Rajasthan High Court – Jodhpur
Deepa Ram Meghwal vs Sate Of Rajasthan (2026:Rj-Jd:16775) on 10 April, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:16775]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1344/2025
Deepa Ram Meghwal S/o Kesaram Ji Meghwal, Aged About 58
Years, R/o Police Station Anadra, Village Hathal, Reodar, District
Sirohi.
----Petitioner
Versus
1. State Of Rajasthan, Through Chief Secretary, Department
Of Home Govt Of Rajasthan, Jaipur (Raj)
2. Director General Of Police, Jaipur, Rajasthan.
3. Inspector General Of Police (Human Rights), Cid (Cb),
Jaipur, Rajasthan.
4. Dy. Inspector General Of Police, Jodhpur Range, Jodhpur.
5. Superintendent Of Police, District Sirohi (Raj)
6. Sho, Police Station Anadara, District Sirohi (Raj)
7. Posaram S/o Chamnaram Meghwal, Aged About 61 Years,
R/o Pamera, Reodar, Anadara, District Sirohi.
8. Vgaram S/o Jodhaji Meghwal, Aged About 75 Years, R/o
Pamera, Reodar, Anadara, District Sirohi.
9. Babaram S/o Mulaji Meghwal, Aged About 81 Years, R/o
Posindara, Reodar, Anadara, District Sirohi.
10. Sawaram S/o Bhikhaji Meghwal, Aged About 61 Years, R/
o Posindara, Reodar, Anadara, District Sirohi.
11. Rajaram S/o Nonaji Meghwal, Aged About 63 Years, R/o
Nagani, Reodar, Anadara, District Sirohi.
12. Nemaram S/o Kevaji Meghwal, Aged About 81 Years, R/o
Nagani, Reodar, Anadara, District Sirohi.
13. Chamanaram S/o Mulaji, Aged About 74 Years, R/o
Nagani, Reodar, Anadara, District Sirohi.
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 1720/2021
Purkharam S/o Shri Narnaram, Aged About 42 Years, By Caste
Kumhar, R/o Bhadresh, Tehsil And District Barmer.
----Petitioner
Versus
1. State, Through P.p.
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2. The Superintendent Of Police, Barmer.
3. The Inspector General Of Police, Jodhpur Division,
Jodhpur.
4. Station House Officer, Police Station Sheo, District
Barmer.
5. Mualram S/o Shri Goklaram Kumhar, Rasara Tala, Tehsil
Sheo, District Barmer.
6. Channaram S/o Shri Goklaram Kumhar, Rasara Tala,
Tehsil Sheo, District Barmer.
7. Mangaram S/o Shri Goklaram Kumhar, Rasara Tala, Tehsil
Sheo, District Barmer.
8. Gordhanram S/o Shri Goklaram Kumhar, Rasara Tala,
Tehsil Sheo, District Barmer.
9. Gordhanram S/o Shri Haringaram Vishnoi, Former
Assistant Engineer, Jodhpur Vidhyut Vitran Nigam Limited,
Sheo.
10. Gajaram S/o Shri Muknaram Kumhar, At Present Ldc
Jodhpur Vidhyut Vitran Nigam Limited, Sheo.
11. Sheshkarandan S/o Shri Satidan Charan, Bhadresh, Tehsil
And District Barmer.
12. Pabudan S/o Shri Jetdan Charan, Bhadresh, Tehsil And
District Barmer.
13. Nemaram S/o Amraram, By Caste Kumhar, R/o Bhadresh,
Tehsil And District Barmer.
14. Khangarram S/o Shri Saluram, By Caste Kumhar, R/o
Bhadresh, Tehsil And District Barmer.
15. Dwarkaram S/o Shri Saluram, By Caste Kumhar, R/o
Bhadresh, Tehsil And District Barmer.
16. Gordhanram S/o Padmaram, By Caste Kumhar, R/o
Bhadresh, Tehsil And District Barmer.
17. Alsaram S/o Tikmaram, By Caste Kumhar, R/o Bhadresh,
Tehsil And District Barmer.
18. Khetaram S/o Shri Heeraram, By Caste Kumhar, R/o
Bhadresh, Tehsil And District Barmer.
19. Karnaram S/o Shri Godaram, By Caste Kumhar, R/o
Bhadresh, Tehsil And District Barmer.
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20. Indraram S/o Shri Manaram, By Caste Kumhar, R/o
Bhadresh, Tehsil And District Barmer.
21. Manishdev, Ex. S.h.o., Police Station Sheo, District
Barmer.
22. Manguram, Ex. Head Constable, Police Station Sheo.
23. Sukharam Vishnoi, Ex. Sho, Sheo.
24. Devaram, Head Constable, Police Station, Sheo.
----Respondents
S.B. Criminal Writ Petition No. 434/2025
1. Bheera Ram Prajapat S/o Shri Mangla Ram, Aged About
28 Years, R/o Khet Pall Ji Ka Sathan, Sai, Jodhpur,
Rajasthan.
2. Saraswati Prajapat W/o Shri Bheera Ram Prajapat, Aged
About 18 Years, D/o Shri Ummeda Ram Prajapat, R/o
Village Nokh, Jaisalmer, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. The Superintendent Of Police, Jodhpur.
3. Officer In Charge, P.s. Shergarh.
4. Nemba Ram S/o Shri Dana Ram, R/o Khet Pal Ji Ka
Esthan, Sai,tehsil Shergarh, District Jodhpur, Rajasthan.
5. Rekha Ram S/o Shri Lumba Ram, R/o Khet Pal Ji Ka
Esthan, Sai,tehsil Shergarh, District Jodhpur, Rajasthan.
6. Mahender S/o Shri Chota Ram, R/o Khet Pal Ji Ka Esthan,
Sai,tehsil Shergarh, District Jodhpur, Rajasthan.
7. Rawal Ram S/o Shri Chota Ram, R/o Khet Pal Ji Ka
Esthan, Sai,tehsil Shergarh, District Jodhpur, Rajasthan.
8. Sawai S/o Shri Nimba Ram, R/o Khet Pal Ji Ka Esthan,
Sai,tehsil Shergarh, District Jodhpur, Rajasthan.
9. Kawar S/o Shri Nimba Ram, R/o Khet Pal Ji Ka Esthan,
Sai,tehsil Shergarh, District Jodhpur, Rajasthan.
----Respondents
S.B. Criminal Writ Petition No. 625/2025
Pani Devi D/o Kubharam @ Umaram, Aged About 47 Years, W/
o Jetharam, R/o Gotan, Dist. Nagaur,raj.
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----Petitioner
Versus
1. State Of Rajasthan, Through Chief Secretary,
Department Of Home, Govt. Of Raj. Jaipur
2. Director General Of Police, Jaipur,raj.
3. Inspector Generalof Police (Human Rights), Cid (Cb),
Jaipur,raj.
4. Dy. Inspector General Of Police, Jodhpur Range, Jodhpur
5. Commissioner Of Police, Police Commissionerate,
Jodhpur
6. Sho, P.s. Dangiyawas, Police Commissionerate
7. Tulcha Ram S/o Modaram, R/o Melawas, Dist. Jodhpur
8. Budharam S/o Purkharam, R/o Kasti, Dist. Jodhpur
9. Jeharam S/o Dharmaram, R/o Sevki Kalla, Dist. Jodhpur
10. Bhiyaram S/o Manglaram, R/o Jaleli Nayala, Dist.
Jodhpur
11. Thanaram S/o Pratap Ram, R/o Jaleli Nayala, Dist.
Jodhpur
12. Dudaram S/o Pusaram, R/o Jaleli Nayala, Dist. Jodhpur
13. Hadman Ram S/o Revant Ram, R/o Surpura Kalla, Dist.
Jodhpur
14. Raju Ram S/o Annaram, R/o Surpura Kalla, Dist.
Jodhpur
15. Bhanwara Ram S/o Anna Ram, R/o Surpura Kalla, Dist.
Jodhpur
16. Bhiram Ram S/o Kanwara Ram, R/o Surpura Kalla, Dist.
Jodhpur
17. Gopa Ram S/o Jhipar Ram, R/o Surpura Kalla, Dist.
Jodhpur
18. Ramlal S/o Kanna Ram, R/o Surpura Kalla, Dist. Jodhpur
19. Nemichand S/o Malaram, R/o Surpura Kalla, Dist.
Jodhpur
20. Kailash S/o Pusaram, R/o Surpura Kalla, Dist. Jodhpur
21. Shyam Lal S/o Indaram, R/o Daikeda, Dist. Jodhpur
22. Dolaram S/o Indaram, R/o Daikeda, Dist. Jodhpur
23. Malaram S/o Chuni Ram, R/o Daikeda, Dist. Jodhpur
24. Tulcha Ram S/o Jassa Ram, R/o Sevki Khurd, Dist.
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Jodhpur
25. Shivdan S/o Nandaram, R/o Salva Kalla, Dist. Jodhpur
26. Madaram S/o Nandaram, R/o Salva Kalla, Dist. Jodhpur
27. Prabhu Ram S/o Basta Ram, R/o Melawas, Dist. Jodhpur
28. Samaram S/o Ramuram, R/o Kasti, Dist. Jodhpur
29. Ramchandra S/o Binjaram, R/o Birai Ki Dhani, Dist.
Jodhpur
30. Mangala Ram S/o Jogaram, R/o Jajiwal Bhadiya, Dist.
Jodhpur
31. Kanaram S/o Amraram, R/o Jajiwal Bhatiya, Dist.
Jodhpur
32. Baksha Ram S/o Damru Ram, R/o Sevki Kalla, Dist.
Jodhpur
33. Manaram S/o Motiram, R/o Daikeda, Dist. Jodhpur
34. Baklaram S/o Shimbhuram, R/o Chabukda, Dist.
Jodhpur
35. Dayal S/o Mangilal, R/o Surpura Kalla, Dist. Jodhpur
----Respondents
S.B. Criminal Writ Petition No. 1076/2025
Deeparam S/o Fuaram @ Phusa Ram, Aged About 54 Years, R/o
Mahilawas, Tehsil And P.s. Siwana, Dist. Balotra,raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Chief Secretary, Department
Of Home Govt. Of Raj. Jaipur,raj.
2. Director General Of Police, Jaipur, Rajasthan.
3. Inspector General Of Police, (Human Rights), Cid (Cb),
Jaipur, Rajasthan.
4. Dy Inspector General Of Police, Jodhpur Range, Jodhpur.
5. Superintendent Of Police, District Balotra (Raj).
6. Sho, P.s. Siwana, Dist. Balotra,raj.
7. Geelaram S/o Aasuram, R/o Bijaliya, District Balotra
(Raj).
8. Bheraram S/o Devaram,, R/o Arjiyana, District Balotra
(Raj).
9. Navaram S/o Gadukaram, R/o Mahilawas, District Balotra
(Raj).
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10. Lakharam S/o Kalaram, R/o Mahilawas, District Balotra
(Raj).
11. Sardararam S/o Gefaram, R/o Mahilawas, District Balotra
(Raj).
12. Aadaram S/o Bhartaram, R/o Mokalsar, District Balotra
(Raj).
13. Sujaram S/o Paburam, R/o Mokalsar, District Balotra
(Raj).
14. Devaram S/o Jujaram, R/o Kathadi, District Balotra (Raj).
15. Veermaram S/o Jogaram, R/o Bijaliya, District Balotra
(Raj).
16. Gadukaram S/o Bhomaram, R/o Mahilawas, District
Balotra (Raj).
17. Savaram S/o Sardararam, R/o Mahilawas, District Balotra
(Raj).
18. Manglaram S/o Paburam, R/o Mokalsar, District Balotra
(Raj).
19. Pakaram S/o Aadaram, R/o Mokalsar, District Balotra
(Raj).
20. Bhakarram S/o Gadukaram, R/o Mahilawas, District
Balotra (Raj).
21. Gebaram S/o Girdhari Ram, R/o Motisara, District Balotra
(Raj
22. Dungarram S/o Hararam, R/o Motisara, District Balotra
(Raj)
23. Tilokaram S/o Hararam, R/o Motisara, District Balotra
(Raj).
24. Aambaram S/o Gadkuram, R/o Mahilawas, District Balotra
(Raj).
25. Kaluram S/o Udaram, R/o Ramaniya, District Balotra
(Raj).
26. Pakaram S/o Savaram, R/o Mahilawas, District Balotra
(Raj).
27. Vagtaram S/o Gadukaram, R/o Mahilawas, District Balotra
(Raj).
28. Karnaram S/o Baluram, R/o Ludrarada, District Balotra
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(Raj
29. Chaganaram S/o Khangararam, R/o Valu, District Balotra
(Raj).
30. Nimbaram S/o Jogaram,, R/o Valu, District Balotra (Raj).
31. Pakaram S/o Mithalal,, R/o Valu, District Balotra (Raj).
32. Mogaram S/o Devaram, R/o Arjiyana, District Balotra
(Raj).
33. Khimaram S/o Chatraram, R/o Arjiyana, District Balotra
(Raj).
34. Bhakharram S/o Khangararam,, Arjiyana, District Balotra
(Raj).
35. Bholaram S/o Geelaram, R/o Bijaliya, District Balotra
(Raj).
36. Kumparam S/o Bhikharam,, R/o Ludrada, District Balotra
(Raj).
37. Vasnaram S/o Dharmaram, R/o Mahilawas, District
Balotra (Raj).
----Respondents
S.B. Criminal Misc(Pet.) No. 1306/2025
Bhaka Ram S/o Sankala Ji, Aged About 60 Years, Village
Jeetpura, Ps Jaswantpura, Distt. Jalore (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Superintendent Of Police, Jalore (Raj.)
3. Sho, P.s. Jaswantpura, Distt. Jalore (Raj.)
----Respondents
S.B. Criminal Writ Petition No. 2187/2025
Heeralal Bhati Urf Painter Babu S/o Sukhram, Aged About 67
Years, R/o 56-B, 12Th Pal Road Masuriya, District Jodhpur,
Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through Chief Secretary, Department
Of Home Govt. Of Rajasthan Jaipur Rajasthan
2. Director General Of Police, Jaipur Rajasthan
3. Inspector General Of Police, (Human Right), Cid (Cb),
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Jaipur, Rajasthan
4. Dy Inspector General Of Police, Jodhpur Range, Jodhpur
5. Commissioner Of Police, Police Commissionerate Jodhpur,
Rajasthan
6. Sho, Of Police Station Devnagar, District Jodhpur
Rajasthan
7. Ramesh Chandra Rathore S/o Late Ramchandra Rathore,
R/o 8 B 23, Kudi Bhagtasni Housing Board, District
Jodhpur Rajasthan
8. Arun Lilar S/o Punaram, R/o Rajbagh, Near Rajaram Park,
Soorsagar, District Jodhpur Rajasthan
9. Bhikharam Goda S/o Mohan Lal, R/o Near Maondore
Police Station Aamlo Bera , District Jodhpur, Rajsathan
10. Bhera Ram S/o Tauram, R/o Imaratiya Bera, Behind
Aakash Wani , Meghwal Basti, District Jodhpur, Rjasathan
11. Bhawani Lal S/o Bhupji Depan, R/o Outside Nagauri
Gate , Ram Mohala Gali No.1 , District Jodhpur Rajsathan
12. Shera Ram S/o Benam Bochiya, R/o Lala Laj Pat Rai
Colony , Behind Idgah , Meghwal Basti , District Jodhpur ,
Rajsathan
13. Bhuda Ram S/o Pura Ram Meghwal, R/o Hemsingh Ka
Katla, Mahamandir, District Jodhpur , Rajsathan
14. Punaram S/o Dudharam Meghwal, R/o Ram Mohala Gali
No 2 , Out Side Nagori Gate , District Jodhpur , Rajsathan
15. Tilokram S/o Uda Ram Parihar, R/o Hem Singh Ka Katla ,
District Jodhpur , Rajsathan
16. Hari Shankar S/o Dhanji Barupal, R/o Durgadas Colony
Masuriya , District Jodhpur , Rajsathan
17. Heera Lal S/o Utma Ram, R/o Ram Maholla , District
Jodhpur , Rajsathan
18. Gangaram S/o Bhanuram, R/o Magra Punjala , Magewal
Basti District Jodhpur , Rajsathan
19. Laxman Das Bagrana S/o Dhaluram, R/o Masuriya
Meghwal Basti, District Jodhpur , Rajsathan
----Respondents
S.B. Criminal Writ Petition No. 2219/2025
Mula Ram S/o Maga Ram, Aged About 28 Years, R/o Kumharo Ka
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Bass, V/p Balarwa, Mathania, District Jodhpur
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Home Secretariat Government Of
Rajasthan, Jaipur
2. Director General Of Police, Government Of Rajasthan,
Jaipur
3. Commissioner Of Police, Police Commissionerate, Jodhpur
4. Station House Officer, Police Station Mathania, District
Jodhpur
5. Nenaram S/o Lalaram, R/o Jugatsingh Nagar, Balarwa,
District Jodhpur
6. Lumbaram S/o Kaluram, R/o Chopasani Charanan
Mathania District Jodhpur
7. Aaidanram S/o Balaram, R/o Basni Daijar, District Jodhpur
8. Mularam S/o Bheraram, R/o Mathania District Jodhpur
9. Punaram S/o Nagaram, R/o Daijar District Jodhpur
10. Himmtaram S/o Ruparam, R/o Gopasariya, Osian, District
Jodhpur
11. Gorkharam S/o Sukharam, R/o Tinwari Mathania District
Jodhpur
12. Shankarram S/o Ratnaram, R/o Tinwari Mathania District
Jodhpur
13. Arjunram S/o Rawalram, R/o Tinwari Mathania District
Jodhpur
14. Hamiraram S/o Ganeshram, R/o Binjwadiya Mathania
District Jodhpur
15. Hiraram S/o Bheraram, R/o Rajasani ,mathania, District
Jodhpur
16. Papuram S/o Birmaram, R/o Basni Daijar, Mathania,
District Jodhpur
17. Santokram S/o Sawairam, R/o Kotra Mathania District
Jodhpur
18. Premaram S/o Mohanram, R/o Manai Mathania District
Jodhpur
19. Jasram S/o Dhanaram, R/o Tinwari Mathania District
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Jodhpur
20. Mohanram S/o Hanjariram, R/o Tinwari Mathania District
Jodhpur
21. Chetanram S/o Rameshwar, R/o Tinwari Mathania District
Jodhpur
22. Pukhraj S/o Mularam, R/o Tinwari Mathania District
Jodhpur
----Respondents
S.B. Criminal Writ Petition No. 2410/2025
Sarvan Ram S/o Multana Ram, Aged About 35 Years, Resident Of
Meghwalo Ki Dhani, Dantina, Police Station Pachodi, District
Nagaur, Rajasthan, India
----Petitioner
Versus
1. State Of Rajasthan, Through Chief Secretary Ministry Of
Home Affairs Jaipur Rajasthan
2. Director General Of Police, Govt. Of Rajasthan Police Head
Quarter Jaipur
3. Inspector General Of Police, (Human Rights) Cid (Cb)
Jaipur Rajasthan
4. Dy. Inspector General Of Police, Nagaur
5. Commissioner Of Police, Police Commissionerate Nagaur
6. The Superintendent Of Police, District Nagaur
7. The Sho, Police Station Pachodi District Nagaur
8. Shera Ram S/o Fusaram, Resident Of Dantina, Police
Station Pachodi, District Nagaur, Rajasthan, India
9. Bagwatsingh S/o Jethmal Singh, Resident Of Dantina,
Police Station Pachodi, District Nagaur, Rajasthan, India
10. Ramuram S/o Fusaram, Resident Of Dantina, Police
Station Pachodi, District Nagaur, Rajasthan, India
11. Lunaram S/o Unknown, Resident Of Dantina, Police
Station Pachodi, District Nagaur, Rajasthan, India
12. Kishnaram S/o Jhumar Ram, Resident Of Dantina, Police
Station Pachodi, District Nagaur, Rajasthan, India
13. Sarvan Ram S/o Unknown, Resident Of Dantina, Police
Station Pachodi, District Nagaur, Rajasthan
14. Joraram S/o Unknown, Resident Of Dantina, Police Station
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Pachodi, District Nagaur, Rajasthan
15. Umaram S/o Modaram, Resident Of Dantina, Police
Station Pachodi, District Nagaur, Rajasthan
16. Umaram S/o Manaram, Resident Of Dantina, Police
Station Pachodi, District Nagaur, Rajasthan
17. Pratap Ram S/o Dhhura Ram, Resident Of Dantina, Police
Station Pachodi, District Nagaur, Rajasthan
18. Parhlad Ram S/o Unknown, Resident Of Dantina, Police
Station Pachodi, District Nagaur, Rajasthan
----Respondents
S.B. Criminal Misc(Pet.) No. 6974/2025
Sanjiv S/o Gangaram, Aged About 38 Years, R/o Meghrda, Bar,
Beawar, Rajsthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Home
Department, Government Of Rajasthan, Jaipur.
2. Inspector General Of Police, Jodhpur Range, Jodhpur,
Rajasthan.
3. Superintendent Of Police, District Beawar, Rajasthan.
4. Sho, Police Station Bar, District Beawar.
----Respondents
S.B. Criminal Misc(Pet.) No. 7473/2025
1. Panna Ram S/o Prema Ram, Aged About 38 Years,
Resident Of Megdda Tehsil Raipur District Beawar
Rajasthan
2. Pokarram Lumbrod S/o Ganesh Ram, Aged About 61
Years, Resident Of Mohrakala Tehsil Raipur District
Beawar Rajasthan
3. Amara Ram S/o Ramlal Pichakiya, Aged About 63 Years,
Resident Of Tehsil Raipur District Beawar Rajasthan
4. Ishwar Chand Hudda S/o Babu Lal, Aged About 62 Years,
Resident Of Raipur District Beawar Rajasthan
5. Babulal Pindel S/o Hapuram, Aged About 52 Years,
Resident Of Raipur District Beawar Rajasthan
6. Suresh Kashniya S/o Mularam, Aged About 33 Years,
Resident Of Rajpur District Beawar Rajasthan
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7. Devaram S/o Sivaram, Aged About 55 Years, Resident Of
Jutha Tehsil Raipur District Beawar Rajasthan
8. Raji Ram Tada Alias Rajendra S/o Manglaram, Aged About
55 Years, Resident Of Mohara Kala Tehsil Raipur District
Beawar Rajasthan
9. Bagada Ram S/o Motiram Lumroad, Aged About 60 Years,
Resident Of Mohara Kala Tehsil Raipur District Beawar
Rajasthan
10. Bhoma Ram Bhukar S/o Jetharam, Aged About 52 Years,
Resident Of Mohara Kala Tehsil Raipur District Beawar
Rajasthan
11. Dharama Ram Jangu S/o Jiyaram, Aged About 65 Years,
Resident Of Tehsil Raipur District Beawar Rajasthan
12. Moola Ram S/o Bhanwar Lal, Aged About 55 Years,
Resident Of Tehsil Raipur District Beawar Rajasthan
13. Khiya Ram Loomrod S/o Shesharam, Aged About 70
Years, Resident Of Mohara Kala Tehsil Raipur District
Beawar Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Sanjiv S/o Gangaram, Resident Of Meghrda Bar Beawar
Rajasthan
----Respondents
For Petitioner(s) : Mr. Anand Purohit, Sr. Advocate
Mr. Natwar Lal Meghwal
Mr. DS Udawat
Mr. Mahipal Singh
Mr. SP Sharma
Mr. Deepak Bishnoi
Mr. Arjun Singh
Mr. Divik Mathur
Mr. Himanshu Kaushik
Mr. Neeraj
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Mr. Arun
Ms. Shobha Prabhakar
Mr. Devkinandan Vyas
Mr. Prakash
Mr. Manohar Singh
Mr. Praveen Choudhary
For Respondent(s) : Mr. Deepak Choudhary, AAG assisted
by Mr. NS Chandawat, Dy.G.A.
Mr. Surendra Bishnoi, AGA
Mr. SR Choudhary, AGA
Mr. Sunil Panwar, Addl. SP
Commissionerate, Jodhpur
Mr. Om Prakash, Commissioner of
Police, Jodhpur
Mr. Dharmendra Singh Yadav, SP,
Bhilwara
Mr. Muniram, CI< SHO, PS Barliyas,
Bhilwara
Mr. Suresh Choudhary, SI, SHO, PS
Luni, Ayuktalaya, Jodhpur
Mr. Kamlesh, Police Inspector, SHO,
PS Andra, Sirohi
Mr. Narayan Tongas, IPS D/G Haal SP
Gramin
Mr. Daulatram, Nirikshak, SHO,
Dangiyawas, Jodhpur Ayuktalaya
HON'BLE MR. JUSTICE FARJAND ALI
Order
REPORTABLE
DATE OF CONCLUSION OF ARGUMENTS : 22/01/2026
DATE ON WHICH ORDER IS RESERVED : 22/01/2026
FULL ORDER OR OPERATIVE PART : Full Order
DATE OF PRONOUNCEMENT : 10/04/2026
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BY THE COURT:-
INTRODUCTION
1. The instant petitions have been preferred on behalf of the
petitioners raising grave and multifaceted concerns which strike at
the very root of individual liberty, dignity and constitutional
protections. The issues brought to the fore pertain to the
imposition of social boycott, coercive monetary exactions, and the
infliction of trauma and mental harassment at the hands of self-
styled Panchs. It has further been averred that the petitioners are
subjected to an atmosphere of fear, compounded by gender-based
adversities, wherein threats of violence, public humiliation and
unwarranted interference in personal choices have become
pervasive. Such actions, as alleged, not only transgress the
bounds of lawful authority but also amount to a blatant
suppression of the petitioners fundamental rights, warranting
immediate judicial scrutiny and intervention.
1.1 These writ and misc. petitions involves an identical question
of law hence, with the consent of learned counsel for the parties,
they are being decided by this common order.
BRIEF FACTS OF ALL THE PETITIONS
2. Before adverting to the issues arising for determination, this
Court considers it apposite to briefly delineate the factual matrix
of each case, particularly the contents of the respective FIRs
forming the substratum of the present petitions. Such an exercise
is deemed necessary so as to comprehensively appreciate the
controversy involved, to identify the common threads running
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through these matters, and to distinctly segregate the issues, if
any, peculiar to certain petitions. Accordingly, a concise synopsis
of the FIRs in all the writ and misc. petitions is set out hereinafter.
I) S.B. Criminal Writ Petition No. 1344/2025 (FIR No.
96/2023 PS Anadara, Dist. Sirohi)
The complainant and the accused belong to the same community,
wherein the accused persons act as “panch” (decision-makers) of
the local social body. The dispute arose when the complainant’s
son was married on 23.11.2019, and certain customary
restrictions were allegedly violated by using a band and horse
without prior approval of the panchayat. Thereafter, without
affording any opportunity of hearing, the accused persons
convened meetings and imposed a penalty of ₹1,00,000 along
with a social boycott (“Hukka-Pani band”), restraining the
complainant and his family from participating in community
functions. It is further alleged that such boycott was continued
unless illegal monetary demands for re-entry were satisfied,
thereby subjecting the complainant to coercion, mental
harassment, and loss of dignity. Despite partial payment of
₹31,000 and requests for time, the complainant was not
reinstated and faced complete social ostracism, forcing him to
relocate. Despite a complaint to the police, no FIR was initially
registered, compelling the complainant to file the present
proceedings under Section 156(3) CrPC.
II) S.B. Criminal Misc(Pet.) No. 1720/2021 (FIR No.
150/2013 PS Sheo, Dist. Barmer)
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The complainant alleges that the accused persons, including
relatives, influential villagers, and public officials, acted in
conspiracy to usurp his share in joint ancestral property by using
forged documents to manipulate an electricity connection over a
jointly owned well, despite objections and stay orders. It is further
alleged that officials abused their position and police authorities
failed to act, instead colluding with the accused. Upon raising
objections, the complainant was subjected to coercive panchayat
decisions, illegal monetary demands, social boycott, and threats to
life, including an attempt to cause harm by use of a vehicle.
Consequently, the complainant invoked Section 156(3) CrPC,
leading to registration of the FIR and commencement of
investigation.
III) S.B. Criminal Writ Petition No. 434/2025
The petitioners, having solemnized their marriage on 06.12.2024
at Arya Samaj against the wishes of their community, approached
this Court seeking protection to their life and liberty, pursuant to
which necessary directions were issued to the State authorities. It
is alleged that despite such protection, the private respondents
convened unlawful community meetings and imposed an
exorbitant penalty of ₹11 lakhs, coupled with threats to life for
non-compliance. The petitioners further aver that repeated
representations to the police authorities have yielded no effective
response, and instead, they have been subjected to harassment.
In these circumstances, the present writ petition has been
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instituted seeking continued protection and restraint against illegal
coercive actions of the respondents.
IV) S.B. Criminal Writ Petition No. 625/2025 (FIR No.
184/2023 PS Dangiyawas, Dist. Jodhpur City East)
The present FIR was registered pursuant to a complaint alleging
that an unlawful caste panchayat was convened on 15.09.2023, in
which the complainant and her family were declared socially
excommunicated without lawful authority. It was alleged that
directions were issued prohibiting members of the community
from maintaining social and customary relations with the family
and that a monetary penalty was imposed, accompanied by
threats that non-payment would result in continued social boycott
and public humiliation. The complainant asserted that these
actions caused mental harassment, loss of social standing, and
fear. She further stated that earlier complaints to the police had
not resulted in action, following which the Magistrate directed
registration of the FIR under Section 156(3) Cr.P.C. Upon
investigation, however, the police reported that the allegations
were not supported by reliable evidence and noted the existence
of a prior compromise between the parties, leading to submission
of a Final Report classifying the case as false.
(V) S.B. Criminal Writ Petition No. 1076/2025
The petitioner asserts that he has been actively working against
the practice of “death feast” within his community by conducting
awareness campaigns and informing the authorities. It is alleged
that, on account of such activities, certain self-styled caste
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panchayat members exerted pressure upon him to pay ₹5,00,000
and other demands, coupled with threats of social boycott and
excommunication. It is further alleged that unlawful meetings
were convened wherein the petitioner and his family were
outcasted, and coercive conditions were imposed for their re-
entry, including monetary exactions. The petitioner submits that
he lodged complaints and also filed an istagasa before the
competent Court, followed by repeated representations to the
police and administrative authorities, yet no effective action has
ensued. The petitioner also attributes the death of his mother to
the mental trauma caused by such illegal acts. In these
circumstances, the present writ petition has been instituted
seeking appropriate directions against the illegal functioning of
such caste panchayats and for protection of his fundamental
rights.
VI) S.B. Criminal Misc(Pet.) No. 1306/2025 (FIR No.
4/2025 PS Jaswantpura, Dist. Jalore)
The present FIR has been lodged on the complaint of Bhakaram,
alleging that certain community Panch-Patels unlawfully subjected
him and his family to social boycott, humiliation, and economic
exploitation. The complainant states that after the death of his
wife, Shanta Devi, he was compelled by the Panch-Patels to
perform costly rituals, including immersion of ashes at Haridwar
and arranging a three-day “Ganga Prasadi” feast for people of
several villages, for which he incurred expenses of approximately
Rs.3.5 lakhs by borrowing money. Despite complying with all such
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demands, on 16.09.2024 the accused Panch-Patels declared that
the complainant and his family had already been socially
boycotted by a Panchayat decision dated 15.09.2024 and further
demanded a penalty of Rs.5,00,000 for their re-entry into society,
failing which they and even their relatives would be prohibited
from social interaction on pain of further fines. The complainant
and his sons were allegedly insulted and expelled from the
gathering without hospitality, causing mental harassment and
financial loss. As no action was taken on his earlier complaint to
the local police station, the complainant approached the
Superintendent of Police, Jalore, pursuant to which the matter was
forwarded to Police Station Jaswantpura and an FIR was registered
for offences punishable under Sections 308(2), 351(2), and 49 of
the Bharatiya Nyaya Sanhita, 2023, and investigation has been
commenced.
VII) S.B. Criminal Writ Petition No. 2219/2025 (FIR No.
70/2025 PS Mathania, Dist. Jodhpur City East)
The complainant alleges that the accused persons, being members
of the community, convened a meeting on 21.04.2025 and, by
way of a written resolution signed by the so-called panchs,
declared the complainant and his family to be socially boycotted.
It is further alleged that a diktat was issued restraining all
community members from maintaining any social relations with
the complainant, failing which they too would face similar
excommunication, thereby resulting in complete “hukka-pani
band”. The complainant avers that such exclusion was further
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enforced by denying him recognition in community affairs,
including refusal to record his name in a temple inscription despite
participation. It is submitted that, despite approaching the police
authorities and sending representations, no action was taken,
compelling the complainant to file an istagasa before the
competent Court. Upon consideration of the istagasa, the learned
Court found a prima facie case under the relevant provisions of
the Bharatiya Nyaya Sanhita, 2023, whereupon the FIR came to
be registered and investigation was set into motion in accordance
with law.
VIII) S.B. Criminal Misc(Pet.) No. 6974/2025 (FIR No.
126/2025 PS Bar, Dist. Beawar)
The complainant alleges that an accused person unlawfully
trespassed into his house at night and attempted to outrage the
modesty of his wife, which led to lodging of an FIR; however,
thereafter, certain self-styled caste panchayat members convened
meetings to pressurize the complainant to withdraw the said case.
It is alleged that the panchayat, acting without any legal authority,
imposed exorbitant monetary demands and, upon non-
compliance, declared the complainant and his family socially
boycotted, enforcing “hukka-pani band”. It is further alleged that
the complainant and his family were subjected to physical assault,
intimidation, and coercion, and huge sums of money were forcibly
extracted under the guise of community settlement. The
complainant also asserts that false criminal case in FIR No.
66/2025 PS Bar, Dist. Beawar was also orchestrated against him
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as a counterblast. Despite, the complainant approaching the police
authorities, no effective action was taken, compelling the
complainant to file an istagasa before the competent Court,
whereupon a prima facie case under the relevant provisions of the
Bharatiya Nyaya Sanhita was found and FIR came to be registered
for investigation in accordance with law.
IX) S.B. Criminal Misc. Petition No. 7473/2025 (FIR No.
66/2025 PS Bar, Dist. Beawar)
The prosecutrix alleges that the accused, taking advantage of her
being alone, trespassed into her dwelling house and committed
forcible sexual intercourse against her will, coupled with threats of
defamation through alleged obscene materials. Owing to fear and
intimidation, the incident was disclosed belatedly, whereafter an
FIR came to be registered for offences punishable under the
relevant provisions of the Bharatiya Nyaya Sanhita.
X) S.B. Criminal Writ Petition No. 2187/2025
The petitioner, a member of the Scheduled Caste alleges that upon
his children contracting inter-caste marriages, a self-styled caste
panchayat unlawfully convened and excommunicated him and his
family, imposing exorbitant monetary penalties, which were paid,
yet social boycott continued. It is further alleged that the said
panchayat extorted large sums from various members of the
community under threat of ostracism and, upon the petitioner
seeking accountability, extended threats and intimidation. Despite
representations to the authorities, including the Human Rights
Commission and District Administration, no effective action was
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taken, allegedly due to collusion with the accused persons. The
petitioner asserts that such acts of social boycott and coercion are
in the teeth of constitutional guarantees and judicial directions
aimed at curbing the unlawful functioning of caste panchayats.
Aggrieved thereby, the petitioner has approached this Court
seeking appropriate directions against the accused persons and for
a fair and impartial investigation into the alleged illegal acts.
XI) S.B. Criminal Writ Petition No. 2410/2025 (FIR No.
218/2025 PS Panchodi, Dist. Nagaur)
The complainant, belonging to a Scheduled Caste and serving as
the elected Sarpanch, alleges that a group of self-styled panchayat
members unlawfully convened a gathering and, under the guise of
a “maha panchayat,” subjected him to humiliation, coercion, and
physical as well as mental harassment. It is alleged that he was
forced to stand on one leg with folded hands, abused, and
threatened, and an arbitrary diktat of social boycott was imposed
upon him and his family. The accused persons further declared
that no member of the village would maintain social or commercial
relations with the complainant and demanded an exorbitant sum
of ₹5 lakhs as penalty, failing which the boycott would continue.
The complainant asserts that such acts were carried out in utter
disregard of law and constitutional protections. On the basis of the
report, a prima facie case was found to be made out under the
relevant provisions of the Indian Penal Code and the SC/ST
(Prevention of Atrocities) Act, and the FIR came to be registered
for investigation in accordance with law.
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ARGUMENTS ON BEHALF OF THE PETITIONERS
3. Learned counsel for the petitioners submits that the
pernicious practice of extra-constitutional assemblies, commonly
known as Khap Panchayats, has continued to subsist in society for
a considerable period of time. It is contended that the diktats and
actions emanating from such bodies are ex facie violative of the
fundamental rights guaranteed to the citizens, particularly those
enshrined under Part III of the Constitution. It is further urged
that there exists an apparent legislative vacuum in effectively
addressing and curbing this social menace. Aggrieved by the
inaction and the continuing infringement of their rights, the
petitioners have been constrained to invoke the extraordinary
jurisdiction of this Court.
REPLY ON BEHALF OF THE STATE IN CRLW 1344/2025
4. Learned AAG appearing on behalf of the State has submitted
that a fair and impartial investigation has already been conducted
in F.I.R. No. 96/2023 registered at Police Station Anadara, District
Sirohi. It is submitted that upon thorough investigation, including
recording of statements and collection of relevant evidence, no
offence under Sections 384, 506 and 120-B IPC was found to be
made out; however, a prima facie case under Section 385 IPC was
established. Accordingly, charge-sheet No. 94 dated 30.12.2024
has been filed before the learned Judicial Magistrate, Revdar,
where the matter is presently pending trial. It is, therefore, prayed
that the present petition deserves to be dismissed.
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ADDITIONAL AFFIDAVIT OF COMMISSIONER OF POLICE,
JODHPUR
5. Mr. Omprakash, presently serving as Inspector General of
Police, Jodhpur, has submitted that, in compliance of the directions
issued by this Court as well as other authorities, various circulars
and communications have been issued from time to time to curb
the menace of Khap Panchayats, social ostracism and related
unlawful practices. It is further submitted that necessary
instructions have been disseminated to the concerned officers and
preventive as well as legal actions are being undertaken in such
matters. The affidavit also discloses that during the relevant
period, cases have been registered and investigated, resulting in
filing of charge-sheets, final reports and some matters being
under investigation. It is, thus, submitted that sincere and
continuous efforts are being made to ensure strict compliance of
the directions issued by this Court.
ADDITIONAL AFFIDAVIT OF INSPECTOR GENERAL OF
POLICE, RANGE JODHPUR
6. Mr. Rajesh Meena, serving as Inspector General of Police,
Jodhpur Range, has submitted that to curb illegal practices such
as Khap Panchayats, ostracism, and honour-based violence, the
Director General of Police, Rajasthan issued Circular No. 4955-
5005 dated 16.06.2011, followed by Letter No. 3015-20 dated
29.06.2011 directing strict compliance by all district authorities.
Further directives have also been issued from time to time by
higher authorities to ensure effective implementation. Action has
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been taken in multiple cases registered between 2019-2025, with
investigations conducted and charge-sheets filed where
warranted. Continuous monitoring, intelligence gathering, and
sensitization at district and range levels are being undertaken to
prevent such activities.
OBSERVATION OF THIS COURT
7. I have heard the learned counsel appearing on behalf of the
parties and learned AAG appearing on behalf of the State.
8. Upon a careful and conscientious perusal of the briefs
pertaining to all the FIRs placed before this Court, it prima facie
emerges that certain recurring social concerns permeate each of
the cases. These issues are not isolated in nature but reflect a
broader pattern affecting the societal fabric. Therefore, before
adverting to the core legal questions arising for consideration in
the present petitions, this Court deems it appropriate, and indeed
necessary, to delineate and address the underlying societal issues
which form the substratum of the disputes at hand.
SOCIAL ISSUES EMERGING FROM THESE CASES
i. Misuse of Community Power
It emerges from the factual matrix that local caste panchayats,
though lacking any statutory recognition, have arrogated to
themselves the role of adjudicatory authorities. The briefs reveal a
consistent pattern where such bodies issue diktats affecting civil
rights of individuals, thereby creating a parallel system of
governance in derogation of established legal institutions. The
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inference is inescapable that such conduct undermines the
supremacy of law.
ii. Social Boycott & Isolation
From the material placed on record, it is evident that the
mechanism of “hukka-pani band” is employed as a tool of
coercion. The resulting ostracization is not merely social in nature
but has far-reaching psychological and economic consequences.
The inference drawn is that such practices operate as indirect but
effective instruments of punishment, devoid of due process.
iii. Forced Monetary Demands
The briefs disclose instances where substantial monetary
exactions are imposed under the guise of penalties or conditions
for social acceptance. These demands, being neither sanctioned by
law nor based on any adjudicatory process, amount to extortion in
substance. It can be reasonably inferred that financial coercion is
used as a means to enforce compliance.
iv. Suppression of Personal Choices
A perusal of the factual background indicates that individuals are
penalized for exercising autonomy in personal matters, particularly
in choosing life partners. The inference is that such actions are
rooted in regressive social norms that stand in direct conflict with
constitutionally guaranteed freedoms.
v. Mental Harassment & Trauma
The cumulative effect of threats, humiliation, and sustained
exclusion, as reflected in the briefs, demonstrates a pattern of
mental harassment. It can be inferred that the victims are
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subjected to prolonged psychological distress, which in certain
cases escalates to serious health implications.
vi. Fear-Based Control System
The conduct of the affected individuals, as narrated in the briefs,
indicates compliance driven not by volition but by fear of severe
social repercussions. The inference that follows is that a coercive
environment has been systematically created to suppress dissent
and ensure obedience.
vii. Gender-Based Vulnerability
The factual assertions point towards a disproportionate impact on
women, who are subjected to heightened scrutiny and control
under the pretext of maintaining social honour. The inference is
that such practices reinforce patriarchal dominance and expose
women to heightened risks of abuse and indignity.
viii. Escalation of Private Disputes into Social Sanctions
It is discernible from the record that disputes of a personal or civil
nature are magnified into community-wide issues, attracting
punitive sanctions from caste bodies. The inference is that such
escalation is used as a pressure tactic to compel settlement or
submission.
ix. Erosion of Faith in Authorities
Repeated yet ineffective recourse to law enforcement agencies, as
reflected in the briefs, has resulted in palpable frustration among
victims. The inference drawn is that perceived inaction or
inadequacy of institutional response emboldens unlawful actors
and weakens public confidence in the justice system.
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x. Use of Violence & Threats
The materials indicate instances of physical assault and threats to
life being employed to enforce compliance. The inference is that
coercion is not limited to social pressure but extends to overt acts
of violence, thereby aggravating the gravity of the situation.
xi. Exploitation of Vulnerable Sections
The briefs highlight that individuals from economically and socially
weaker strata, including Scheduled Castes, are more susceptible
to such coercion. The inference is that existing social hierarchies
are being exploited to perpetuate injustice.
xii. Public Humiliation & Loss of Dignity
Instances of public shaming and degrading treatment, as disclosed
in the briefs, reveal a deliberate attempt to diminish the dignity of
individuals. The inference is that such acts serve as deterrents to
others and reinforce collective control.
xiii. Resistance to Social Reform
The record suggests that individuals opposing regressive practices,
such as extravagant or coercive customs, are met with hostility
and punitive action. The inference is that entrenched interests
resist reform to maintain social dominance.
xiv. Cycle of Retaliation & False Litigation
The emergence of counter-cases and allegations, as seen in the
briefs, indicates a cycle of retaliatory litigation. The inference is
that such actions are often strategic, aimed at harassment rather
than genuine grievance redressal.
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9. Moving forward, this Court deems it apposite to advert to the
issues that arise in practical terms within village settings and the
manner in which such issues impinge upon the social fabric at
large. These aspects have already been considered by this Court
in its interim order passed in Bhaka Ram v. State of Rajasthan
& Ors. [S.B. Criminal Misc. Petition No. 1306/2025] dated
07.03.2025. For the sake of ready reference, the relevant
paragraph from the interim is reproduced hereinbelow:-
“1. The petitioner has highlighted the prevalence of
malfeasance existing in the society. This Court has observed
numerous instances of like nature, particularly in western
Rajasthan, including Jodhpur Rural, Barmer, Jaisalmer,
Jalore, Nagaur, and Pali where the Khap leaders imposes
social boycotts and fines who do not adhere to the village
rules and fails to conform to their mindset and beliefs.
2. After reflecting upon the issue at hand, it is pertinent
to delve into the historical backdrop of the social evils that
have plagued society for centuries. The roots of social
reform in India can be traced back to the times of Raja Ram
Mohan Roy, revered as the “Father of the Indian
Renaissance,” who spearheaded the first intellectual reform
movement. His relentless efforts were directed towards
condemning and eradicating deeply entrenched social evils.
His remarkable contributions include the abolition of the
practice of Sati, alongside reforms in education,
administration, religion, and politics.
Thereafter, Jyotirao Phule, a prominent Dalit activist
and social reformer, carried forward the mantle of reform.
He dedicated his life to combating the scourge of
untouchability and caste-based discrimination. During his
time, Dalits were deprived of access to education and
employment opportunities. Subsequently, Swami
Dayanand Saraswati emerged as a visionary reformer
whose revolutionary ideas challenged prevailing social evils.
He championed women’s empowerment by advocating for
education and promoting social harmony. His teachings
emphasized the eradication of regressive customs and the
upliftment of society through knowledge and enlightenment.
Swami Vivekananda, drawing inspiration from the
teachings of his guru, Ramakrishna Paramhansa, continued
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His vision was to transform India by eliminating societal
malpractices and fostering a future built on equality and
justice.
Lastly, Dr. Bhimrao Ramji Ambedkar, the architect of
the Indian Constitution, dedicated his life to dismantling the
deeply rooted evil of untouchability. He considered caste-
based discrimination to be one of the greatest social evils,
relentlessly advocating for the rights and dignity of the
oppressed. His efforts were instrumental in shaping a more
just and equitable society.
3. Despite the tireless efforts and sacrifices of these
great reformers, it is disheartening to note that several
social evils continue to persist in contemporary society. This
Court, while acknowledging their invaluable contributions, is
of the view that the prevailing social injustices demand
urgent and careful attention, necessitating effective legal
and social interventions to uphold the principles of equality,
dignity, and justice.
OSTRACIZED: WHEN PEOPLE OF YOUR OWN SHUTS
YOU DOWN
4. In many villages, love marriage is still considered a
taboo and often faces severe opposition due to deep-rooted
social evils. This Court has come across thousands of cases
where couples who marry by their own choice are ostracized
by their families and communities. Recognizing the gravity
of this issue, this Court finds it appropriate to deliberate on
these long-standing societal challenges, including caste-
based discrimination, honor killings, Khap Panchayats,
family and societal pressures, forced marriages, violence
against women, and the imposition of fines on couples.
These issues not only impact the individuals involved but
also have broader implications on the society. Furthermore,
many of these practices constitute punishable offenses
under the law, necessitating a deeper exploration to
understand the core problem. For better understanding, the
major social evils existing in the society are discussed
below:
a) Ostracization
Social boycotts–where individuals are excluded from
community privileges and essential resources–are still
common in India. Couples who marry against societal norms
often suffer economically, as they are denied access to basic
resources, employment opportunities, and village benefits,
all because of their personal choice in marriage.
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b) Khap Panchayats
Khap Panchayats are informal, quasi-judicial bodies
prevalent in villages, particularly in northern and western
India. These organizations impose severe penalties and
fines based on age-old traditions, enforcing outdated
customs on modern societal issues. One of their rigid rules
dictates that a boy and a girl cannot marry outside their kin.
If a couple dares to defy these customs, Khap Panchayats
often take matters into their own hands, engaging in illegal
activities such as imposing heavy fines and even sanctioning
honor killings. Not only do individuals suffer, but their
families also bear the consequences, as the actions of Khap
Panchayats are not limited to the couple who entered into a
love marriage. Those who support or testify against these
Panchayats in court or advocate for love marriages are also
ostracized from their communities. This includes boycotting
them from attending weddings, social gatherings, and other
community events, ultimately isolating them from society.
This deep-rooted social stigma against love marriages,
where Khaps impose unlawful and discriminatory sanctions,
ultimately violates the fundamental rights of individuals.
c) Caste-based Discrimination
Caste and religion continue to hold significant influence in
Indian society. The greatest challenge is not class division
but caste-based segregation. The individuals who marry
outside their caste or religion often face social ostracization
from both their families and society at large. This cultural
stigma can even cost them their lives. In many villages,
people are denied the freedom to choose their partners, as
such choices are seen as defying parental authority. This
rigid mindset has led to numerous cases of honor killings.
d) Honor Killings
In rural India, a family’s reputation is considered
paramount. Once it is tarnished, families believe it cannot
be restored. Consequently, if a son or daughter marries
against their family’s wishes, bringing perceived dishonour,
some families resort to extreme measures–including
murder–to “restore” their honor. In many instances, the
motive behind honor killings extends beyond caste and
religion; some families simply refuse to associate
themselves with love marriages altogether. The Hon’ble
Supreme Court, in Lata Singh v. State of U.P. & Ors.
reported in (2006) 5 SCC 475, has unequivocally stated
that there is no honor in honor killings; rather, they are
shameful acts perpetrated by brutal and feudal-minded
individuals.
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e) Exorcism
It has come to the notice of this Court in several matters a
disturbing and inhumane customs continues to prevail in
many villages. It has been observed that individuals,
predominantly women but in some instances men as well,
are labeled as unlucky or inauspicious (manhoos) when they
are irrationally blamed for certain misfortunes, untoward
incidents, or adverse consequences befalling the
community. Under the influence of superstitions, such
individuals are branded as ominous or ill-fated, and
subjected to atrocious treatment. The brutal acts inflicted
upon them include branding with heated tongs and, in some
cases, they are shackled with iron chains. Furthermore, this
Court is deeply concerned by the atrocities inflicted upon
women under the pretext of such superstitious practices
and are often falsely accused of witchcraft and derogatorily
labeled as daayan or chudail, making them victims of public
humiliation and violence which is like a torture or
punishment causing physical and psychological suffering. It
has also come to light that, under the garb of exorcism,
women are often sexually seduced and exploited, thereby
subjecting them to grave indignities and irreparable harm.
This Court strongly condemns such inhumane and unlawful
acts, which not only violates the fundamental human rights
but also constitute serious criminal offences.
f) Family and Social Pressure
The pressure exerted by families and society–whether
emotional, physical, or financial–often becomes unbearable
for couples in love marriages. In many villages, forced
marriages and even abductions have been reported as a
means to prevent individuals from choosing their own life
partners.
g) Gender-based Violence
Women, in particular, bear the brunt of gender-based
violence when they opt for love marriages. They face
threats of domestic violence, honor crimes, and in extreme
cases, complete disownment by their own families.
h) Naata Pratha
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
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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.
These social evils continue to plague communities, causing
immense harm to individuals and hindering social progress.
Addressing these issues is imperative for fostering a just
and equitable society.
5. In light of these grave concerns, this Court will deal
this issue in two phases, in the first phase, the endeavor
would be to find out and identify the malady and then in the
next phase, it will work to eliminate or curb these evil
practices. It is felt apt to appoint Court Commissioners to
thoroughly investigate the ground reality of the situation
and this commission shall visit different villages to identify
the concerns associated with this issue. This Commission
will consists of four advocates and one social worker, as the
matter is in the interest of the whole society, making the
efforts of a social worker essential. The members of the
Commission are listed herein below:-
i. Mr. Ramavtar Singh Chaudhary
ii. Mr. Bhagirath Ray Bishnoi
iii. Ms. Shobha Prabhakar
iv. Mr. Devkinandan Vyas
v. Shri Mahaveer Kankariya
6. This Commission consisting of five people shall serve
as Court Commissioners, working in coordination with the
Superintendent of Police in the affected districts. The
Superintendent of Police is expected to provide full
assistance to the appointed Commissioners and ensure their
security, including armed protection, throughout their visit.
The Commissioners shall inspect police stations in the
affected areas, engage with the Station House Officers
(SHOs), and, if necessary, interact with local authorities
such as the Sarpanch, Gram Sevak, and Block Development
Officer (BDO) to compile a comprehensive report on the
malpractices carried out under the guise of customs and
rituals.”
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9.1 From a bare perusal of the interim order, it is evident that
this Court has taken cognizance of the deep-rooted social issues
prevailing in rural areas of western Rajasthan, where informal
bodies such as Khap Panchayats continue to impose unlawful
sanctions including social boycotts and fines upon individuals who
defy entrenched customs. Despite the progressive legacy of
reform ushered in by eminent social reformers like Raja Ram
Mohan Roy, Jyotirao Phule, Swami Dayanand Saraswati, Swami
Vivekananda, and B. R. Ambedkar, pernicious social evils such as
caste-based discrimination, honor killings, gender-based violence,
and superstitious practices like exorcism continue to persist. The
Court has further observed that individuals, particularly couples
entering into marriages of their own choice, are subjected to
ostracization, coercion, and severe societal pressure, often
resulting in forced marriages and violence. Additionally,
exploitative customs such as Naata Pratha aggravate the
vulnerability of women and children, depriving them of stability
and protection. Such practices not only undermine the dignity and
autonomy of individuals but also constitute serious violations of
fundamental rights, thereby necessitating immediate and effective
legal as well as social intervention.
9.2 Further, this Court has constituted a Commission of four
Advocates to visit various villages, collect and ascertain the
ground realities, and identify the issues and malpractices
prevailing therein under the guise of customs and rituals. The said
Commission has been directed to conduct a thorough inquiry and
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submit a comprehensive report before this Court, and pursuant
thereto, the Commission has carried out the exercise and
submitted its report. The Commission, so constituted, has acted
as Court Commissioners and has worked in coordination with the
Superintendent of Police of the concerned districts, who has been
directed to extend full cooperation and ensure necessary security,
including armed protection, during the course of such visits. The
Commissioners have inspected police stations, interacted with the
Station House Officers, and, wherever required, engaged with
local authorities, so as to compile a detailed and holistic account of
the prevailing situation.
Identification of the Malady of Social Boycott in the State of
Rajasthan
9.3 This Court, while dealing with the pernicious practice of
social boycott, had delineated a twofold approach, firstly, to
identify the nature, extent, and manifestations of the evil, and
secondly, to devise measures for its eradication. However, the
latter facet, being within the exclusive domain of the executive
and legislative wisdom, was not entrusted to the Court
Commissioners appointed. Consequently, the mandate of the
Commission remained confined to the exercise of identification of
the malady.
9.4 It is further clarified that the Court Commissioners so
appointed were practicing advocates, entrusted with the
responsibility of undertaking an independent and objective
assessment of the prevailing situation on the ground. In this
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backdrop, it is observed that the State, the Law Commission, and
the Legislative Assembly are the principal stakeholders vested
with the authority to deliberate upon and formulate appropriate
remedial measures. The Court Commissioners, therefore,
proceeded to discharge their limited yet significant role by
undertaking an empirical and field-based study.
9.5 Considering the vast geographical expanse of the State of
Rajasthan, they, in their prudence, selected representative
districts to ascertain the ground realities. Accordingly, they visited
the districts of Pali, Banswara, Jalore, Jodhpur (Rural and Urban),
and Jaisalmer. The said exercise was undertaken to capture a
diverse socio-cultural and administrative spectrum prevalent
across the State.
9.6 For the purpose of data collection, the Court Commissioners
relied upon multiple sources. Primarily, inputs were sought from
police authorities with regard to First Information Reports
registered in cases bearing elements of social ostracism.
Additionally, they engaged with independent sources, including
members of civil society and affected individuals, to gather
qualitative insights into the prevalence and impact of the practice.
Upon a cumulative assessment of the material so collected, a
glaring legal vacuum emerges. It is revealed that there exists no
specific statutory provision in the State of Rajasthan which directly
criminalizes or addresses the act of social boycott. In certain
instances where elements of coercion or monetary transactions
are involved, cases are registered under Section 384 of the Indian
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Penal Code pertaining to extortion. However, the said provision
does not, in its true import, encompass or address the distinct and
multifaceted nature of social ostracisation. Furthermore, recourse
to preventive legislations such as Rajasthan Control of Goondas
Act, 1975 is also found to be inadequate, inasmuch as the
invocation of such provisions is contingent upon the existence of
prior criminal antecedents of the accused. In cases of collective
boycott, where an entire community ostracizes a particular
individual or family, the victims are often rendered voiceless, and
no independent witness comes forward to support their cause.
Resultantly, a substantial number of cases culminate in closure
reports for want of evidence.
9.7 It is equally significant to note that in numerous instances,
the act of social boycott does not involve any overt transaction or
element of extortion, thereby falling outside the ambit of Section
384 IPC altogether. In such circumstances, the very registration of
an FIR becomes untenable, leaving the victims remediless.
9.8 The Court Commissioners further take note of the legislative
development in the State of Maharashtra, which stands as the sole
State in the country to have enacted a specific law recognizing
social boycott as a distinct and punishable offence. This legislative
model offers a guiding framework for addressing the issue at
hand. Judicial pronouncements have also echoed the gravity of the
situation. In view of the aforesaid, the identification exercise
undertaken by the Court Commissioners reveals that the practice
of social boycott is not only prevalent but is also perpetuated in
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the absence of an effective legal framework, necessitating urgent
attention at the hands of the competent stakeholders.
10. The field report submitted by the Court Commissioners,
pursuant to the directions of this Court, reveals a deeply
disturbing and pervasive pattern of social ostracism operating as
an extra-constitutional mechanism of coercion across several
districts of the State. The inquiry, conducted through extensive
field visits, interactions with victims, local authorities, and police
officials, brings to light that informal caste and community-based
bodies continue to function as parallel adjudicatory systems,
imposing arbitrary and unlawful sanctions in the form of social
boycott, economic exclusion, and exorbitant fines. The incidents
documented during the course of the inquiry disclose that
individuals and families have been subjected to complete isolation
for acts such as entering into inter-caste or self-choice marriages,
questioning financial irregularities, disputing matrimonial discord,
or merely asserting their legal rights. In numerous cases, victims
were compelled to either pay heavy penalties, arrange community
feasts at ruinous costs, or face perpetual exclusion from social,
economic, and even essential community life, including denial of
basic amenities such as water, food supply, and participation in
ceremonies. The report further indicates that such boycotts are
enforced not only against the individuals concerned but also
extend to their entire families, with threats of similar sanctions
against any person who dares to maintain relations with them,
thereby creating an atmosphere of fear and collective subjugation.
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The existence of entrenched practices such as coercive “dand”
systems, misuse of customary arrangements relating to marriage
and relationships, and the alarming use of social boycott as a tool
of extortion and control. Particularly distressing are instances
where women have been forced into submission through threats
of ostracism, where families have been punished for refusing to
conform to regressive norms, and where individuals acquitted by
courts of law continue to be treated as guilty by these bodies. The
findings unmistakably demonstrate that these practices result in
severe psychological trauma, economic devastation, and a
complete erosion of dignity, effectively reducing victims to a state
akin to civil death within their own communities. Despite the
existence of general criminal law, the persistence of such incidents
reflects a serious enforcement gap and the inability of existing
legal provisions to adequately address the collective and insidious
nature of social boycott. The material collected during the field
inquiry unequivocally establishes that social ostracism continues to
operate as a potent instrument of unlawful social control,
undermining the authority of the State, the majesty of law, and
the fundamental rights guaranteed under the Constitution. The
report, therefore, serves as a stark reminder that unless
addressed through a robust legal framework and effective
enforcement, such practices will continue to erode the
foundational values of justice, liberty, equality, and dignity that
the Constitution seeks to secure for every individual.
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10.1 This Court is constrained to observe that the issue of social
boycott, though pervasive in certain parts of the State of
Rajasthan, continues to operate in a legislative vacuum, inasmuch
as there exists no specific enactment akin to the Maharashtra
Prohibition of People from Social Boycott (Prevention, Prohibition
and Redressal) Act, 2016 to effectively prevent, prohibit and
redress such practices. The absence of a dedicated statutory
framework has resulted in a situation where acts of social boycott,
which are inherently collective, coercive and extra-legal in nature,
are sought to be addressed under fragmented provisions of the
Bharatiya Nyaya Sanhita, 2023 or other general penal laws. This
Court finds that such provisions are wholly inadequate to capture
the true gravity and structural nature of the offence, thereby
leading to dilution of culpability. It is further noticed that in the
absence of a clearly defined offence, the law enforcement
machinery is left with no precise legal yardstick, resulting in
reluctance in registration of First Information Reports,
misclassification of offences under lesser penal provisions, and
consequent failure to bring the real perpetrators to book.
10.2 The Court cannot remain oblivious to the ground reality that
social boycott is often enforced through informal yet powerful
community mechanisms, including caste-based or village
assemblies, where the victim is subjected to denial of access to
essential services, prohibition from social and economic
interaction, and complete exclusion from community life. Such
acts strike at the very root of human dignity and civil existence.
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This Court is of the firm view that the collective character of social
boycott is not adequately addressed by existing penal provisions,
which are primarily designed to deal with individual criminal
liability. The absence of recognition of group liability in such
contexts enables organized bodies to escape legal scrutiny.
10.3 Another alarming facet is the systemic under-reporting of
such incidents. Victims, owing to fear of further ostracization,
economic deprivation and social retaliation, are often dissuaded
from approaching the authorities. Consequently, the official crime
data fails to reflect the true magnitude of the problem, thereby
rendering the issue legally invisible. It is also pertinent to note
that, although certain instances may fall within the ambit of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989, the protection thereunder is limited to specific
communities and does not address the broader spectrum of
victims who may be subjected to similar forms of boycott on other
grounds. The absence of a specific penal provision also results in a
lack of deterrence, as the consequences flowing from prosecution
under general laws are neither certain nor sufficiently stringent to
curb such practices. This emboldens the perpetrators and allows
the continuance of such unconstitutional acts with impunity.
10.4 The practice of social boycott, in whatever form, is in direct
affront to the fundamental rights guaranteed under the
Constitution of India, particularly the rights to equality, non-
discrimination and life with dignity. Any extra-constitutional
authority or informal body assuming the power to impose such
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sanctions is wholly impermissible in the eyes of law. The absence
of a dedicated legislation in the State of Rajasthan has resulted in
a regulatory vacuum, leading to ineffective prevention, inadequate
prosecution, and continued perpetration of social boycott
practices. The situation, thus, warrants serious consideration at
the legislative and executive level, so that an appropriate legal
framework may be put in place to effectively address and
eradicate this pernicious practice.
APPLICATION OF LAW
Between Custom and Constitution: The Parallel Edifice of
Khap Panchayats and the Imperative of Judicial
Intervention
11. At the outset, it is necessary to delineate the conceptual
contours of the expressions “Panchayat” and “Khap”, which,
though often used interchangeably in common parlance, operate
in fundamentally distinct domains. The term Panchayat
traditionally signifies a village-level institution of self-governance,
historically rooted in participatory decision-making, and now
constitutionally recognized under Part IX of the Constitution of
India. It embodies decentralization, democratic ethos, and lawful
governance.
11.1 In contradistinction, the term Khap denotes a traditional,
caste-based, and non-statutory social organization, typically
comprising members of a particular clan, caste, or a cluster of
villages. It is neither recognized by law nor vested with any
adjudicatory authority. Its functioning is premised upon customary
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practices and social conformity rather than constitutional
legitimacy.
11.2 This Court cannot remain oblivious to the stark reality that,
over a period of time, certain Khap Panchayats have assumed
unto themselves the character of parallel, extra-constitutional
power centers. Cloaked under the guise of preserving age-old
traditions and maintaining social order, these bodies have, in
effect, transgressed into domains reserved exclusively for
institutions established under law. What has metamorphosed over
the years is not merely their authority, but the alarming expansion
in the scope of matters upon which they seek to impose sanctions,
often encroaching upon the most sacrosanct realm of an
individual’s life, namely, personal autonomy. Issues pertaining to
marriage by choice, inter-caste or inter-religious unions, and
individual expression are subjected to collective scrutiny in such
assemblies, culminating in diktats that are wholly bereft of legal
sanction. The continued existence and operation of such bodies is
sustained not by law, but by the social acceptance and obedience
accorded to their decisions by members of the concerned
community. Typically comprising elderly members of the clan,
these assemblies convene at periodic intervals and proceed to
adjudicate upon the lives of individuals in a manner that is alien to
the rule of law. The consequences of such adjudications are often
draconian, ranging from imposition of fines and social boycott too,
in extreme cases, the perpetration of heinous crimes such as so-
called “honour killings.”
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11.3 This Court is constrained to observe that the very edifice of
Khap Panchayats stands in direct conflict with the constitutional
ethos. Their actions are de hors the Constitution, and strike at the
very root of fundamental rights guaranteed under Part III of the
Constitution of India. Article 14 guarantees equality before law
and equal protection of laws, which stands violated when
individuals are singled out and subjected to discriminatory social
sanctions. Article 15 prohibits discrimination on grounds of
religion, race, caste, sex, or place of birth, which is often the very
foundation upon which Khap diktats are issued. More importantly,
Article 19(1)(a) and Article 19(1)(c) secure the freedom of
expression and association, while Article 19(1)(d) guarantees
freedom of movement, rights which are curtailed when individuals
are ostracized or confined by such extra-judicial bodies. However,
the most egregious violation is of Article 21, which protects the
right to life and personal liberty, and has been expansively
interpreted to include the right to dignity, autonomy, and the
freedom to make intimate personal choices, including the choice of
a life partner. The constitutional courts have, time and again,
emphasized that the right to choose one’s partner is an intrinsic
facet of Article 21, and any interference, whether by the State or
by non-State actors such as Khap Panchayats, is wholly
impermissible.
11.4 The notion of “honour killing,” which finds its genesis in such
extra-judicial bodies, is nothing but a barbaric manifestation of
regressive social control. It entails the elimination of individuals
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for exercising choices that are perceived to bring disrepute to
familial or caste honour. Such acts not only shock the conscience
of the Court but are also an affront to the constitutional morality
that must prevail over social morality. The diktats issued by Khap
Panchayats are, therefore, not merely void ab initio, but carry with
them a deep-seated stigma that irreparably scars the lives of
those subjected to them. The victims, in such circumstances, are
not offenders, but individuals who have dared to assert their
constitutionally protected freedoms.
11.5 It is a settled principle that the law in India leans towards a
reformative and progressive approach. Social evils are not to be
perpetuated under the guise of tradition but must yield to
constitutional morality. In this backdrop, the issue of Khap
Panchayats demands a calibrated yet firm response. The remedy
does not lie solely in punitive action, but also in systemic reform.
There is an urgent need to disseminate awareness at the
grassroots level regarding the rights of individuals and the
corresponding duties of society to respect such rights. In this
regard, Article 51A(e) of the Constitution of India casts a
fundamental duty upon every citizen to renounce practices
derogatory to the dignity of women, an obligation that stands in
direct opposition to many of the regressive practices endorsed by
such bodies.
12. The Apex Court has already issued directions regarding this
in the case of Shakti Vahini v. Union of India & Ors. reported
in (2018) 7 SCC 192, are required to be implemented in their true
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letter and spirit, and any deviation therefrom must invite strict
judicial scrutiny. The Supreme Court of India held that honour
killings and interference by Khap Panchayats in marriages are
illegal and unconstitutional. It affirmed that the right to choose a
life partner is a fundamental right protected under Article 19 of
the Constitution of India and Article 21 of the Constitution of
India. The Court ruled that any attempt by family members or
community bodies to control or punish such choices violates
individual liberty and dignity. To curb such crimes, the Court
issued three categories of directions that includes, preventive
measures wherein the identification of sensitive areas, police
vigilance, and prohibition of unlawful assemblies like Khap
Panchayats shall be made. Then there are remedial measures
which are for immediate protection to threatened couples, safe
houses, and special cells. Lastly, the punitive measures which are
strict action against offenders and expedited (fast-track) trials. For
ready reference, the relevant paragraphs of Shakti Vahini
(supra) are reproduced herein below:-
“47. The ‘Khap Panchayats’ or such assembly should not
take the law into their hands and further cannot assume the
character of the law implementing agency, for that authority
has not been conferred upon them under any law. Law has
to be allowed to sustain by the law enforcement agencies.
For example, when a crime under Indian Penal Code is
committed, an assembly of people cannot impose the
punishment. They have no authority. They are entitled to
lodge an FIR or inform the police. They may also facilitate
so that the Accused is dealt with in accordance with law.
But, by putting forth a stand that they are spreading
awareness, they really can neither affect others’
fundamental rights nor cover up their own illegal acts. It is
simply not permissible. In fact, it has to be condemned as
an act abhorrent to law and, therefore, it has to stop. Their(Uploaded on 10/04/2026 at 04:37:24 PM)
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alternative. What is illegal cannot commend
recognition or acceptance.
53. ………To meet the challenges of the agonising effect of
honour crime, we think that there has to be preventive,
remedial and punitive measures and, accordingly, we state
the broad contours and the modalities with liberty to the
executive and the police administration of the concerned
States to add further measures to evolve a robust
mechanism for the stated purposes.
“I. Preventive Steps:-
(a) The State Governments should forthwith identify
Districts, Sub-Divisions and/or Villages where instances
of honour killing or assembly of Khap Panchayats have
been reported in the recent past, e.g., in the last five
years.
(b) The Secretary, Home Department of the concerned
States shall issue directives/advisories to the
Superintendent of Police of the concerned Districts for
ensuring that the Officer Incharge of the Police Stations
of the identified areas are extra cautious if any instance
of inter-caste or inter- religious marriage within their
jurisdiction comes to their notice.
(c) If information about any proposed gathering of a
Khap Panchayat comes to the knowledge of any police
officer or any officer of the District Administration, he
shall forthwith inform his immediate superior officer
and also simultaneously intimate the jurisdictional
Deputy Superintendent of Police and Superintendent of
Police.
(d) On receiving such information, the Deputy
Superintendent of Police (or such senior police officer
as identified by the State Governments with respect to
the area/district) shall immediately interact with the
members of the Khap Panchayat and impress upon
them that convening of such meeting/gathering is not
permissible in law and to eschew from going ahead
with such a meeting. Additionally, he should issue
appropriate directions to the Officer Incharge of the
jurisdictional Police Station to be vigilant and, if
necessary, to deploy adequate police force for
prevention of assembly of the proposed gathering.
(e) Despite taking such measures, if the meeting is
conducted, the Deputy Superintendent of Police shall
personally remain present during the meeting and
impress upon the assembly that no decision can be
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[2026:RJ-JD:16775] (48 of 69) [CRLW-1344/2025]members of the couple, failing which each one
participating in the meeting besides the organisers
would be personally liable for criminal prosecution. He
shall also ensure that video recording of the discussion
and participation of the members of the assembly is
done on the basis of which the law enforcing machinery
can resort to suitable action.
(f) If the Deputy Superintendent of Police, after
interaction with the members of the Khap Panchayat,
has reason to believe that the gathering cannot be
prevented and/or is likely to cause harm to the couple
or members of their family, he shall forthwith submit a
proposal to the District Magistrate/Sub- Divisional
Magistrate of the District/ Competent Authority of the
concerned area for issuing orders to take preventive
steps under the Cr.P.C., including by invoking
prohibitory orders under Section 144 Cr.P.C. and also
by causing arrest of the participants in the assembly
under Section 151 Cr.P.C.
(g) The Home Department of the Government of India
must take initiative and work in coordination with the
State Governments for sensitising the law enforcement
agencies and by involving all the stake holders to
identify the measures for prevention of such violence
and to implement the constitutional goal of social
justice and the rule of law.
(h) There should be an institutional machinery with the
necessary coordination of all the stakeholders. The
different State Governments and the Centre ought to
work on sensitization of the law enforcement agencies
to mandate social initiatives and awareness to curb
such violence.
II. Remedial Measures:-
(a) Despite the preventive measures taken by the State
Police, if it comes to the notice of the local police that
the Khap Panchayat has taken place and it has passed
any diktat to take action against a couple/family of an
inter-caste or inter-religious marriage (or any other
marriage which does not meet their acceptance), the
jurisdictional police official shall cause to immediately
lodge an F.I.R. under the appropriate provisions of the
Indian Penal Code including Sections 141, 143, 503
read with 506 of IPC.
(b) Upon registration of F.I.R., intimation shall be
simultaneously given to the Superintendent of Police/
Deputy Superintendent of Police who, in turn, shall
ensure that effective investigation of the crime is done
and taken to its logical end with promptitude.
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(c) Additionally, immediate steps should be taken to
provide security to the couple/family and, if necessary,
to remove them to a safe house within the same
district or elsewhere keeping in mind their safety and
threat perception. The State Government may consider
of establishing a safe house at each District
Headquarter for that purpose. Such safe houses can
cater to accommodate (i) young bachelor-bachelorette
couples whose relationship is being opposed by their
families /local community/Khaps and (ii) young married
couples (of an inter-caste or inter-religious or any other
marriage being opposed by their families/local
community/Khaps). Such safe houses may be placed
under the supervision of the jurisdictional District
Magistrate and Superintendent of Police.
(d) The District Magistrate/Superintendent of Police
must deal with the complaint regarding threat
administered to such couple/family with utmost
sensitivity. It should be first ascertained whether the
bachelor-bachelorette are capable adults. Thereafter, if
necessary, they may be provided logistical support for
solemnising their marriage and/or for being duly
registered under police protection, if they so desire.
After the marriage, if the couple so desire, they can be
provided accommodation on payment of nominal
charges in the safe house initially for a period of one
month to be extended on monthly basis but not
exceeding one year in aggregate, depending on their
threat assessment on case to case basis.
(e) The initial inquiry regarding the complaint received
from the couple (bachelor-bachelorette or a young
married couple) or upon receiving information from an
independent source that the relationship/marriage of
such couple is opposed by their family members/local
community/Khaps shall be entrusted by the District
Magistrate/ Superintendent of Police to an officer of the
rank of Additional Superintendent of Police. He shall
conduct a preliminary inquiry and ascertain the
authenticity, nature and gravity of threat perception.
On being satisfied as to the authenticity of such
threats, he shall immediately submit a report to the
Superintendent of Police in not later than one week.
(f) The District Superintendent of Police, upon receipt
of such report, shall direct the Deputy Superintendent
of Police incharge of the concerned sub- division to
cause to register an F.I.R. against the persons
threatening the couple(s) and, if necessary, invoke
Section 151 of Cr.P.C. Additionally, the Deputy
Superintendent of Police shall personally supervise the
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[2026:RJ-JD:16775] (50 of 69) [CRLW-1344/2025]
progress of investigation and ensure that the same is
completed and taken to its logical end with
promptitude. In the course of investigation, the
concerned persons shall be booked without any
exception including the members who have participated
in the assembly. If the involvement of the members of
Khap Panchayat comes to the fore, they shall also be
charged for the offence of conspiracy or abetment, as
the case may be.
III. Punitive Measures:-
(a) Any failure by either the police or district
officer/officials to comply with the aforesaid directions
shall be considered as an act of deliberate negligence
and/or misconduct for which departmental action must
be taken under the service rules. The departmental
action shall be initiated and taken to its logical end,
preferably not exceeding six months, by the authority
of the first instance.
(b) In terms of the ruling of this Court in Arumugam
Servai (supra), the States are directed to take
disciplinary action against the concerned officials if it is
found that (i) such official(s) did not prevent the
incident, despite having prior knowledge of it, or (ii)
where the incident had already occurred, such
official(s) did not promptly apprehend and institute
criminal proceedings against the culprits.
(c) The State Governments shall create Special Cells in
every District comprising of the Superintendent of
Police, the District Social Welfare Officer and District
Adi-Dravidar Welfare Officer to receive
petitions/complaints of harassment of and threat to
couples of inter-caste marriage.
(d) These Special Cells shall create a 24 hour helpline
to receive and register such complaints and to provide
necessary assistance/advice and protection to the
couple.
(e) The criminal cases pertaining to honour killing or
violence to the couple(s) shall be tried before the
designated Court/Fast Track Court earmarked for that
purpose. The trial must proceed on day to day basis to
be concluded preferably within six months from the
date of taking cognizance of the offence. We may
hasten to add that this direction shall apply even to
pending cases. The concerned District Judge shall
assign those cases, as far as possible, to one
jurisdictional court so as to ensure expeditious disposal
thereof.”
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12.1 From a bare perusal of the judgment rendered by the
Hon’ble Supreme Court in Shakti Vahini (supra), it is emanating
that the Court has unequivocally deprecated the extra-
constitutional functioning of Khap Panchayats or similar
assemblies, holding that they cannot assume the role of law
enforcement agencies or interfere with the fundamental rights of
individuals, particularly in matters concerning marriage. Any
attempt by such bodies to issue diktats or inflict punishment has
been declared wholly illegal, abhorrent to the rule of law, and
liable to be stopped in entirety. The Apex Court, recognizing the
pernicious and agonising impact of honour crimes, has laid down a
comprehensive framework comprising preventive, remedial, and
punitive measures to be implemented by the State machinery.
Insofar as preventive measures are concerned, directions have
been issued to the State Governments and law enforcement
authorities to identify vulnerable areas, maintain heightened
vigilance in cases of inter-caste and inter-religious marriages, and
take immediate steps to prevent unlawful assemblies of Khap
Panchayats. The police authorities have been mandated to
intervene proactively, discourage such gatherings, and, where
necessary, invoke statutory powers under the Code of Criminal
Procedure, including promulgation of prohibitory orders and
preventive arrests. With regard to remedial measures, the Court
has directed that immediate FIRs be registered against persons
involved in issuing threats or unlawful diktats, followed by prompt
and effective investigation. Adequate protection is to be provided
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[2026:RJ-JD:16775] (52 of 69) [CRLW-1344/2025]
to the affected couples, including their relocation to safe houses,
and necessary logistical support for solemnization or registration
of marriage under police protection. The authorities are further
obligated to act with sensitivity and expeditiously assess threat
perception through designated senior officers. As far as punitive
measures are concerned, the Hon’ble Court has stipulated that
any dereliction of duty on the part of police or administrative
officials in complying with the aforesaid directions shall entail
departmental action for misconduct. The States have also been
directed to establish Special Cells and 24-hour helplines at the
district level to address complaints of harassment and threats.
Furthermore, cases pertaining to honour crimes are to be tried by
designated courts or Fast Track Courts on a day-to-day basis, with
an endeavour to conclude the trial within a stipulated period.
Thus, the Apex Court has, in unequivocal terms, reinforced the
primacy of the rule of law and fundamental rights, while
mandating a robust institutional mechanism to prevent and
effectively deal with honour-based violence.
13. In the case of In Re: Indian Woman says gang-raped on
orders of Village Court published in Business & Financial
News reported in 2014 AIR (SC) 2816 dated 23.01.2014, a news
item was published in the Business and Financial News dated
23.01.2014 relating to the gang-rape of a 20-year old woman of
Subalpur Village, P.S. Labpur, District Birbhum, State of West
Bengal on the intervening night of 20/21.01.2014 on the orders of
community panchayat as punishment for having relationship with
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[2026:RJ-JD:16775] (53 of 69) [CRLW-1344/2025]
a man from a different community. The Hon’ble Supreme Court
took Suo Moto cognizance of the news report, awarded
compensation to the victim. Furthermore, other rehabilitation
measures were also taken by the Government, which are
reproduced as under:-
“17. No compensation can be adequate nor can it be of any
respite for the victim but as the State has failed in
protecting such serious violation of a victim’s fundamental
right, the State is duty bound to provide compensation,
which may help in the victim’s rehabilitation. The
humiliation or the reputation that is snuffed out cannot be
recompensed but then monetary compensation will at least
provide some solace.
18. In 2009, a new Section 357A was introduced in the
Code which casts a responsibility on the State Governments
to formulate Schemes for compensation to the victims of
crime in coordination with the Central Government whereas,
previously, Section 357 ruled the field which was not
mandatory in nature and only the offender can be directed
to pay compensation to the victim under this Section. Under
the new Section 357A, the onus is put on the District Legal
Service Authority or State Legal Service Authority to
determine the quantum of compensation in each case.
However, no rigid formula can be evolved as to have a
uniform amount, it should vary in facts and circumstances
of each case. In the case of State of Rajasthan vs. Sanyam,
Lodha, (2011) 13 SCC 262, this Court held that the failure
to grant uniform ex-gratia relief is not arbitrary or
unconstitutional. It was held that the quantum may depend
on facts of each case.”
14. In Kaushal Kishor v. State of UP reported in (2023) 4 SCC
1, the issues before the Hon’ble Supreme Court were:-
I. Whether a fundamental right under Article 19 or 21 of the
Constitution be claimed other than against the ‘State’ or its
instrumentalities?
“162. The rights in the realm of common law, which
may be similar in their content to the Fundamental
Rights Under Article 19/21, operate horizontally;
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[2026:RJ-JD:16775] (54 of 69) [CRLW-1344/2025]However, the Fundamental Rights Under Articles 19 and
21, do not except those rights which have also been
statutorily recognised. Therefore, a fundamental right
Under Article 19/21 cannot be enforced against persons
other than the State or its instrumentalities. However,
they may be the basis for seeking common law
remedies. But a remedy in the form of writ of Habeas
Corpus, if sought against a private person on the basis
of Article 21 of the Constitution can be before a
Constitutional Court i.e., by way of Article 226 before
the High Court or Article 32 read with Article 142
before the Supreme Court. As far as non-State entities
or those entities which do not fall within the scope of
Article 12 of the Constitution are concerned, a writ
petition to enforce fundamental rights would not be
entertained as against them. This is primarily because
such matters would involve disputed questions of fact.”
II. Whether the State has a duty under Article 21 of the
Constitution of India to affirmatively protect a citizen’s liberty from
threats posed by private individuals or agencies.
“162. The duty cast upon the State Under Article 21 is a
negative duty not to deprive a person of his life and
personal liberty except in accordance with law. The State
however has an affirmative duty to carry out obligations
cast upon it under constitutional and statutory law. Such
obligations may require interference by the State where
acts of a private party may threaten the life or liberty of
another individual. Hence, failure to carry out the duties
enjoined upon the State under constitutional and statutory
law to protect the rights of a citizen, could have the effect of
depriving a citizen of his right to life and personal liberty.
When a citizen is so deprived of his right to life and personal
liberty, the State would have breached the negative duty
cast upon it Under Article 21.”
“220. At this juncture, it may be apposite to sound a word
of caution as regards the approach of the Courts in granting
monetary compensation as a means for vindication of
fundamental rights. It is to be noted that in the absence of
a clear, cogent and comprehensive legal framework based
on judicial precedent, which would clarify what harm or
injury is actionable as a constitutional tort, such a device is
to be resorted to only in cases where there are brutal(Uploaded on 10/04/2026 at 04:37:24 PM)
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[2026:RJ-JD:16775] (55 of 69) [CRLW-1344/2025]violations of fundamental rights, such as the violations that
were involved in Rudul Sah and Chandrima Das. This Court
has acknowledged such a view in Sebastian M. Hongray, by
noting that compensation was being awarded in the said
case having regard to “torture, the agony and the mental
oppression” which the family of the victim therein had to
endure due his death by an encounter. Similarly, this Court,
in Bhim Singh stated that the compensation was awarded
by taking note of the “bizzare acts” of police lawlessness. As
already highlighted, compensation was awarded in Delhi Jal
Board, by exercising power Under Article 142. Thus, the
remedy provided is on a case to case basis on an evolution
of the concept of constitutional tort through judicial dicta.”
14.1 A bare perusal of the judgment rendered by the Hon’ble
Supreme Court in Kaushal Kishor (supra) reveals that the
Fundamental Rights guaranteed under Articles 19 and 21 are
primarily enforceable against the State and its instrumentalities,
and not horizontally against private individuals, except in limited
circumstances where such rights are statutorily recognised.
Nevertheless, analogous rights under common law may be
enforced horizontally, and appropriate remedies may be sought
thereunder. It has further been observed that a writ of habeas
corpus may, in exceptional cases, lie even against a private person
to safeguard personal liberty. The Apex Court has further
elucidated that the obligation of the State under Article 21 is not
merely negative in nature but also carries an affirmative duty to
protect the life and personal liberty of individuals, particularly
where such rights are threatened by private actors. Any failure on
the part of the State to discharge its statutory or constitutional
obligations, resulting in deprivation of such rights, would amount
to a breach of Article 21. It has also been cautioned that the grant
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[2026:RJ-JD:16775] (56 of 69) [CRLW-1344/2025]
of monetary compensation as a constitutional remedy is to be
exercised sparingly and only in cases involving grave and
egregious violations of fundamental rights, in the absence of a
settled legal framework governing constitutional torts, and the
same is to be determined on a case-to-case basis in light of
judicial precedents.
CONCLUSION AND OPINION
15. Khaps have been a deeply concerning practice appears to be
prevalent in certain rural settings, whereby a group of influential
persons, devoid of any lawful authority or statutory sanction,
assume unto themselves the role of an extra-legal governing
body. Acting in the guise of a “panchayat” or association, such
persons, by sheer force of influence and majority, issue diktats to
the villagers at large, mandating a complete social and economic
boycott of a particular individual or family. These extra-legal
directions, enforced as though they carry the imprimatur of law,
often compel the residents of the village to abstain from
maintaining any form of relationship or dealing whatsoever with
the targeted individual. Such diktats extend to prohibiting all
forms of social, civil, and economic interaction, including but not
limited to, any sale or purchase of goods, engagement in trade or
business, entering into transactions of any nature, providing or
availing accommodation, extending or receiving any facility or
service, participating in social or familial relations including
marriage alliances, sitting or associating in common gatherings,
and even the most basic human interactions. The cumulative
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[2026:RJ-JD:16775] (57 of 69) [CRLW-1344/2025]
effect of such coercive mandates is the complete isolation and
ostracization of the individual, reducing him or her to a condition
of social and economic exclusion, thereby striking at the very core
of dignity, liberty, and equality guaranteed under the Constitution.
15.1 Such acts, in the considered view of this Court, amount to a
grave form of victimisation and cannot be countenanced in a
society governed by the rule of law. No individual or group,
howsoever influential, can be permitted to exercise parallel
authority or impose collective sanctions that effectively render a
person “untouchable” within the social fabric. This Court is,
therefore, of the firm opinion that such pernicious practices
warrant immediate legislative attention.
16. Taking into consideration the authoritative pronouncement of
the Hon’ble Supreme Court in Shakti Vahini (supra), wherein it
has been unequivocally held that any form of diktat issued by
extra-constitutional assemblies is wholly illegal and that
immediate registration of an FIR is warranted, this Court is
constrained to examine the practical enforceability of such
directions. The Apex Court, while indicating recourse to provisions
such as Sections 141, 143, 503 and 506 of the Indian Penal Code,
has undoubtedly laid down a framework; however, in actual
application, it is often noticed that the acts complained of do not
squarely fall within the strict ingredients of the aforesaid offences.
The situation thus presents a serious legal vacuum. In a number
of cases, certain influential members of the community, acting in
concert, assemble and, by sheer force of dominance and social
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[2026:RJ-JD:16775] (58 of 69) [CRLW-1344/2025]
pressure, issue diktats directing the villagers at large to enforce
complete social and economic boycott of a particular individual or
family. Such directions, though devoid of any legal sanction, are
implemented as if they carry the force of law. The consequences
thereof are far-reaching, inasmuch as the targeted persons are
ostracised from all facets of civil life, including denial of trade,
business transactions, access to goods and services,
accommodation, social interaction, and even participation in
familial or community relations. Prima facie, such acts may not
neatly fall within the contours of offences like criminal
intimidation, wrongful restraint, wrongful confinement or even
extortion under the Indian Penal Code, particularly in cases where
there is no overt threat of bodily injury or explicit demand for
property. The coercion exercised is subtle yet devastating,
operating through collective social pressure rather than direct
physical force or express threats, thereby rendering the existing
penal provisions inadequate in addressing the mischief in its
entirety.
16.1 This Court is, therefore, of the considered view that
directing registration of FIRs, without there being a clearly defined
and specifically punishable offence encapsulating such conduct,
may not effectively subserve the object sought to be achieved by
the judgment in Shakti Vahini (supra).
17. Sati Pratha, as historically understood, was a regressive
social practice prevalent in certain parts of India, wherein a widow
was compelled, persuaded or socially coerced to immolate herself
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[2026:RJ-JD:16775] (59 of 69) [CRLW-1344/2025]
on the funeral pyre of her deceased husband, often under the
guise of preserving family honour and religious sanctity. A bare
perusal of the historical and legal evolution would reveal that such
a practice, being inherently violative of human dignity and the
right to life, was abolished through conscious legislative
intervention, beginning with the Bengal Sati Regulation and later
reinforced by the stringent provisions of the Commission of Sati
(Prevention) Act, 1987 thereby reflecting the affirmative obligation
of the State to eliminate inhuman and unconstitutional customs.
17.1 In a similar vein, it is observed that the functioning of Khap
Panchayats, though not backed by any statutory recognition, has
increasingly led to interference in the personal autonomy of
individuals under the pretext of tradition and societal norms. This
Court is of the considered view that merely in the absence of a
specific law governing such bodies, their actions cannot be
permitted to transgress the fundamental rights guaranteed under
the Constitution. It is, therefore, expected of the State to take
cognizance of the growing misuse of such traditional forums and
to consider bringing in an appropriate legal framework to regulate
or curb such practices. However, till such time such legislation is
enacted, this Court finds it imperative to issue necessary
directions and pass strict strictures to ensure due compliance, so
that the rule of law is preserved and the fundamental rights of the
citizens are adequately protected. This Court is guided by the
judgment passed by Hon’ble the Supreme Court in the case of
Vishaka and Ors. v. State of Rajasthan reported in (1997) 6
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[2026:RJ-JD:16775] (60 of 69) [CRLW-1344/2025]
SCC 241 and in the light of the same till the Act in this regard is
not made until then the appropriate directions can be passed by
this Court.
18. In the opinion of this Court, the menace posed by Khap
Panchayats necessitates not only judicial vigilance but also
legislative intervention. The existing legal framework, though
robust in theory, appears to be inadequate in effectively curbing
the pernicious influence of such bodies in practice. It is, therefore,
felt to be the need of the hour that the legislature contemplates
the enactment of a specific law aimed at regulating and, where
necessary, prohibiting the functioning of such extra-constitutional
assemblies. Only through a combination of constitutional
enforcement, legal deterrence, social awareness, and institutional
accountability can this deep-rooted issue be addressed in its
entirety. Accordingly, this Court reiterates, in the firmest possible
terms, that constitutional supremacy is non-negotiable, and no
individual or collective can be permitted to usurp the authority of
law. Any such attempt must be met with the full force of
constitutional mandate, ensuring that the rule of law prevails over
the rule of men. Simultaneously, law enforcement agencies must
remain vigilant. Preventive measures, including regular patrolling
and prompt intervention upon receipt of information regarding
such assemblies, are imperative. In cases where such gatherings
persist and attempt to enforce illegal diktats, the State machinery
must act with alacrity. Registration of FIRs, initiation of criminal
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proceedings, and, where necessary, detention of those responsible
must follow as a matter of course.
19. This Court is of the further view that directing the competent
authorities to perform their duties strictly in accordance with the
existing statutory framework, including taking preventive and
prosecutorial measures against such unlawful acts, the issuance of
appropriate directions or guidelines within the four corners of law
would not amount to judicial legislation. However, the source of
such power requires due consideration. While in exercise of
statutory jurisdiction, this Court may be circumspect in issuing
directions of a general nature beyond the lis involved, such
directions can, in appropriate cases, be traced to and sustained
under the public law jurisdiction of this Court under Article 226 of
the Constitution of India. It is further observed that the issue at
hand, being of a serious societal concern, warrants a
comprehensive legislative framework, and this Court may
appropriately draw the attention of the law-making authorities to
the urgency of enacting suitable law in this regard. At the same
time, in the absence of such legislation, this Court cannot, by way
of guidelines, create or incorporate punitive provisions, as the
same would fall within the exclusive domain of the legislature.
Nevertheless, this Court is of the considered opinion that it is well
within its jurisdiction to direct the appropriate executive
authorities to frame and implement necessary guidelines,
consistent with the existing legal regime, so as to ensure effective
enforcement of preventive measures and the consequences
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[2026:RJ-JD:16775] (62 of 69) [CRLW-1344/2025]
flowing from violations thereof. Accordingly, while maintaining the
delicate balance between judicial restraint and constitutional duty,
this Court deems it appropriate to issue such directions to secure
effective compliance, uphold the rule of law, and ensure that the
fundamental rights of the citizens are not rendered illusory.
THOUGHT OF THIS COURT
20. The absence of a specific statutory provision has resulted in
a palpable vacuum in the legal framework, leaving the prosecuting
agency and the police authorities in a state of uncertainty as to
the precise provision under which such acts are to be registered,
investigated and brought to trial. This assumes greater
significance in light of the categorical pronouncement of the
Hon’ble Apex Court in Shakti Vahini (supra), wherein such extra-
legal diktats have been declared to be wholly illegal and directions
have been issued for immediate registration of FIRs against the
perpetrators. However, a pertinent and pressing question that
arises is, under which specific provision of law are such FIRs to be
registered? It is to be noted that though the Hon’ble Supreme
Court has indicated certain provisions of the IPC yet in practical
application, it is frequently observed that the acts complained of
do not strictly satisfy the essential ingredients of the said
offences. Consequently, the law enforcement machinery is left
constrained, and at times, incapacitated in effectively prosecuting
the offenders. Mere declaration of such acts as “illegal” without a
corresponding, clearly defined statutory offence and an effective
prosecutorial mechanism renders the enforcement largely illusory.
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[2026:RJ-JD:16775] (63 of 69) [CRLW-1344/2025]
The rule of law does not countenance symbolic recognition of a
wrong; it mandates the existence of a definite, enforceable and
efficacious remedy. Unless the perpetrators are made amenable to
strict prosecution culminating in deterrent punishment, and unless
the victims are provided with tangible remedies, including
compensation for the civil wrong and violation of dignity suffered
by them, the constitutional promise remains unfulfilled. The
legislative response to comparable social evils, such as sati, dowry
and atrocities against members of Scheduled Castes and
Scheduled Tribes has been to enact special statutes, providing for
clearly defined offences, stringent penal consequences and victim-
centric safeguards.
20.1 On similar lines, the State of Maharashtra has enacted a
specific law to curb the menace of social boycott, thereby creating
a concrete framework for both prosecution and redressal.
Considering that such pernicious practices are stated to be more
prevalent in the State of Rajasthan, the absence of a
corresponding enactment leaves a significant and concerning gap
in the legal regime.
20.2 In the considered opinion of this Court, so long as a specific
offence, with clearly delineated ingredients and proportionate
punishment, is not engrafted into the statute book, the menace of
extra-legal diktats and social boycott would continue to evade
effective control. Accordingly, this Court deems it imperative to
observe that there exists an urgent and compelling necessity for
the legislature to step in and enact a comprehensive and robust
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law addressing the issue in its entirety, one which not only
prescribes penal consequences for the perpetrators but also
incorporates adequate compensatory and rehabilitative
mechanisms for the victims, so as to truly uphold the dignity,
liberty and fundamental rights guaranteed under the Constitution.
DIRECTIONS
A. General Compliance with Supreme Court Directions
21. This Court has carefully gone through the directions issued by
the Hon’ble Supreme Court in Shakti Vahini (supra) and finds
itself in complete consonance with the same.
21.1 Accordingly, it is directed that the concerned authorities,
including the District Magistrates/Collectors, Superintendents of
Police, Station House Officers, as well as the officials of local self-
government bodies such as Panchayats and Municipalities, shall
strictly adhere to and implement the preventive, remedial and
punitive measures as delineated by the Hon’ble Apex Court.
21.2 Any deviation or non-compliance with the aforesaid directions
shall be viewed seriously and may invite appropriate proceedings
for contempt for disobedience of the orders of the Hon’ble
Supreme Court.
B. District-Level Institutional Mechanism and Monitoring
22. In order to effectively curb and cripple down this menace, this
Court deems it appropriate to direct that the State shall designate
a Nodal Officer at the District level, who shall function in close
coordination with the District Collector, Superintendent of Police,
local police machinery, and representatives of Panchayati Raj
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Institutions as well as Municipal Bodies, so as to maintain constant
vigil over such unlawful activities.
22.1 The said Nodal Officer shall ensure prompt and timely
reporting of any such incident to the designated State-level
authority, which shall, in turn, monitor compliance and take
necessary steps in accordance with law.
22.2 It is further directed that the office of such institutional
mechanism/Special Cell shall be made easily accessible to the
victims, ensuring that any aggrieved person can approach the
authorities without any impediment or delay.
22.3 Upon receipt of any complaint, the concerned authority shall
forthwith conduct a preliminary inquiry and prepare a detailed
report, which shall be duly communicated to the Superintendent
of Police as well as the District Magistrate for initiating appropriate
action in accordance with law.
22.4 The said office shall maintain a systematic,
contemporaneous, and duly documented record of all complaints
received, the nature of allegations, and the action taken thereon.
A proper account shall be preserved reflecting the number of
complaints received over a specified period, particularly on an
annual basis, so as to assess the magnitude, frequency, and
pattern of such incidents.
C. State-Level Centralized Monitoring Mechanism
22.5 Furthermore, at the State level, a centralized
mechanism/office shall be established for maintaining consolidated
data pertaining to such cases. The said authority shall compile,
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analyse, and preserve records indicating the number of incidents
reported from various districts relating to acts of cruelty,
harassment, or other allied offences. Such centralized data shall
facilitate effective monitoring, informed policy formulation, and
implementation of corrective and preventive measures so as to
curb such unlawful practices in their entirety.
D. Directions Regarding Pending Cases and Investigation
23. So far as the petitions pending before this Court are
concerned, and having regard to the nature of the issues raised
and the concerns highlighted herein, this Court deems it
appropriate to issue the following directions:-
(I) The Director General of Police, Rajasthan, Jaipur, is hereby
directed to depute a senior and responsible officer not below the
rank of Additional Superintendent of Police, who shall take over all
the concerned FIRs and conduct an independent, fair, and
comprehensive investigation therein. The said officer shall ensure
that the investigation is carried out in a holistic manner so as to
unearth the true nature and extent of the alleged societal
malfeasance, which may not be effectively discernible if the cases
are investigated in isolation by different officers.
(II) The investigating officer shall conclude the investigation in
each case expeditiously within a period of 90 days, and shall
submit appropriate reports before the jurisdictional courts strictly
in accordance with law, be it in the form of charge-sheet, final
report, or closure report, as the facts and evidence may warrant in
each individual case. It is further directed that each case shall be
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[2026:RJ-JD:16775] (67 of 69) [CRLW-1344/2025]dealt with on its own merits, and the investigation therein shall be
conducted with due sensitivity towards the grievances of the
victims. The authorities concerned shall ensure that all lawful
measures are undertaken and appropriate orders are passed in
accordance with law, so as to effectively address the concerns and
observations noted by this Court.
(III) Additionally, the said officer shall prepare a comprehensive
and separate report encapsulating the broader issues, patterns,
and concerns emerging from such investigations, and submit the
same to the Director General of Police. The Director General of
Police shall, in coordination with the Home Secretary, place the
said report before the Chief Secretary, Government of Rajasthan,
for appropriate consideration and necessary action at the policy
level.
E. Directions to the State Government – Policy Framework
24. In view of the comprehensive report submitted and the issues
emerging therefrom, and in order to ensure a structured, uniform,
and effective response to such incidents, this Court deems it
appropriate to direct the State Government to take necessary
steps towards formulation of an appropriate policy framework.
24.1 Accordingly, the State Government, through the Home
Department, is directed to consider and formulate a
comprehensive policy dealing with the prevention, prohibition, and
redressal of incidents involving unlawful assemblies, coercive
social practices, and allied offences, keeping in view the principles
laid down by the Hon’ble Supreme Court in Shakti Vahini (supra).
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24.2 The said policy shall, inter alia, provide for preventive,
remedial, and punitive measures to be undertaken by the
authorities and clearly defined roles and responsibilities of District
Magistrates, Superintendents of Police, Station House Officers, and
other concerned officials so also mechanisms for inter-
departmental coordination and timely response.
F. Standard Operating Procedure (SOP) – Operational
Directions
24.3 The State Government is further directed to frame a
Standard Operating Procedure (SOP) to operationalize the
aforesaid policy, delineating step-by-step procedures to be
followed by the field-level functionaries upon receipt of any
information or complaint regarding such incidents.
24.4 The SOP shall specifically include:-
(i) A prompt response protocol, including immediate preventive
steps;
(ii) Time-bound registration of FIRs and initiation of legal action, in
accordance with law;
(iii) Measures for victim protection, assistance, and access to
remedies;
(iv) Reporting and documentation requirements to ensure
accountability and transparency.
24.5 The State Government shall endeavour to finalize the
aforesaid policy and SOP within a reasonable period of time.
24.6 It is further directed that, upon formulation, the policy and
SOP shall be circulated widely to all concerned authorities and
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shall be given due publicity, so as to ensure awareness, effective
implementation, and strict compliance at all levels.
G. Final Disposition
25. With the aforesaid directions, the present writ petitions and
misc. petitions are disposed of.
26. Stay petition and all pending applications are also disposed of.
SUGGESTION
27. This Court also expects the State to remain alive to the
gravity of the situation and to take expeditious steps towards
enacting a comprehensive legislative framework to address and
regulate such issues effectively. It is suggested that the State may
consider bringing forth a comprehensive and codified legal
framework, incorporating appropriate penal provisions, to
expressly criminalize the issuance, enforcement, or abetment of
such diktats of social and economic boycott, including prohibitions
relating to sale, purchase, trade, business, transactions,
accommodation, facilities, services, social interaction, and all
forms of association. The matter deserves earnest deliberation at
the legislative level so as to ensure that no citizen is subjected to
such unlawful exclusion or deprivation under the coercive dictates
of extra-constitutional bodies. The State is accordingly expected to
take note of this concern and to consider appropriate measures in
accordance with law.
(FARJAND ALI),J
235-Mamta/-
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