Rajasthan High Court Appoints Panel To Probe Illegal Activities Of Khap Panchayats, Social Evils Like Honour Killing, Exorcism, Etc
Noting multiple “social evils” particularly in the western part of Rajasthan which is stated to include social boycotts, alleged illegal activities by Khap Panchayats, caste discrimination, honour killings, taboo against love marriages, exorcisms etc., the high court constituted a 5-member commission to conduct a ground study of various villages.Justice Farjand Ali opined that the issue...
Noting multiple “social evils” particularly in the western part of Rajasthan which is stated to include social boycotts, alleged illegal activities by Khap Panchayats, caste discrimination, honour killings, taboo against love marriages, exorcisms etc., the high court constituted a 5-member commission to conduct a ground study of various villages.
Justice Farjand Ali opined that the issue shall be dealt with in two phases wherein in the first phase, there would be an endeavour to identity the malady, and the in next phase, work shall be done towards eliminating or curbing those evil practices.
“These social evils continue to plague communities, causing immense harm to individuals and hindering social progress. Addressing these issues is imperative for fostering a just and equitable society...It is felt apt to appoint Court Commissioners to thoroughly investigate the ground reality of the situation and this commission shall visit different villages to identify the concerns associated with this issue," it said.
The members of the commission are Mr. Ramavtar Singh Chaudhary, Mr. Bhagirath Ray Bishnoi, Ms. Shobha Prabhakar, Mr. Devkinandan Vyas and Shri Mahaveer Kankariya.
Highlighting the historical social revolutions spearheaded by reformists like Raja Ram Mohan Roy, Jyotirao Phule, Swami Dayanand Saraswati, Swami Vivekanand, and Dr. BR Ambedkar, the court said, "Despite the tireless efforts and sacrifices of these great reformers, it is disheartening to note that several social evils continue to persist in contemporary society. This Court, while acknowledging their invaluable contributions, is of the view that the prevailing social injustices demand urgent and careful attention, necessitating effective legal and social interventions to uphold the principles of equality, dignity, and justice".
The court took note of multiple "malfeasance and social evils" like adverse consequences towards love marriages; social ostracization; severe penalties and fines based on age-old traditions imposed by Khap Panchayats; caste-based discrimination; honour killings; exorcisms; gender-based violence, and Naata Pratha–an informal marital arrangement lacking legal, social stability where the children are left without parental support.
Asking the commission to submit an exhaustive report, the court said that the members of the commission will include four advocates and one social worker as the matter is in the interest of the whole society, making the efforts of a social worker essential. It directed that the members will serve as court commissioners working in coordination with the Superintendent of Police in the affected districts.
It thus directed:
"The Superintendent of Police is expected to provide full assistance to the appointed Commissioners and ensure their security, including armed protection, throughout their visit. The Commissioners shall inspect police stations in the affected areas, engage with the Station House Officers (SHOs), and, if necessary, interact with local authorities such as the Sarpanch, Gram Sevak, and Block Development Officer (BDO) to compile a comprehensive report on the malpractices carried out under the guise of customs and rituals.”
Accordingly, the matter is listed on May 14.
Case Title: Bhaka Ram v State of Rajasthan & Ors., and other connected petitions
Citation: 2025 LiveLaw (Raj) 115
