ISS Previous Year Paper 2018 GS Solution Question 4(d) Khap Panchayats and the Supreme Court's Stand on Marriage Rights
- Gajender Raaz
- 3 days ago
- 2 min read
ISS Previous Year Paper 2018 GS Solution Question 4(d) Khap Panchayats and the Supreme Court's Stand on Marriage Rights. Detailed answer discussing the legality of Khap Panchayat interventions and judicial protection of individual choice in marriage.
ISS Previous Year Paper 2018 GS Solution Question
Q.4(d) Khap Panchayats have been in the news for functioning as conscience keepers of society, often delivering pronouncements on the legality of marriage. Discuss the stand taken by the Supreme Court in this regard.
Answer :
Khap Panchayats have often opposed marriages that they consider contrary to traditional social norms, particularly inter-caste, inter-community, and same-gotra marriages. In some cases, their decisions have resulted in social pressure, harassment, and even violence against couples.
The Supreme Court of India has consistently upheld the constitutional right of adults to choose their life partners. The Court has emphasized that marriage is a matter of personal liberty protected under Article 21 (Right to Life and Personal Liberty) of the Constitution.
The Court has repeatedly stated that Khap Panchayats or any community organization have no legal authority to interfere in marriages between consenting adults. It has condemned honour-based violence and unlawful social sanctions imposed on couples.
In the landmark Shakti Vahini v. Union of India (2018) case, the Supreme Court directed state governments to take preventive, remedial, and punitive measures against honour crimes and unlawful interference by Khap Panchayats. The Court stressed that individual choice in marriage is a fundamental right and must be protected by the state.
Thus, the judiciary has consistently prioritized constitutional values of liberty, dignity, equality, and individual autonomy over traditional social restrictions.
Conclusion
The Supreme Court has firmly upheld the right of consenting adults to marry according to their choice and has rejected any unlawful interference by Khap Panchayats. The Court's position reinforces constitutional freedoms and strengthens the protection of individual rights in a democratic society.
