The Hindu : National : AIDWA takes `gotra' case to NHRC

Online edition of India's National Newspaper
Wednesday, Oct 27, 2004

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National

AIDWA takes `gotra' case to NHRC

By Aarti Dhar

IN THE NAME OF GOTRA: Rampal of Jhajjar district in Haryana, forced by the village panchayat to separate from his wife to protect `gotra,' addressing a press conference, in New Delhi on Tuesday. - Photo: V. Sudershan

NEW DELHI, OCT. 26. The All India Democratic Women's Association (AIDWA) has sought the intervention of the National Human Rights Commission (NHRC) to check the growing activities of some "self-styled" caste panchayats.

AIDWA hopes this will lead to preventive measures to stop "unacceptable" decisions by the caste panchayats and eventually result in legislation to deal with such crimes.

There is a possibility that the NHRC may constitute a committee to look into some of the recent decisions of caste panchayats, which are not socially acceptable.

The move to take up the matter with the NHRC was prompted by the recent case in Assanda village in Jhajjar district of Haryana where a couple — Rampal and Sonia — married for two years are being forced to declare themselves brother and sister to "protect" their `gotra.' Sonia is pregnant and the two had married of their own choice.

On October 11, the Assanda village panchayat issued a diktat declaring that the two should annul their marriage and declare themselves brother and sister as they belonged to the same `gotra'. The village panchayat made Rampal sign an agreement to this effect after threatening him and his family with dire consequences if he refused to accept the panchayat decision.

Forced to divorce

Talking to reporters here today, Rampal said he had been forced to sign the divorce papers and accept Sonia as his sister by Naresh Sharma, the sarpanch of a neighbouring village and his associates. The sarpanch, who led the group to Sonia and Rampal's house, had informed them about the `panchayat fatwa' and threatened to kill Rampal and his family if he did not comply.

"Since the threats were severe, my relatives also compelled me to accept the decision in the interest of the community," he said.

Rampal's sister, Sheila, said that when Sonia had refused to accept the decision, she was abused and manhandled by the sarpanch.

No action taken

No action has been taken against the guilty nor has any case been registered, the AIDWA general secretary, Brinda Karat, told reporters.

"Women are the worst victims of these retrograde `fatwas', which include `honour killing' and lynching as in Muzaffarnagar, throwing out the concerned family from the village and taking possession of property, social boycotts and monetary fines. There are no laws in the country to deal with such caste panchayats, which is why they are emboldened to continue extra judicial harassment," Ms. Karat said.

In 2003, the Rajasthan Human Rights Commission had appealed to the Jodhpur High Court to take cognisance of caste panchayat-committed crimes and to ban implementation of all their anti-Constitutional decisions.

Pray for direction

"We are unaware of any orders issued on the petition which, however, is extremely valid, appropriate and urgent. We believe that if the NHRC could initiate a case in the Supreme Court on various aspects of the issue and pray for clear directions to arrest and prosecute the caste panchayats, it will not only bring a much-needed focus to the issue but may also move the authorities into taking preventive steps as also enacting legislation to deal with this specific type of crime,'' the AIDWA said in its appeal to the NHRC.

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