Khap

For the 2011 film, see Khap (film).

The Khap and Sarv Khap is a system of social administration.

History

In the last few millennia, society in the Indian subcontinent was organized in various forms, such as tribal, village, monarchical or republican. As civilization shifted from nomadic to settled agricultural practices, society organized around the village. The government was a council of five people, and was called a Panchayat. Republican government existed from the earliest known time. Although society coalesced around monarchy in various times, the republican societies continued to exist. References to the republican sources exist in ancient literature, such as the Rig Veda (circa 1500 BCE). Some sources refer to the existence of Khap panchayats in early Medieval period (7th century CE). Some sources refer to the existence of khaps in early Medieval India (6th century CE) and others at least 1000 years ago.

The texts by Pāṇini and later Buddhist texts, refer to 16 Great Republics, or Janapadas, such as named Mall, Licchavi, Sakya, Yaudheya, Agreya, around 600 BCE (conventional dating). Other Indian and Western sources refer to these republics: Alexander (circa 325 BCE) wars with the Malloi or Malli, Kshudrak, Paur, Puru, and Kathi republics. The republics of Yaudheyas, Malls an so on are documented as dominating the Northern Indian region in what is now Punjab, Sindh, Rajasthan, Haryana and Uttar Pradesh.

The institutions of government were the Sabha (Hindi: सभा) or samiti (Hindi: समिति), which mean "gathering" and "assembly", respectively. The president of the Sabha was called the Sabhapati, and was an elected official. The term 'Rajan, Rajanaya' has been taken to denote a monarchical system. This term was also used at that time for the head of the household, who would participate in the 'Sabha' (assembly). In later times, this took on a monarchical connotation.

The Sarv Khap (or all Khap) Panchayat (council) represented all the Khaps. The individual Khaps would elect leaders who would send delegates to represent their Khaps at the Sarv Khap. It was a political organization, composed of all the clans, communities, and castes in the region. The republics of the Yaudheyas who dominated this region from 600 BCE to 400 CE preceded it. They had a similar system of governance, and their coins and seals are found throughout the region. Rohtak, Haryana was a capital and a major coin mint.

After the fall of Kushan Empire, northwest India was divided into small republics that later formed federations known as Ganasanghas. One Ganasangha was on the banks of Sutlej River. Another Gansangha of Arjunayana was in the region between Agra and Bharatpur. Dr Budh Prakash states that the Yaudheyas are related to the present Dahiya clan and Arjunayana Ganasanghas were the present Joon clans.

Functioning

Ancient society had organized itself into clans or under Panchayat system. A clan was based on one large gotra (clan) or a number of closely related gotra (clans).

Decisions were made under the aegis of a Council of five elected members (Panchayat). Decisions were by consensus.

In time of danger, outside invasion, or other kinds of crises, the whole clan rallied under the banner of the Panchayat. A leader would be chosen by the Assembly.

Organization

These Khaps are found to be spread all the way from Northwest India down to Madhya Pradesh, Malwa, Rajasthan, Sindh, Multan, Punjab, Haryana, and modern Uttar Pradesh.

Individuals form a family (kunba), which are usually grouped into a tolla of related families with a common ancestor, living in a Paala (village subdivision), at village level there were Panchayat, several panchayats voluntarily then group themselves into Guhaand or Thamba, which in turn were voluntarily grouped into a khap, several khaps could voluntarily group into a sarv khap.

Maanas

An individual is called manav (Sanskrit: मानव) or maanas (Hindi: मानस and Haryanvi: माणस), who is considered the unit of the family. In the traditional Indian society and panchayat, every individual including children had the same rights and anyone could approach a panchayat to seek free and quick redressal and justice.

Kunba

Anindividual is part of the family, which is called kutumb (Sanskrit: कुटुम्ब) or kunba (Hindi: कुनबा and Haryanvi: कुणबा), which is considered the basis of the traditional Indian society. An individual in first instance will seek redressal from the elders of the family.

Tholla

Several related families of a common ancestor who usually lived next to each other in the village and had a common shared entrance called seer ka darwaja (Haryanvi: सीर का दरवाजा) but separate hearth (chulha Hindi: चूल्हा) were said to form a tolla (Hindi: टोला), or tholla(Haryanvi: ठोळा). If any one failed to resolve the problem with the help of elders of the Kunba (family), he could call a panchayat (meeting of wise elders) of tholla and seek redressal from them.

Paalla

Two or more contiguous tholla were grouped into a village subdivision Paala (Hindi: पाला, literally 'side', 'section' or 'portion' ) or paalla(Haryanvi: पाळा).

If a someone failed to resolve the problem at tholla level, they could request to convene a panchayat (meeting of wise elders) at paalla and seek redressal from them.

Panchayat

A village comprises of two or more contiguous paalla, which usually are clan Gotra-specific or caste-specific. The individual villages were governed by an elected Council, which was known as the Panchayat. Sometimes, smaller villages that do not have a sufficiently large populaiton to form a panchayat of its own, are attached to the panchayat of a related larger village nearby, such smaller villages are called dhani ((Haryanvi: ढाणी, literally 'small' or 'subsidiary') or Kalan (((Haryanvi: कलां) and larger village is called khurd ((Haryanvi: खुर्द, literally 'main' or 'primary'), e.g. Motla Kalan and Motla Khurd.

If a someone failed to resolve the problem at paalla level, they could request to convene a panchayat (meeting of wise elders) at village panchayat and seek redressal from them.

Guhaand

A number of villages grouped themselves into a Guhaand. A number of Guhaands formed a 'Khap' (covering an area equal to from a Tehsil to a District) and a number of Khaps formed a 'Sarva Khap' embracing a full province or state. For example, there was a "Sarva Khap" each for Haryana and Malwa. At what level a Panchayat should gather depended upon the magnitude of the problem and the territory it involved.

If a someone failed to resolve the problem at village level panchayat, they could request to convene a panchayat (meeting of wise elders) at guhaand level and seek redressal from them.

Thamba

A unit of seven villages was called a Thamba and 12 Thambas would form the unit of 84 villages, though Khaps of 12 and 24 villages existed. Their elected leaders would determine which units would be represented at the Khap level.

If a someone failed to resolve the problem at village level panchayat, they could request to convene a panchayat (meeting of wise elders) at Thamba level and seek redressal from them.

Khap

One of the terms used to denote the republic was the 'Khap'. Others were Pal, Janapada, and Ganasangha etc. The Khap consisted a unit of 84 villages.

If a someone failed to resolve the problem at Guhaand or thamba level panchayat, they could request to convene a panchayat (meeting of wise elders) at khap level and seek redressal from them.

Sarv Khap

Sarv Khap (All Khap) is a grouping of all the khaps at highest level. A Sarv khap could be convened at the times of calamities, foreign invasions (sarv khaps fought against Prithviraj Chauhan in 12th century CE against Muhammad of Ghor, in 15th century CE against Timur, in 17th century CE under Gikul Jat and Maharaja Suraj Mal Jat against Aurangzeb and Mughal empire and in 18th century CE against Ahmad Shah Durrani) and to address issues wider far-reaching social level.

The region from Western Uttar Pradesh through Agra, Mathura, to the Sutlej River in the Punjab was known as Haryana, dominated by Jats and Gurjars. The influence of the Sarv Khap extended to the Malwa province in Central India, Rajasthan and Sindh. Its boundaries also varied widely throughout history. Today sarv khaps can be found mainly across Haryana

If a someone failed to resolve the problem at khap level panchayat, they could request to convene a panchayat (meeting of wise elders) at Sarv khap level and seek redressal from them.

Equivalent of Sarv Khap in Punjab is Sikh system of Sarbat Khalsa.

Benefits of Khap System

Some of the benefits include:

• Fostering communal harmony through the strong feeling of kinship among the related clans
• Provide fast, affordable and free justice outside the formal legal court system where money-drianing cases may drag on for several years and even generations.
• Protection from the police harassment by seeking redressal through khap rather than police and courts. Many a times, police are know to harass innocent people to extract money.
• Khap panchayat usually check and crosscheck claims and arguments of both sides from various sources, as a result verdict is usually more acceptable to all parties, and chances of further appeal and litigation are eliminated.
• Since khap panchayats are elected on the spot, with consensus, there is no case of bias and parties involved have more faith in the neutrality of the khaps.

• Social reform e.g. some khaps have passed rules agreed by the community to eliminate social evil practices, such female foeticide, dowry, Alcoholism, elimination of gender bias, Women's rights, Female education, etc.

• Khaps act as informal Non-governmental organization (NGO), there are suggestions to formally register khaps as NGOs.
• Some genuine community khaps also act as counter-voice of the community against other self-appointed pseudo-khaps and orthodox organizations doing the wrong illegal things (issue diktats to ban jeans or cell phones for girls) in the name of tradition or culture.

Criticism

In recent times, the Khap system has attracted criticism from groups, citing the stark prejudice that such groups allegedly hold against others. All India Democratic Women's Association (AIDWA) has made allegations, in some cases where the Khaps are alleged to have initiated threats of murder and violence to couples who marry outside of the circle.

The Supreme Court has declared illegal 'Khap panchayats' which often decree or encourage honour killings or other institutionalised atrocities against boys and girls of different castes and religions who wish to get married or have married.

This is wholly illegal and has to be ruthlessly stamped out. There is nothing honourable in honour killing or other atrocities and, in fact, it is nothing but barbaric and shameful murder. Other atrocities in respect of the personal lives of people committed by brutal, feudal-minded persons deserve harsh punishment. Only this way can we stamp out such acts of barbarism and feudal mentality. Moreover, these acts take the law into their own hands, and amount to kangaroo courts, which are wholly illegal.

— Bench of Justices Markandey Katju and Gyan Sudha Misra.

In his report to the Supreme Court Raju Ramachandaran, Senior Advocate appointed by the Court to assist it in PILs against Khap Panchayats has called for arrest of "self styled" decision makers and proactive action by the police to protect the fundamental rights of the people. It also asked for the recommendations being converted as directions to all States and the Union, till a law is enacted by the Parliament. These Khap panchayats are widely regarded as a system responsible for committing evil crimes and imposing atrocious rules on people.

See Also

• Jat Mahasabha
• Jat states in Rajasthan

• Bhangi Misl of Dhillon Jats
• Misl concept of Punjab similar to khap system
• Sukerchakia Misl of Maharaja Ranjit Singh

External links

• Official website (in Hindi)