Regarding caste panchayats (just like khap) in Rajasthan
Sir, i belong to a village in Rajasthan. At present i am working as Examiner of Patents & Designs (Group 'A' Gazetted) in Indian Patent Office . A Caste Panchayat in my village is terrorizing my family to accept its decision in a property dispute . Other party in the case has their relatives in the caste panchayat as influential members . These members are biased and have their vested interest . This trend of terrorizing the people by caste panchayat has been continuous for long time. The common punishment given by panchayat is the ousting the family/party to any case from the Caste if this party fails to submit to the panchayat order. The character of the Panchayat is feudal .My family may be the latest victim and i know these Kangaroo courts (caste panchayats ) have been declared illegal by Supreme court of India. I want to eliminate this caste panchayat completely (and the self claimed privilege of the self claimed judges ).Sir , what would be the procedure? Can i directly approach High Court?Does the ousting from Caste amount violation of Fundamental Rights?
Asked 3 years ago in Constitutional Law from Kolkata, West Bengal
1) refuse to accept the decision of caste panchayat on property dispute
2) lodge police complaint against members of caste panchayat for criminal intimidation .
3) if cops refuse to take action lodge complaint with magistrate under section 156( 3) to direct cops to investigate and submit report .
1. Panchayat system should be abolished. A panchayat is not a court of law. It cannot bind any one to accept its decision. It has no authority of law to pass a judgment on property matters. Hence, its decision is a nullity.
2. You have the right to move to court to protect your proprietary rights.
3. File a police complaint against panchayat members for intimidating you to accept its decision. If police takes no action then file a case directly in court against panchayat.
1. First lodge complaint with Police authorities and district collector against such atrocities.
2. They are unlikely to act against the Khap.
3. Then go to high court under Artcile 226 of the Constitution of India for issuance of Writ of Mandamus. Under this writ jurisdiction the high court has enormous power to pass any direction for causing substantive justice.
4. Do not go to supreme court directly. Try to publicise this case once it is filed.
File complaint with police and district authorities against such panchayat and their illegal activities. If no action is taken then move to Magistrate court for lodging FIR alternatively move High Court through writ petition.You will get the justice from High Court.
Advocate, New Delhi
Thank you very much all of You.
So in this case can i directly approach collector/SP ?
Asked 3 years ago
thanks for your appreciation . you have to lodge police complaint in local police station . forward copy to SP . if no action taken act as advised earlier
You may directly approach the District Collector/SP, albeit the efficacious remedy is before a court of law.