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This is an archive article published on July 10, 2013

Khaps: Supreme Court asks Centre to make stand clear

Law Commission has drafted a legislation to regulate khaps and bring their diktats under a legal regime.

The Supreme Court Tuesday asked the Centre to make its stand clear on the draft legislation recommended by the Law Commission to regulate khap panchayats and bring their diktats under a legal regime.

Expressing its displeasure over oral submissions by the government,a Bench of Justices C K Prasad and Ranjana P Desai said the court required a specific stand by them regarding the proposed bill by the Law Commission in 2012.

“Why don’t you file an affidavit and make your stand clear on the issue? You say as to what action you propose to take on the Law Commission’s report. We understand it is for the legislature to take a decision whether to have a separate law or to amend the present law but your stand must be made clear,” said the court.

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The court,which was hearing a PIL of NGO Sahakti Vahini seeking a direction to the government to take action against khap panchayats for allegedly harassing and killing couples,gave six weeks time to the Centre to file an affidavit.

The order came after Additional Solicitor General Indira Jaising,appearing for the Centre,said the matter was still debated at the Joint Secretary-level on whether there was a need to have a separate legislation or if the purposes could be achieved by amending certain provisions in the IPC. She conceded that the issue was yet to reach Parliament and no decision had been taken so far.

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