Saturday, April 23, 2011

A STEP FORWARD--S.COURT DESCISION ON KHAP PANCHAYATS

Out dated Khap Panchayats want to reestablish themselves
For quite long time, Gotra Khap  panchayats,which are different from the traditional  all inclusive khaps panchayats which were for a geographical area  and women and dalit inclusive, in Haryana have been defying the spirit of Indian constitution and had been disrespecting  it on various issues around disputes of different Gotra Marriages in Haryana.  The issue has been inflated in form of same gotra marriages crisis knowingly to hide the irrationalities coducted from time to time. The traditional Khap panchayats  would recruit thousands of women in their military . The dalits and other caste people would be their senapati’s. The Sarv Khap (or all Khap) Panchayat (council) represented all the Khaps and all the people men and women irrespective of caste and creed.  The individual Khaps would elect leaders who would send delegates, who would represent the Khaps at the Sarv Khap level. It was a political organization, composed of all the clans, communities, and castes in the region.May be a meaningful role might have been there of these Panchayats in those days. But in present cotext their evaluation and critique will be aroun their present composition and interventions. I could not find out the written documents , but three Panchayats (Nature I cannot define whether Khap or Gotra Panchayats these were) I hear about are A panchayat in Barona in 1911on Education in Haryana , then a Panchayat in sixties in Sisana regarding marriages over expenses etc. and then a people’s revolt in Pipli against forced family planning autrocity. During emergency period. But if we take the account of last 20 years or so then the situation is full of controversies like Jaundhi, Assanda, Nayabas, Ladawas, Badhra, Dharana , Kavita and many more where the interventions by these Panchayats had been self damaging and invited criticism of the civic society as well. New addition is there now that of the marriages in same gotra and to meet out this serious situation amendment in the Hindu marriage act. This is after a punishment descision by Karnal Session Jude in Manoj babli case. In he honour killing cases there is not any statement by these social Panchayats to condemn these killings. Actually honour killing is also taking place in areas where tradition of Khap panchayats had not been there like Punjab and other states like jharkhand. Basically it is the mind set of patriachal and feudal thought process which exists in all socities and very strongly in the areas where these Khap Panchayats are operating.Directly many instances can be quoted or indirecly by mounting a pressure of ‘gam ki izzat’ or ‘honour’of the community the family members are compelled to murder their kith and kin adopting  many ways.   
The self styled gotra panchayats have been playing as a parallel legal body to punish newly married couples in Haryana in form of breaking the marriages and making the husband and wife to be brothers and sisters.I can say strongly that in khap geographical areas majority of the youth (boys and girls)donot like to marry in same gotra.We appeal our elders not to be harsh on their sons and daughters if they do something which elders donot like.  The recent happenings and news items are further testimony to these unfortunate incidents. This is very painful and hurting that the civic society is not in a position to counter these unwanted interventions  and heinous crimes in society of Haryana. First thing which is preached by these beloved senior citizens (Bujurgs) is that we should respect out ‘Parampara’ and villages of Haryana cannot be made America.Genuine and relevent Paramparas should be respected and carried in day today life. Parampara of our saheeds like Bhagat Singh to make highest sacrifices for the uplifment of the society really needs to be followed. As far was our Parampara in concerned, Raja Nal Damyanti Kissa is very famous here in Haryana. A swayambar was organized where Damyanti was free to choose her husband. She chose Raja Nal then  why the girls and boys of Haryana are not allowed to exercise this choice now ? In our Kabilas, there used to be group youth marriages in older times. In many of the Kabilas, the mother dominated family parampara was there but who broke that Parampara.? In the beginning in the tribe the marriage within the tribe was a custom which continues even now at some places. But later on there was a change in the custom not to marry in the same tribe. This was not done under banner of any Panchayat in those days.(Not documented as far as I know)  Similarly in our parampara Heer/Ranjha, Soni-Mahiwal and so many other love stories are very popular. In other words ‘love’ has been part and parcel of our parampara. Satyavan- Savitri Kissa is also there where Savitri fought with yamdoot ( for freedom of woman). Why in today’s life the love of inter case marriages, love of marriage between Kadian boy and Gehlaut girl  is being hanged under the name of Parampara in Haryana ? Earlier “Nai”used to go to fix the marriage. It was our Parampara. Why not now? Earlier there would be 3 days marriage. It sliped to one and half days and now only few hours matter on the same day. Why this change in the Parampara? Earlier we used to leave Gotra of ‘Nani’, ‘Dadi,’ Father and Mother. But we donot consider Gotra of Nani any more. Why we have betrayed our Parampara? Who have betrayed ? There is no betrayal , it is demand of the time to change.Now People have with their experience come to the conclusion that the Gotra of Dadi is also a problem to finalise the marriage and this is also not considered at many places. Parampara was there that we used to respect our elders with core of our heart. Do we do now also?Why we are not serious about many of our such Pramparas any more.? At many places Bhaichara gotras are also not considered while deciding about marriage. We used to cut the Placenta with an junked Iron knife as an parampara. But  when we came to know that this is causing Tetanus in Children., we left this PRAMPARA. In our custom we had “Rabri”as a diet. But where is Rabri now? Similarly Ghunghat and Ghaghra are our customary dresses. Why women folk of  rural areas  donot wear Ghaghra and why they themselves donot wear Khadua and Dhoti.? There is an endless list of customs which we used to follow earlier but donot follow now. Why? Let us think over it.It is not the dictat of America but it need of the developing civic society. As far as question of American culture is there, there are many good points in that also. But where is the need of bringing degeneration of that culture here.? We already have degenerated culture in our villages where innocent girls are being exploited by their family members, their neighbour, their village people. But these so called social reformers of samaj  never came against this domestic violence against women in Haryana villages. Rather they blame the women folk for this degenerative culture and come to the rescue of offenders in such cases. These reformists never came against Selective Female Foeticide. Every house in Rural Haryana drinking (daru) has made enteries may be one or more persons may not be taking alcohol in that house. But these reformists have never had a campaign against “Daru”. Peasants are doing suicides because of economic crisis. We seldom take note of that. On the other hand, our own culture of Haryana is very rich in various paramparas regarding marriages in various native Haryanvi communities where lot of flexibility is present when love marriage issue arises between boy and girl  and also about the aberrations of the same castes and same gotras  marriage. There is Baniya community in Haryana which has deep cultural roots here. Similarly Brahmins are there which are very strong part and parcel of Haryanvi culture. In both of these communities there is great flexibility in marriage rituals in such aberration situations.  Let us go into a bit detail of the same. Suppose in Baniya community, if the boy and girl are from the same gotra say both are singla and they want to marry. They are not encouraged to marry by both the families in first instance. But if the boy and girl persist and insist for the marriage, then there is flexibility in this community. The girl will adopt the gotra of mother and the boy and girl marriage will be solemnized. There is no tradition or parampara of honour’  killing of these couples. I know many of my colleagues in this community where such marriages have taken place. Similarly in Brahmins, the ‘parampara’ had been to give space to such marriages where boy and girl are from the same gotra more or less in the same way as the Baniyas.Bhardwaj boy and bhardwaj girl love marriage is solmonised by changing ‘shashan’ Then among jats cannot the aberration be dealt with by giving another gotra to the girl. The parents of the boy should not be harrased at all. Or there can be many more flexible ways to deal with such aberrations. The same phenomenon without any reservation has been since long amongst the Punjabi community. The marriages with first cousin or second cousin are very common. The people of this section of our society are big ‘Thekedars’ of our ‘Hindu Sanskriti’ and ‘Hindu Paramparas’ .Haryanvi culture and paramparas are part of this. I cannot quote any study showing significant increased congenital abnormalities in this community amongst first cousin couples. Empirically also with an experience of 25 years in surgical practice, I can say that there does not seem to be much difference in first cousin couples of this communities regarding congenital deformities. In Muslim NRI’s in America and other countries, there are studies regarding congenital abnormalities in first cousin marriage couples which reveal that about 2.6% more congenital abnormalities are there. Many of the scientists have said that on basis of this data, first cousin marriages should not be discouraged. In our village context, if at all the marriage in same gotra in same village takes place, it would be practically in 3rd or 4th Peedhi or even more distant peedhi (Marriage in same gotra from other village would have difference of even much more peedhis). Hence, we may say that chances of congenital abnormalities would be even less than first couple marriage abnormalities in muslims (2.6%). Moreover, there is no scientific study regarding congenital defects in these marriages of this type of couples because there are hardly any marriages of this nature which escape the brutal eyes of rural communities and are alive. Hence to comment either way to call the opposition of Gotra marriages having a scientific bases or other way round is a non scientific approach. There are many villages in Haryana, where majority gotra is not left for marriages. SAMCHANA village is a glaring example of this category of villages where more than 15 Jat gotras exist and the girls from any of these gotras from other villages are allowed marriages in Samchana amongst other gotra. For instance, the majority gotra in samchana is ABC and it is permissible to arrange a marriage of ABC girl from other village with boy of existing gotras in samchana like XYZ and MNO. Is it a village which has been implanted from American culture? Another such example is village Guga Heri in which lot of Dalal families are there. From Mandhothi (a Dalal village) many girls are married in Guga Heri in other gotra families. In Dharana case, there was a news-item – “Shilpa should we call you Beti or Bahu? ”. I would request Dharana village people to go to Guga Heri or visit Samchana and try to find a solution for this gravely disheartening situation. I call all logically thinking intellectuals of Haryana to collect data of such villages and let the Dharana people know about it. Then the issue of Dharana case raised in name of our Parampara becomes ridiculous and irrelevant within the premises of Khap Panchayats, even not to take reference of other civic society parameters. There will not be any explanation if still these so called panchayats say that no Dharana village paramparas are special villages specific and they have nothing to do with other villages of Haryana. Similarly there are villages in Haryana like Chautala village where marriages are socialized in the same villages. Late Ch. Devi Lal belonged to this chautala village. Then why these Khap panchayats did not issue a FATWA against his village? Chautala is not a single village to name, there are many villages in that area. Moreover one more thing can be inferred here is that these so called panchayats are selective in their targets. High ups and people with strong base, these panchayats hardly target. The fact is that these so called Khap panchayats are doing immoral, antisocial, anti constitutional, and criminal work which should be strongly condemned by the civic society of Haryana and the different institutions of political, social, administrative and legal area should take serios cognizance of this heinous crime. The people at large and youth in particular will have to come to defend these marriages and oppose khap panchayat FATWA sooner or later. R.S.Dahiya ng the High court orders. The recent happenings and news items are further testimony to these unfortunate incidents. This is very painful and hurting that the civic society is not in a position to counter these ‘Fatwas’ and heinous crimes in society of Haryana. First thing which is preached by these so called panchayats is that we should respect out ‘Parampara’ and villages of Haryana cannot be made America. As far was our Parampara in concerned, Raja Nal Damyanti Kissa is very famous here in Haryana. A swayambar was organized where Damyanti was free to choose her husband. She chose Raja Nal , why the girls of Haryana are not allowed to exercise this choice now ? In our Kabilas, there used to be group youth marriages in older times. In many of the Kabilas, the mother dominated family parampara was there but who broke that Parampara.? Similarly in our parampara Heer/Ranjha, Soni-Mahiwal and so many other love stories are very popular. In other words ‘love’ has been part and parcel of our parampara. Satyavan- Savitri Kissa is also there where Savitri fought with yamdoot (freedom of woman). Why in todays life the love of inter case marriages, love of marriage between Kadian boy and Gehlaut girl and love of same gotra is being hanged under the name of Parampara in Haryana ? As far as question of American culture is there,thereare many good points in that. But where is the need of bringing degeneration of that culture here. We already have degenerated culture in our villages where innocent girls are being exploited by their family members, their neighbour, their village people. But these so called panchayats never came against this domestic violence against women in Haryana villages. Rather they blame the womenfolk for this degenerative culture and come to the rescue of offenders in such cases.These Panchayats never came against Selective Female Foeticide. Every house in Rural Haryana daru has made enteries may be one or more persons may not be taking alcohol in that house. But these khap Panchayats have never had a campaign against “Daru”. Peasants are doing suicides because of economic On the other hand, our own culture of Haryana is very rich in various paramparas regarding marriages in various native Haryanvi communities where lot of flexibility is present when love marriage issue arises between boy and girl of the same castes and same gotras or intercaste marriage. There is Baniya community in Haryana which has deep cultural roots here. Similarly Brahmins are there which are very strong part and parcel of Haryanvi culture. In both of these communities there is great flexibility in marriage rituals. Let us go into a bit detail of the same. Suppose in Baniya community, if the boy and girl are from the same gotra say both are singla and they want to marry. They are not encouraged to marry by both the families in first instance. But if the boy and girl persist and insist for the marriage, then there is flexibility in this community. The girl will adopt the gotra of mother and the boy and girl marriage will be solemnized. There is no tradition or parampara of ‘fatwas’ for killing of these couples. I know many of my colleagues in this community where such marriages have taken place. Similarly in Brahmins, the ‘parampara’ had been to give space to such marriages where boy and girl are from the same gotra more or less in the same way as the Baniyas. The same phenomenon without any reservation has been since long amongst the Punjabi community. The marriages with first cousin or second cousin are very common. The people of this section of our society are big ‘Thekedars’ of our ‘Hindu Sanskriti’ and ‘Hindu Parampars’ .Haryanvi culture and paramparas are part of this. I cannot quote any study showing increased congenital abnormalities in this community amongst first cousin couples. Empirically also with an experience of 25 years in surgical practice, I can say that there does not seem to be much difference in first cousin couples of this communities regarding congenital deformities. In Muslim NRI’s in America and other countries, there are studies regarding congenital abnormalities in first cousin marriage couples which reveal that about 2.6% more congenital abnormalities are there. Many of the scientists have said that on basis of this data, first cousin marriages should not be discouraged. In our village context, if at all the marriage in same gotra in same village takes place, it would be practically in 3rd or 4th Peedhi or even more distant peedhi (Marriage in same gotra from other village would have difference of even much more peedhis). Hence, we may say that chances of congenital abnormalities would be even less than first couple marriage abnormalities in muslims(2.6%). Moreover, there is no scientific study regarding congenital defects in these marriages of this type of couples because there are hardly any marriages of this nature which escape the brutal eyes of rural communities and are alive. Hence to comment either way to call the opposition of Gotra marriages having a scientific bases or other way round is a non scientific approach. There are many villages in Haryana, where majority gotra is not left for marriages. SAMCHANA village is a glaring example of this category of villages where more than 15 Jat gotras exist and the girls from any of these gotras from other villages are allowed marriages in Samchana amongst other gotra. For instance, the majority gotra in samchana is ABC and it is permissible to arrange a marriage of ABC girl from other village with boy of existing gotras in samchana like XYZ and MNO. Is it a village which has been implanted from American culture? Another such example is village Guga Heri in which lot of Dalal families are there. From Mandhothi (a Dalal village) many girls are married in Guga Heri in other gotra families. In Dharana case, there was a news-item – “Shilpa should we call you Beti or Bahu? ”. I would request Dharana village people to go to Guga Heri or visit Samchana and try to find a solution for this gravely disheartening situation. I call all logically thinking intellectuals of Haryana to collect data of such villages and let the Dharana people know about it. Then the issue of Dharana case raised in name of our Parampara becomes ridiculous and irrelevant within the premises of Khap Panchayats, even not to take reference of other civic society parameters. There will not be any explanation if still these so called panchayats say that no Dharana village paramparas are special villages specific and they have nothing to do with other villages of Haryana. Similarly there are villages in Haryana like Chautala village where marriages are socialized in the same villages. Late Ch. Devi Lal belonged to this chautala village. Then why these Khap panchayats did not issue a FATWA against his village? Chautala is not a single village to name, there are many villages in that area. Moreover one more thing can be inferred here is that these so called panchayats are selective in their targets. High ups and people with strong base, these panchayats hardly target. The fact is that these so called Khap panchayats are doing immoral, antisocial, anti constitutional, and criminal work which should be strongly condemned by the civic society of Haryana and the different institutions of political, social, administrative and legal area should take serios cognizance of this heinous crime. The people at large and youth in particular will have to come to defend these marriages and oppose khap panchayat FATWA sooner or later.
 R.S.Dahiya

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