Key Issues:

The main issues dealt by the court were:

1. Right to select one’s life partner is a Fundamental Right under Constitution of India.
2. Institution of khap panchayat is legally valid or not.

Additional issues which were covered by the case were:

1. Honor killings and violence

2. Role of khap panchayats

3. Inter-caste marriages and social ostracism

4. State's responsibility to protect life and liberty

Contention by the Petitioner:

The petitioner1 gave a brief about the number of honor killing cases in the northern part of India
basically in Haryana, Western Uttar Pradesh, Rajasthan, Jharkhand, Punjab, Delhi, Madhya
Pradesh, Bihar and Himachal Pradesh which have been increased to more than 500 cases by
20162. This is due to pressure by society and institution of khap panchayat. They consider
themselves and law makers in their society and name themselves as ‘panchayat’ so that people
believe them that they have power to punish the wrongdoers and if they ask to boycott a

1
Shakti Vahini v. Union of India, (2018) 7 SCC 1.
2
National Crime Records Bureau, Report on Crime in India
particular family then other people of the society will follow their orders. Khap panchayat
consist of mainly elders male members of the society belonging to a particular caste or religion
who meet to solve the problems relating to their caste or religion group. They pass order in that
meeting if a person marry outside their caste or religion or if they wishes to marry, either to kill
that person so as to maintain their reputation or to leave the society if they do not agree to kill
their family member for the sake of their caste. Therefore measures should be taken by Central
Government and State Government to control and reduce the same3.

Contention by the Respondents:

There were many respondents in this case including:

1. Union of India
2. Ministry of Home Affairs
3. Ministry of Women and Child Developments
4. The State of Punjab
5. The State of Haryana
6. The State of Uttar Pradesh
7. The State of Jharkhand
8. The State of Rajasthan
9. The NCT of Delhi
10. The State of Bihar
11. The State of Madhya Pradesh
12. The State of Himachal Pradesh4

Some of them considered honor killing as murder covered under Section 300 Indian Penal Code,
1860 (IPC)5 and punishable under Section 3026 of the same Act. They proposed to come up with
new legislation to deal with the issue or make amendments in IPC itself. They also considered
the issue to be covered under State Government as the ‘police’ is covered within the List II of the

3
Writ Petition (Civil) No. 145 of 2017 (Supreme Court of India).
4
Shakti Vahini v. Union of India, (2018) 7 SCC 1
5
Indian Penal Code, 1860, Section 300 (murder defined)
6
Indian Penal Code, 1860, Section 302
9th Schedule of the Indian Constitution. The State of Punjab policy focuses more on the
protection of newly married and wedded couples at least 6 weeks from the marriage who feel
themselves in danger. The State of Haryana mentioned that adequate protection has been
provided to the people by virtue of high courts and various district courts also Crime Against
Women Cells is actively working to protect women from every kind of fear. The State of
Jharkhand mentioned that honor killing is not very common in their state still adequate measures
have been taken by the state for the same. The NCT of Delhi mentioned no need for new cell is
required as The Department of Women and Child Development is n action and has also created
plans for the rehabilitation of female victims facing the threat of honour killing and also a
circular - ‘Action to be taken to prevent occurrences of “honour killing”’ has been made public
to educate people for the same. The State of Rajasthan mentioned that they are keeping an eye on
every panchayat. The State of Uttar Pradesh stated that it is the duty of state to protect
Fundamental Rights of every citizen and they are ready to follow every directions which will be
issued to secure peoples right. The State of Bihar stated that they have initiated a scheme of
“National Saving Certificate” under which Rs. 25000 /- will be issued to women performing
inter caste marriage. The State of Madhya Pradesh mentioned that “Crime against Women Cell”
is actively working for the safety and betterment of women headed by Inspector General of
Police and also the state has issued directions to District Magistrate/ Superintendent of Police to
take strict actions in cases of honour killing. The State of Himachal Pradesh stated that no khap
panchayat is operating in the state and no cases of honor killing has been reported in last 10
years.

Judgement:

The court took note of violence against the couple in inter caste and inter faith marriages by khap
panchayat therefore the court directed the state machinery to take preventive as well as remedial
measure to protect such couple who wishes to marry and held Right to Marriage as Implied
Fundamental Right under Article 217 of the Indian Constitution. “When two adults choose each

7
Indian Constitution, art. 21 (Protection of Life and Personal Liberty) and Art. 19 (Freedom of Speech and
Expression, etc.) (implied rights recognized)
other as life partners consensually, it is a manifestation of their choice recognised under Articles
19 and 21 of the Constitution,”8

The Supreme Court issues guidelines to the State Government to strictly check the Villages and
districts, where Khap Panchayat are still working and the cases of honour killing are reported as
the khap panchayats are not recognized by law. States duty is to prevent khap panchayat from
perpetuating violence.

Court also held that honour killings are a slur on society and inter-caste marriages are
Constitutional Rights. Also it is the duty of the state to protect couples from harassment. Police
was issued to register FIRs against those threatening couples including family members and
member of the unrecognized khap panchayat. Also institution of special cells to deal with honor
killing cases was issued by the court.

The court also issued preventive, punitive and remedial measures to save people from such
unrecognized panchayats and their wrongdoings.

Preventive Measures:

1. The Supreme Court issued guidelines to the State Governments to identify

 the districts
 Sub-Divisions
 Villages
Where cases of honour killing is reported or the formation of unrecognized Khap
Panchayats are found, within the last five years.

8
Shakti Vahini v. Union of India, (2018) 7 SCC 1.
 2. Home Department’s Secretary of concerned States shall issue directives to the
Superintendent of Police of the concerned districts to ensure that the officer in charge of
the police stations in the identified areas where any instance of inter-caste or inter
religious marriage are reported within their jurisdiction.9

3. If any Police Officer or District Administration Officer gets any information regarding
Khap Panchayat meeting must immediately inform the jurisdictional Deputy
Superintendent of Police and Superintendent of Police.

4. The Deputy Superintendent of Police must speak with the Khap Panchayat members on
receiving the information of their gathering that such khap panchayat is not recognized
by law and holding of the same is against the law.

5. If still after the conversation with the Deputy Superintendent of Police, the khap
panchayat meeting is still continued and any harm is caused to any couple then all the
members who attend the meeting criminal actions will be brought against them. Also if
any video recording is shown to the concern authority regarding the same then action
must be taken immediately.

6. If the members of the Khap Panchayat do not abide with the Deputy Superintendent of
Police and they gets information that the members of the khap panchayat are going to
cause harm to any couple or their family then they shall immediately submit a proposal to
the District Magistrate or Sub-Divisional Magistrate of the District or Competent
Authority of that area for issuing orders to take preventive steps under the Code of
Criminal Procedure.

7. The Home Department of the Government of India in collaboration with the State
Governments shall take measure to prevent such violence and also to implement the
constitutional goal of social justice and the rule of law guaranteed under our Constitution.

8. Also the Central Government and State Governments should take required preventive
measures to provide safeguard to the people of India.

Remedial measures:
9
Code of Criminal Procedure, 1973, Section 144 (prohibitory orders).
 1. Apart from the preventive measures if any case is reported to the police official he shall
also lodge an F.I.R. under the provisions of the Indian Penal Code (IPC) including
Section- 141,143,503 and 506.10

2. After filling of the F.I.R., notice must be sent to the Superintendent or the Deputy
Superintendent of police, who is then responsible further investigation.

3. The District Magistrate and Superintendent of Police shall provide safety or even safe
homes to the couples or their family within their jurisdiction who feels that their life is in
danger due to any action by khap panchayat. They can also make safe houses at each
district headquarters.

4. If the couple wishes to desire, they can remain in the safe house provided by the police if
they wishes after the wedding for a minimal fee for a period of one month which can be
extended on a monthly basis but cannot exceed one year overall.

5. Additional Superintendent of police shall be appointed by District Magistrate and

Superintendent of Police to investigate regarding the complaint by the couples and must
submit to them the report within a week.

6. Then the F.I.R. will be registered against the person also under section 151 Cr.P.C11. The
members of khap panchayat will also be involved in the same.

Punitive Measures:

1. If the District Officers or Police fails to follow the guidelines intentionally it would be
purposeful misconduct or negligence on their part, departmental actions will be taken
against them within six months.12
2. State shall take disciplinary actions against the concerned officials if:
 They did not stop the incident

10
Indian Penal Code, 1860, Section 141 (unlawful assembly), 143 (punishment for unlawful assembly), 503
(criminal intimidation), 506 (punishment for criminal intimidation).
11
Code of Criminal Procedure, 1973, Section 151 (arrest to prevent the commission of cognizable offenses).
12
Indian Penal Code, 1860, Section 304 (punishment for murder) (contextual relevance for honor killings).
  They had knowledge of the incident beforehand and they did not do anything
 They did not initiate criminal proceeding against the wrongdoer.
3. The State Government will establish Special Cells in each district which will handle
complains of inter-caste married couples.
4. The Special Cells will consist of
 District Superintendent of Police
 District Social Welfare Officer
 District Adi-Dravidar Welfare Officer
5. The Special Cell will be available 24/7 to hear complains, register the same and provide
guidelines and protection as and when needed.
6. The Fast-track court or Designated court shall hear the criminal proceeding related to
honour crime cases against couples. And the trial must finish in six months from the date
of offence recognized.

Conclusion:

SHAKTI VAHINI VS UNION OF INDIA 2018 SC upholds the constitutional values and
consider Right to choose one’s life partner as Implied Fundamental Right under Article 2113 of
the Indian Constitution. It also challenges the societal norms and considered khap panchayat as
not a legal body and which is neither recognized by the law14. And also it is the duty of the state
to protect the citizens.

The court also issued preventive, punitive and remedial measures to safeguard people from the
wrongful act of khap panchayat and made mandatory registration of F.I.R.s under reveleven
provisions under I.P.C.15 Also it is the duty of the state to protect couples from facing threats or

13
Indian Constitution, art. 21 (Protection of Life and Personal Liberty).
14
Indian Penal Code, 1860, Section 141 (unlawful assembly).
15
Indian Penal Code, 1860, Section 503 (criminal intimidation) and Indian Penal Code, 1860, Section 506
(punishment for criminal intimidation).
violence from their own community. Establishment of Special Cells to deal with cases related to
honour killings. States to constitute high level committees to oversee implementations and
monitor district cases.16 Police is guided and trained to handle honour killing cases sensitively.
Also to launch public awareness campaigns to promote inter-caste marriages as done by NCT of
Delhi and the State of Bihar. Also to provide compensation safe homes to victims of honour
killings. Lastly to regularly review and monitor the cases of honour killing by khap panchayat.

16
Code of Criminal Procedure, 1973, Section 151 (preventive action).