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Khap Panchayat: Informal Vs Formal Justice




Thejah Senthil Kumar, VIT Chennai

ABSTRACT

The Khap Panchayat provides the village residents with informal justice and serves as their "custodian of honour." Because the informal justice they provide frequently violates the country's constitutional provisions and infringes on the rights of ordinary citizens, both the informal justice and formal justice-providing bodies stand in opposition to one another. The illegal acts and barbaric decisions of informal justice providers. It is only feudal and patriarchal in nature, and the elderly members of khap panchayats who provide this informal justice deserve harsh punishments for breaking the law because they take the law into their own hands and create kangaroo courts, which are totally illegal. Kangaroo courts are nothing more than those that administer justice using illogical and unfair procedures; they receive no support from the government and are in direct opposition to one another. As a result of the Khap Panchayat's actions, they are also included in the kangaroo courts.

The Supreme Court recently ruled that the khap panchayats' actions are illegal in the case of honour killings that they promote in the name of preserving their culture and traditions. The court also ruled that the khap panchayats cannot prevent consenting adults from marrying each other if they are from different castes, clans, or villages.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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