People's Democracy

HARYANA SELF-STYLED PANCHAYATS

Need For A New Social Reform Movement

Inderjit Singh

HARYANA is yet again in the news, once again for the wrong reasons. A conservative and idiotic decision of a self-styled caste panchayat gives an impression that there is no respect for the rule of law in the state. The directive issued by the panchayat to dissolve a legal marriage has generated debate in media and other forums. While joining this debate, it has become imperative to establish that the image which gets projected of Haryana is not its representative image. That is why it is also essential to etch an alternative real image.

The anger displayed in various ways against Assanda village episode of Jhajjar district has been noted to be the widest expression against such incidents so far. The courage of Sonia – the victim of the witch-hunt – along with the prompt intervention made by the Janwadi Mahila Samiti, in co-ordination with various watchful organisations and people has played a special and effective role in dealing with this atrocity. It should be seen as a welcome sign. The way responsible people reacted to the mischief perpetrated by some rowdy elements that twisted and distorted facts to mislead the crowd, also evokes hope that people would come forward to put an end to the unsavoury chapter.

Sonia and Rampal married in court one and half years ago. A panchayat (not an elected one) passed a fatwa annulling this marriage and directed the couple to live like brother and sister. This is not the only case of such a fatwa being issued by a self-styled caste and gotra panchayat. Many incidents of this nature have taken place in the past.

The question to be addressed is what are those socio-cultural conditions which so easily makes the deprived and vulnerable sections to become preys of social violence despite the rule of law? Another question that needs to be addressed is why do fundamental rights guaranteed by law become dormant when the citizen needs them the most? Or why do the ‘long arms’ of law shrink to become so short? These questions grope for answers despite the judgement of Punjab & Haryana High Court in Assanda case and other directives issued by the court in different other cases from time to time. However, some central issues need to be addressed in the context of the expected comprehensive debates that are either on or expected in the media and outside.

First of all it needs to be clarified the victims of that the self-styled panchayats in Haryana and parts of north-west India are not only those people against whom fatwas are evoked but all those sections over whom the vested interests have socio-economic and political dominance. They remain regular preys of the general oppression. The caste-based gotra panchayats are basically the local oppressive mechanisms of the vested interests. Fundamentally their character is feudal, patriarchal and caste-oriented. These sections are autocratic, self-willed and male dominated in their outlook.

During the recent times a definite desire of independent assertion has overtaken the deprived sections of society. No doubt it is still dormant, but the tendency to make an independent identity is on the rise among women, youth, dalits and the general poor. This is obviously a challenge for the status quoist forces. They are making use of the outdated social traditions as a weapon to fight this phenomenon of change that goes against them. The deprived sections are posing a challenge to the status quo and are refusing to obediently abide by the traditional discriminatory norms of social conduct. That is why such incidents of outrageous fatwas are increasing in the region. However, the public opposition to these fatwas has also begun. After all the customs and traditions which are alluded to as very sacrosanct are certainly neither universal nor sacrosanct and they have constantly undergone changes earlier as well.

However much one may regret but one has got to agree that no civic society in a democratic country can afford to ignore the concepts of rule of law, social justice and equality. Therefore demands such as of adult youth to marry according to their mutual choice, or of women for equal rights, the minimum desire of the downtrodden sections to lead a dignified life can no longer be suppressed.

It may be noted that neither there is nor can there be any uniformity in the matter of gotra norms for marriages in the state. When the gotras became an obstacle in the process of seeking good marital relationships, the traditional condition of excluding the gotras of daadi and naani was given up by the people themselves. In multi-gotra villages it has become difficult to find suitable matches by avoiding brides belonging to all the prevalent gotras in the village. Therefore the ties and bonds which were considered as a must earlier are not being adhered to by the people. It is not only undesirable but also unlawful to forcibly prevent marriages on such stupid grounds or to cause the break up of marriages already solemnised. It has been noted that strong punitive measures like banishment from village or social boycott were passed by these kangaroo courts. The basic motive behind them was often found to be the greed to grab their land and property or rivalry for the post of sarpanch. The vital demand of time is that blots like ‘honour killings’ female foeticide, parda, untouchability, dowry and domestic violence are exterminated to make way for the engineering of a better and egalitarian social order. The need for active intervention by society is on these issues – not in going for scrutinising the traditional validity of already solemnised marriages.

In this context it is necessary to understand the nature of contradictions of the present social context. As is known, the contradictory social values always collide and the resolution of these contradictions is to be found in the larger interest of people. The interim period of course will be painful. Change is a natural process. The broader masses do give up values which are no longer useful for them. It is true that new values cannot be transplanted nor can they be imitated from somewhere else. It is only through the process of transformation the ‘old’ gives birth to ‘new’.

Some people are afraid of the values which are called ‘western’. Therefore they consider the old values to be sacred and are seen to oppose any change. Those who have a vested interest in the perpetuation of the old customs and traditions are found to be more active in this opposition. They project the regressive and backward customs to be in interest of society and thereby camouflage their vested interests behind the cover of eternity and ancient values.

Often, the khap panchayats take decisions to control dowry and lavish expenditure on marriages and announce steps to check drinking and impose fines or resort to social boycott to implement these decisions. This should not create an illusion that they have come forth with a big agenda of social reform nor should there be any misunderstanding that the khap panchayats are undergoing a transformation in their basic character. Rather it not only reflects the fast deepening crisis in the society. But basically it must be seen as an attempt by such regressive elements to earn a sort of social sanctity and legitimacy. It should be noted that in the absence of genuine social reform movements and democratic institutions, many well-meaning people who want to get rid of this all enveloping crisis continue to remain under the influence of these medieval institutions. The feelings of frustration among the youth – who are facing unemployment and social neglect – are aroused in the name of village honour and prestige and these young men take up the cudgels in defence of their so-called honour. This was particularly noted in Dulina lynching of dalits two years ago in the name of cow protection. These frenzied young men do enjoy the blessings of the vested interests. If there is some lawful intervention, it is cunningly said that it is not the work of any responsible person but that of a handful of village urchins. The administration also always finds it convenient to believe this.

Nevertheless, the storm of consumerist decadent values generated by capitalism is also another element which confronts the contemporary society today. Full of individualistic selfishness, these values are overwhelmingly egoistic, vulgar and ill-mannered. One can note two strategies in existence to fight them out. One is that of revivalism. It is struggling to beat the new onslaught with its old weapons for its own reasons. This strategy is not going to pay. The other strategy is that of progressivism. This straegy is committed to ending inequality and exploitation in the socio-economic structures and aims at establihing egalitarian and more humane social structures. This strategy favours the common people and the wider society. Its success is not only inevitable but also essential for the progress of society.

The struggle in this area that is supposed to be based on a democratic agenda broadly requires a four-pronged strategy of effective intervention. The first is the forcing the political structure of legislature, which is evading these social questions very astutely, to take up this matter. The backward politics that dominates Haryana hinges on feudal manners and regressive base of caste and gotra. Therefore the ruling politicians do not want these structures to weaken. That is why the ruling class political parties and their elected representatives are not speaking a word against the panchayat fatwa which otherwise is their political responsibility.

The second task is at the level of the executive. The failure to implement the rule of law does amount to willful abdication of duty by the executive officers. Why do not they provide security to the aggreieved despite their being in full know of it? The excuse that the victim has not made any written formal complaint cannot be accepted as an excuse. It is ridiculous to expect an FIR from a person or persons whose very life is in danger. Are not the administrative officers in whose jurisdiction unlawful village panchayats are held answerable for dereliction of duty? It is imperative to fix the responsibility of the concerned executive officers of the area in such incidents.

The third aspect is that of judiciary. It is not sufficient to pass a general order in an individual case. There are instances where even high court orders have been ignored in the past. Sometimes the court should also take suo moto cognizance in grave matters raised in the media. The aggrieved persons expect at least some minimum relief on the basis of petitions they often send to the high court chief justice. It is relevant to mention the decision of Jodhpur high court in a case on March 15, 1999 where in the court directed the government to restrain the self-styled caste panchayats from functioning. The court directed that these panchayats had no jurisdiction whatsoever to pass social boycott order, or impose fine on anyone and to violate the basic rights of an individual. The court ordered the state government to arrest and punish the members of such panchayats. It should also be noted that there is a dearth of specific legal provisions to curb these panchayats. Special sections under IPC are needed in this direction.

The fourth and most crucial aspect is that of social intervention. All justice loving and democratic citizens will have to come forward to intervene in favour of the deprived sections against social repression. It is this effective intervention which will ensure that the above-stated three aspects also work. In this context the universities, institutions of higher learning, students, youth, women, lawyers, artists, intellectuals, senior citizens and employees have to play a special role at the level of their organisations.

The efforts being made by active organisations and individuals in Haryana during the past few years is a beacon of hope. This struggle must continue so that it takes the shape of a new social reform movement. The democratic movement needs specially to address these problems. We have to imbibe and visualize the shape of the present social reform movement in all its diverse aspects and consider the tasks associated with this movement as an integral part of the struggle for people's democracy.