauma caused by such illegal acts. Jalore’s Bhaka Ram alleged that after the death of his wife, Shanta Devi, he was compelled by the Panch-Patels to perform costly rituals, including immersion of her ashes at Haridwar and arranging a three-day “Ganga Prasadi” feast for people of several villages, for which he incurred expenses of approximately Rs 3.5 lakhs by borrowing money. Ram says that despite complying with all such demands, the Panch Patels declared that he and his family had already been socially boycotted by a Panchayat decision, demanding Rs 5 lakh for his re-entry into society, failing which they and even their relatives would be prohibited from social interaction. An FIR was eventually lodged for extortion and criminal intimidation and investigation is underway. In a case from Beawar, the petitioner alleged that the accused trespassed into his house at night “and attempted to outrage the modesty of his wife”. However, caste panchayat members convened meetings to pressure him into withdrawing the complaint. He alleged that the panchayat, acting without any legal authority, imposed exorbitant monetary demands and, upon non-compliance, socially boycotted him and his family. He said that he and his family were also subjected to physical assault, intimidation, and coercion, and huge sums of money were forcibly extracted “under the guise of community settlement,” with a “false FIR” being filed against him. Heeralal Bhati, a Dalit man, alleged that following his offspring’s inter-caste marriage, a self-styled caste panchayat unlawfully convened and excommunicated him and his family, imposing exorbitant monetary penalties. He alleged that their social boycott continued despite payment of these penalties, with the panchayat extorting “large sums from various members of the community under threat of ostracism.” He alleged that despite representations to various bodies, no action was taken, leading him to approach the court. Sarvan Ram of Nagaur, also a Dalit man serving as an elected sarpanch, alleged that a group of panchayat members unlawfully convened a gathering and, under the guise of a maha panchayat, subjected him to “humiliation, coercion, and physical as well as mental harassment,” with Ram alleging he was forced to stand on one leg with folded hands, abused, and threatened, and an arbitrary diktat of social boycott was imposed upon him and his family. He claimed that the accused further declared that no member of the village would maintain social or commercial relations with him, while demanding Rs 5 lakh as penalty. Hamza Khan is a seasoned Correspondent for The Indian Express, specifically reporting from the diverse and politically dynamic state of Rajasthan. Based in Jaipur, he provides high-authority coverage on the state's governance, legal landscape, and social issues, directly supporting the "Journalism of Courage" ethos of the publication. Expertise Politics & Governance: Comprehensive tracking of the Rajasthan Legislative Assembly, including policy changes (e.g., the Right to Health Bill and Anti-Mob Lynching Bills), bypoll dynamics, and the shifting power structures between the BJP and Congress. ... Read More Stay updated with the latest - Click here to follow us on Instagram