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On October 17, 2023, a five-judge Constitution Bench of the Supreme Court declined to recognise the right of same-sex couples to marry. (AI-Generated Image)
The discussions highlighted Khap Panchayat’s stance on traditional marital norms and its position on modern relationship models.
A Khap Mahapanchayat convened in Haryana’s Jind district where participants called for a ban on live-in relationships, love marriages, and same-sex marriages. The meeting saw the attendance of 300 Khap Panchayat members from Haryana, Uttar Pradesh, Gujarat, Rajasthan, and Madhya Pradesh. Raghubir Nain, head of the Binan Khap, addressed the assembly, stating that while the Khap Panchayat does not oppose love marriages per se, it insists that parental consent is essential. He emphasised that parents generally aim to safeguard their children’s welfare and reiterated that the Khap also opposes marriages within the same gotra.
The discussions highlighted Khap Panchayat’s stance on traditional marital norms and its position on modern relationship models. Raghubir Nain stated that live-in relationships and same-sex marriages are leading to disputes over ancestral rights and should be banned, citing that even animals avoid such practices. He announced that Khap Panchayat representatives plan to meet with Prime Minister Narendra Modi and the Congress leader Rahul Gandhi to advocate for amendments to the relevant laws.
Nain warned that if their demands are not addressed and the Hindu Court Bill is not amended, they will initiate a movement. A 51-member committee is being established to advance this issue. Additionally, female Khap leader Santosh Dahiya condemned live-in relationships, asserting that they are detrimental to the family system and should be banned, attributing their rise to legal changes.
Currently, there is no specific law in India that directly addresses live-in partnerships. According to the Supreme Court, cohabitation between a man and a woman falls under the right to life and is not considered a crime. However, the Uniform Civil Code introduced in Uttarakhand includes provisions related to live-in relationships, stipulating that both partners must inform their parents about the arrangement.
As for homosexual marriages, there is no existing law that provides legal recognition. On October 17, 2023, a five-judge Constitution Bench of the Supreme Court declined to recognise the right of same-sex couples to marry or form a civil union, stating that it is within the jurisdiction of Parliament to create legislation on this matter.