With pressure mounting and the top court in the country asking the Centre and state governments on the steps taken to prevent killing of young couples in the name of honour at the behest of self-styled khap panchayats,the Union Ministry of Home Affairs (MHA) has proposed stricter clauses in the recently-finalised law on honour killings. The MHA,which was earlier proposing changes to the Indian Penal Code,Indian Evidence Act and Special Marriages Act to allow strictest-possible penal action against khap panchayat members if their illegal acts resulted in the death of any person,now wants to punish them even if their actions dont result in death. Simply put,the MHA intends to arm law enforcement agencies with the power to arrest and act against leaders and members of khap panchayats if they indulge in social boycott of anybody who they the believe has brought dishonour to a family or clan or community or caste. Also on the cards is the provision for stricter punishment if these persons harass,parade naked,hurt,beat,declare as outcast,order to leave the village,stop water or ration supply,etc,to any person or persons who they accuse of having acted against prevailing customs of the village of khap. An officer of the Ministry of Law told The Indian Express that the MHA has already written to the Ministry,asking that the proposed changes to the law be redrafted. It is learnt that Union Home Minister P Chidambaram and Law Minister M Veerappa Moily have also held discussions on the matter and both agreed that unless harassment and use of force is made a penal offence under the proposed law,khap panchayats will continue to take the law into their hands,especially since most state governments have shown little inclination to rein them in. We will send the redrafted version to the MHA later this week. The same could then be circulated to the states for their comments if the MHA so decides. But from what we have been told,the government is keen to bring in the changes at the earliest, sources said. Sources in the MHA said the Ministry is not too keen to wait for the comments of state governments as it could needlessly delay the legislation. We are more or less aware of the feelings of the state governments on the subject of khap panchayats, a MHA functionary said. Under the proposed law,members of the khap panchayats or the victim(s) families,if their action results in the death of the person or persons who they feel went against the tradition or wishes of the khap,will be punishable with the sentence of death or life imprisonment. In such cases,the entire panchayat will be held responsible. More importantly,the proposed law puts the burden of proof on the accused,thereby making them responsible to prove their innocence in the event of death taking place due to their actions. Among other things,the MHA intends to add a clause to Section 300 of the IPC. Section 300 deals with the crime of murder,the maximum punishment for which is death and/or a fine. It also wants to amend the Indian Evidence Act and the Special Marriages Act,1954,which would do away with the provision for the mandatory 30 days notice period for marriages intended to be solemnised under this Act.
