Khap Panchayats rally for legal sanctity after HC's suo motu push. ‘We're backbone of rural justice'

The Print

06-07-2025

The high court bench, comprising Chief Justice Sheel Nagu and Justice Sumeet Goel, initiated the PIL on 1 July, 2025, to address the non-implementation of Chapter X of the Mediation Act, 2023, particularly Sections 43 and 44, which provide for community mediation to resolve interpersonal disputes such as those between neighbours, families, and communities.
The meetings are spurred by the Punjab and Haryana High Court's suo motu Public Interest Litigation (PIL) seeking responses from the Centre, the governments of Punjab and Haryana, and the Chandigarh administration on integrating traditional institutions like Khap Panchayats into the legal framework for community mediation under the Mediation Act, 2023.
Gurugram: In a significant development in Haryana, several Khap Panchayats across the state have convened urgent meetings in districts like Rohtak, Jind, and Hisar over the past week, where their leaders have sought to secure legal sanctity for their decisions.
During the proceedings, Chief Justice Nagu emphasised the potential of community mediation, stating, 'Community mediation holds significant potential for resolving interpersonal disputes, such as those between neighbours, families, and communities. Despite being highly effective in delivering inexpensive and speedy resolution of disputes at the grassroots level, community mediation has not been enforced so far.'
The court suggested that formalising Khaps' role under the Mediation Act could transform them into effective mediators, provided their practices align with constitutional norms.
The Bench noted that, 'The Khap Panchayats in the rural Haryana exercise significant social influence within the community they represent and exercise a form of social governance in their respective areas.'
The court directed the states, Union Territory, and the Centre to file their responses by 5 August 5, when the matter is next scheduled for hearing.
Also read: After success in metros, SC panel & NALSA working on module to train community mediators in villages
Demand for legal sanctity
The high court's initiative has galvanised Khap Panchayats, with leaders viewing it as a historic opportunity to formalise their dispute resolution mechanisms.
In Rohtak, the Phogat Khap held a large gathering on Wednesday, where leaders unanimously demanded legal recognition for their decisions.
Kitab Singh, a senior leader of the Phogat Khap, told The Print, 'Giving legal responsibility to Khap Panchayats is a commendable step. Our decisions are rooted in community consensus and aim to maintain harmony. Legal recognition will strengthen our ability to resolve disputes peacefully and swiftly.'
He highlighted Khaps' historical role in resolving disputes over land, marriage, and social conflicts, often preventing escalation to formal courts.
In Jind, the Kandela Khap convened a meeting on Thursday. The Kandela Khap chief, Tek Ram Kandela, told ThePrint Friday, 'For centuries, Khap Panchayats have been the backbone of rural justice, settling disputes with fairness and community welfare in mind. The high court's move is a chance to formalise our role, ensuring our decisions carry legal weight while respecting constitutional values.'
In Hisar, the Satrol Khap echoed similar sentiments, with its chairman Satish Chander noting while speaking to ThePrint, 'We welcome the court's initiative. Our mediation practices are community-driven, and with legal backing, we can bridge the gap between traditional and modern justice systems.'
He said that during its meeting the Khap has also called for clear guidelines to ensure Khap decisions align with constitutional principles, particularly on issues like gender equality and fundamental rights.
The high court's PIL has sparked a debate on integrating traditional institutions into India's legal framework.
The move raises concerns about aligning traditional authority with constitutional norms.
P.K. Sandhir, a noted criminal lawyer from Haryana, said Khap Panchayat is a very loosely defined term in Haryana and hence it would become difficult to say which panchayat is Khap and which is not.
'There are Khaps representing a particular caste. Also, there are Khaps representing a group of villages. We have often seen in disputes where couples have married of their will against the families, the Khap from where the girl belongs comes out with one edict while the one from where the boy belongs has an altogether different decision,' he told ThePrint.
He further said that giving legal sanctity to the Khap Panchayats would also amount to usurping the powers of the legislature.
'When the legislature has passed the Mediation Act, 2023, and included a chapter on community mediation, they must have had something in mind on what they meant for the community in the Act. Let the government come with the rules and say what did the legislature meant by community mediation. Even if they meant including Khaps, the question is whether the legislature would like to give this task entirely to the Khap Panchayats or just include one or some members in the community mediation set-ups,' Sandhir said.
Ramesh Dalal, president of the Dalal Khap, however, said that medition was the basic role of the Khap Panchayats for ages and they should be given legal sanctity.
'Khap Panchayats have been unduly demonised as Talibani bodies by Haryana in certain controversial cases, particularly of honour killings, without going into the details. The fact of the matter is that Khaps give decisions based on consensus,' Dalal said.
Controversial legacy of Khap Panchayats
While Khap leaders advocate for legal recognition, their past decisions have often drawn criticism for clashing with constitutional values.
Khap Panchayats have been associated with controversial rulings, including demands for bans on live-in relationships, opposition to inter-caste and same-gotra (clan) marriages, and enforcing social boycotts against individuals or families deemed to have violated community norms.
In March this year, the Banian Khap that met at Danoda village of Haryana had given a call for social boycott of 'live-in' couples in the presence of a minister Krishan Bedi.
In another instance, the Sangwan Khap led by Independent MLA Sombir Sangwan had ordered 'Hukka-Paani Band' (ostracisation) of nine families in Charkhi village of Haryana in July 2023 for 'disobeying' the Panchayat's edict of not sowing paddy in the village.
(Edited by Viny Mishra)
Also read: Khap calls for 'social boycott, ban' on live-in relationships in Haryana minister's presence