Last Updated on 29/07/2024 by Ankita Jain
Khap Panchayats, known for their strange decrees, have now come out against live-in relationships, love marriages and homosexual marriages. Khap Panchayats have also opposed marriages within the same clan.
In fact, on Sunday, leaders of about 300 Khap Panchayats held a ‘Mahapanchayat’ in Jind, Haryana. Khap leaders from Haryana, Uttar Pradesh, Rajasthan, Gujarat and Madhya Pradesh were present in it. In the Mahapanchayat, Khap leaders threatened that if their demands to ban 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. They say that pressure will be exerted 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, homosexual marriages and marriages within the same clan.
Raghubir Nain, head of Benain Khap, says that live-in relationships should be banned. Homosexual marriages should also be banned because even animals avoid it.
He said that the Khap is not against love marriages, but the consent of the parents is necessary in such marriages because no parent wants to harm their children. He said that the Khap is also against marriages within the same clan.
Women 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 effect on society, children and our culture. She said that marriage within the same gotra has destroyed the social fabric. It has also created many genetic problems, which increase manifold after marriage within the same gotra.
Living in a live-in relationship is not a crime
In 2006, the Supreme Court had made it clear in a decision that after attaining adulthood, a person is free to live with or marry anyone.
Live-in relationships were given legal recognition by this decision of the Supreme Court. In this decision, the court also said, ‘It may be immoral in the eyes of some people, but living in such a relationship does not come under the purview of crime.’
However, if a married person lives in a live-in relationship with someone without getting divorced, then it is considered illegal.
Not only this, a woman living in a live-in relationship also has the right to get alimony like a married woman. If a woman is abandoned by her partner without her consent, then she has the right to get alimony as per law. In a case in 2011, the Supreme Court had ruled that a woman living in a live-in relationship has the right to get alimony under Section 125 of the CRPC. And the woman cannot be denied by saying that she did not have a valid marriage.
A child born in a live-in relationship also has a right to 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 to the ancestral property as a child born from a legitimate marriage.
Can one do a love marriage?
The Constitution of India gives every citizen the right to live his life according to his choice. It also gives 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 a boy and 18 years for a girl. After crossing the legal age, a person can marry as per his/her wish.
If 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 a notice to both the parties. If anyone has an objection, he can register it within 30 days. If the objection is found to be correct, the registrar can refuse the marriage.
If there is no objection, the marriage process begins. The marriage takes place at the registrar’s office, for which three witnesses are required.
What is the rule for marriage within the same clan?
There is no law that prohibits marriage within the same gotra. The Hindu Marriage Act prohibits only sapinda marriages, not same gotra marriages.
According to the Hindu Marriage Act of 1955, no Hindu person can marry someone who is within three generations of their relative. Marriage within three generations on the mother’s side and five generations on the father’s side is prohibited.
At the same time, in February 2018, Khap Panchayats were reprimanded for marriage within the same gotra. The Supreme Court had said that when two adults want to get married, a third person cannot interfere. The Supreme Court had said, ‘If an adult man and woman get married, 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
Homosexual marriage is not legally recognized in India. In October last year, the Supreme Court rejected the petitions seeking legal recognition of homosexual marriage.
The constitutional bench of five judges of the Supreme Court had made it clear that the court cannot make laws. It can only interpret them. The job of making laws is of the Parliament. The Supreme Court said that the Parliament and the state assemblies have the right to give legal recognition to homosexual marriage.
However, in February 2018, the Supreme Court decriminalised homosexual relations. Then the Supreme Court repealed Section 377 of the IPC, which criminalised homosexual relations.