SC Slams Khap Panchayat For Punishing Couple For Falling In Love. Why Is Loving A Crime Even today?

In a recent judgement, Supreme Court slammed 11 members of UP’s Khap Panchayat for punishing a couple because they fell in love. The court ruled that it is a crime to punish someone for falling in love.

The case in question is of March 1991 when three youth were hanged to death by Khap Panchayat in Mathura District of Uttar Pradesh which included a boy and a girl who eloped to start a life together. Reportedly, the Khap Panchayat tortured the three youths, burnt the private parts of the boy and asked their parents to hang them to death.

The case raises three important questions. The first is how cruel can society be towards men and women who dare to transgress the norms of society? And if the case happened in 1991, have things even changed since then? Secondly, why is loving a person of our choice seen as transgression, immoral and punishable? And lastly, will the supreme court’s judgement give us a way out of this toxic social norms and judgements?

Also Read: Should We Always See Marriage As A Constraint?

Things Haven't Changed.

First things first, even if the case happened in 1991, many people in India would still relate with the harsh judgements that society passes on people for falling in love against their parents’ choice. Just two days ago, a Sydney-based Sikh woman opened up about being disowned by her parents for loving and marrying a man of a different culture, caste and religion. Just six days ago, a couple was shot dead in Rohtak by the girls’ kin because they wanted to marry against the family’s choice.

According to NCRB data, love affairs has been the biggest murder motive in India between the year 2001 and 2017. States like Andhra Pradesh, Maharashtra, Gujarat among others reported the highest number of murders because of the love affairs. So clearly, even today loving a person of your choice is seen as a dangerous act that might make you susceptible to murders, honour killings or mass killing as in case of Khap and tribal panchayats.

Why Is Loving A Crime?

Love and romance in India is a zone of moral, religious, caste and familial conflict. One of the major reasons why love is seen as blasphemous is the taboo around sex and sexuality that never gives a language to physical and emotional desires. Love and sex are seen as legitimate only after marriages arranged by the families. Otherwise, it becomes a moral crime that tarnishes the character of the couples and their families.

This in turn means that society perceives an individual as a part of the family, community and its regulations. It never allows a person, whether man or woman, to exercise a choice that is against the traditions to which he or she belongs as it will offend its sanctity. Often, it is not even about inter-caste or inter-culture relationships. Just the idea of making a choice that is against one's family and tradition is a mistake as grave as a crime.

Why should the freedom to love be dictated by morality and tradition? Why should it be a crime when it is the right of every citizen in India to love and live with dignity? The question of whom to love or marry is supposed to be a private matter. Who gives the social norms the freedom to invade our privacy and dictate our choices? Isn't that a crime? Why should society solidify its ideas of tradition and morality by restricting the personal freedom and choices of people?

SC's Judgement A Way Ahead?

The Supreme Court’s judgement is undoubtedly a positive step in changing the narratives around love and freedom. But its efficacy is still doubtful. Ideally, every section of the society must follow laws and judgements of the constitution and court. But the reality is always the opposite. People in India follow the rules and regulations that are dictated by the society which is still divided on the basis of caste, religion and gender. Which is the reason why caste discrimination, child marriage, dowry, domestic violence and honour killing are still prevalent despite being unlawful.

Although the case in question is about the Khap panchayat of 1991, the panchayat exists even today and is in news for passing regressive judgements and comments. In Haryana, the Khap Panchayat said that women should marry early so that they don’t get raped. While a Khap Panchayat of UP ruled that women must not carry mobile phones, wear jeans or other western attires. Moreover, the politicians and police who are supposed to be the guardian of laws and democracy easily get away by making sexist and hate speeches. Furthermore, in homes, parents keep a check on their children's love life and even punish them for falling in love.

Then, how can we be assured that the next rulings of the court in the favour of the freedom to speak, love and live will translate into reality? Can freedom be ensured if powerful people still feel free and entitled to perpetuate patriarchy and govern our choices?

Views expressed are the author's own

Also Read: Why Do Indian Parents Prioritise Caste, Religion And Culture Over Love?