Parties Who Defy Traditional Norms Cannot Be Subjected To Unlawful Boycotts And Punishments: Rajasthan High Court Constitutes Commission To Investigate

A Single Bench of Justice Farjand Ali remarked, “This Court has observed numerous instances of like nature, particularly in western Rajasthan, including Jodhpur Rural, Barmer, Jaisalmer, Jalore, Nagaur, and Pali, where Khap leaders impose social boycotts and fines on those who do not adhere to village rules and fail to conform to their mindset and beliefs.”

The Court added, “Prevailing social injustices demand urgent legal and social interventions to uphold the principles of equality, dignity, and justice.”

The Petitioners were represented by Advocate Arjun Singh, while Deputy Government Advocate Vikram Singh Rajpurohit appeared for the Respondents.

The Bench, taking note of the issue of Khap Panchayats imposing severe penalties and fines based on age-old traditions, and enforcing outdated customs on modern societal issues, stated, “This deep-rooted social stigma against love marriages, where Khaps impose unlawful and discriminatory sanctions, ultimately violates the fundamental rights of individuals.”

The Bench also addressed gender-based violence and forced marriages, observing that "In many villages, families resort to coercion, emotional pressure, and even physical violence to prevent individuals from marrying outside their caste or community." It held that such practices reinforce feudal mindsets and deprive individuals of their autonomy.

Another grave issue the Court took notice of was the practice of exorcism and branding women as witches, stating, "It has been observed that individuals, predominantly women, are irrationally blamed for misfortunes and subjected to inhumane treatment, including branding, shackling, and even sexual exploitation under the garb of exorcism." The Court strongly condemned such acts, holding that they amount to torture and gross violations of human rights.

Commenting on the practice of Naatha Pratha, the Bench expressed serious concern for the welfare of the children falling victim to this practice, it stated, “The social evils are not only limited to ostracizing the poeple who gets involved in love marriages or who defy to follow the rules laid down by the Khaps but there are other issues also existing in the areas near Rajasthan where the children have been left without parental support due to Naata Pratha which is an informal marital arrangement that lacks legal or social stability and as a result of these unstable relationships, many children lose both maternal care and paternal guidance which is important for a child and leaving them vulnerable to an uncertain future is nothing but a gross violation of children's rights. This Court feels that legal intervention is needed to protect the welfare of these children and to address the broader implications of Naata Pratha.”

In light of these concerns, the Bench formed a Commission to thoroughly investigate the ground reality, visit various villages, and identify the key issues. The Court further stated that the Commission would include:

i. Mr. Ramavtar Singh Chaudhary

ii. Mr. Bhagirath Ray Bishnoi

iii. Ms. Shobha Prabhakar

iv. Mr. Devkinandan Vyas

v. Shri Mahaveer Kankariya

The Court directed the Commissioners to submit a detailed and exhaustive report and further instructed the Petitioners to assist them in their duties.

The matter is listed on May 14, 2025.

Cause Title: Bhaka Ram v. State of Rajasthan & Ors. (S.B. Criminal Misc (Pet.) No. 1306/2025)

Appearance:

Petitioner: Advocates Arjun Singh, Divik Mathur, Bhagirath Ray Bishnoi

Respondents: Deputy Government Advocate Vikram Singh Rajpurohit; Additional Government Advocate Ravindra Singh

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