Kaithal honour killing case
Encyclopedia
The Manoj-Babli honour killing case was the honour killing of Indian newly-weds Manoj Banwala and Babli in June 2007 and the successive court case which historically convicted defendants for an honor killing. The killing was ordered by a khap
panchayat (khap), a religious caste
-based council among Jaats, in their Karora village in Kaithal district
, Haryana
.
The khap passed a decree
prohibiting marriage against societal norms
. Such caste-based councils are common in the inner regions of several Indian states, including Haryana
, western Uttar Pradesh
, and parts of Rajasthan
, and have been operating with government approval for years. In any event, the state government expressed no concern about the ruling of the khap panchayat.
Manoj and Babli belonged to the Banwala gotra
, a Jat community, and were therefore considered to be siblings despite not being directly related. As a result any union between them would be invalid and incestuous according to the Dharmaśāstra
, a Hindu text of conduct and law. Nevertheless the couple went ahead with their marriage, following which they were abducted and killed by Babli's relatives.
In March 2010 a Karnal
district court sentenced the five perpetrators to be executed, the first time an Indian court had done so in an honour killing case. The khap head who ordered but did not take part in the killings received a life sentence
, and the driver involved in the abduction a seven-year prison term. According to Home Minister
P. Chidambaram
, the UPA
-led central government
was to propose an amendment to the Indian Penal Code
(IPC) in response to the deaths of Manoj and Babli, making honour killings a "distinct offense".
. Manoj's mother, Chanderpati Berwal, had four children, of which Manoj was the eldest. Chanderpati was widowed at the age of 37, when Manoj was only 9. Manoj owned an electronics repair shop at Kaithal and was the only member of his family receiving income. Manoj's cousin, Narender, lived with the family and worked in Panchkula
.
Babli's mother, Ompati, also had four children, including eldest son, Suresh, and Babli. Like Manoj, Suresh was the only earning member of the family. Babli was still studying in school. Ompati is a widow.
Two years later, on 5 April 2007, Chanderpati last saw Manoj. "He ate his food and left to sleep at the shop since he had a class XII compartment exam in English to take the next day. Unlike other days, next morning, he did not show up." The following day Babli's uncle arrived to speak with Manoj. According to Chanderpati, "He said he had come to recover some money that Manoj had borrowed, had tea and left when I told him that Manoj was away for an exam. We only discovered late in the evening that Babli, too, was missing and the two had run away." Manoj had eloped with Babli to Chandigarh
and married her on 7 April at a Durga
temple, their commitment to one another transcending their willingness to abide by the societal norms.
Furious with the marriage, Babli's family asked for intervention from the local khap panchayat, which annulled the marriage. The khap also announced a social boycott on Manoj's family. Anyone who kept ties with them would be fined ₨25,000. Ompati tried to persuade her family that Babli did nothing dishonorable and that she and Manoj would move back home soon.
(FIR) against Manoj and his family for kidnapping Babli. On 15 June Manoj went to court with Babli, testifying that they had married in conformity with the law and that he did not kidnap Babli. The judge ordered police protection for the two. Chandrapati did not attend the trial so that Babli's family would not be aware that Manoj and Babli were in town.
After the trial, Manoj and Babli, accompanied by a team of five police officers assigned to them for protection, left for Chandigarh. The police left them at Pipli and slipped away. Suspecting foul play, Manoj and Babli did not continue toward Chandigarh, instead boarding a bus for Karnal. According to a statement filed by Chanderpati, later that day, around 3:40 p.m, she received a call from a Pipli telephone booth from Manoj, who said that the police had deserted them, and Babli's family members were trailing them, so they would try to take a bus to Delhi
and call her back later. Babli asked for acceptance from Chanderpati, who replied affirmatively. This was the last time Manoj's family heard from the couple.
On 20 June Chanderpati's complaint regarding the kidnapping was filed as an FIR at the Bhutana police station following media pressure on the police.
SUV driven by Mandeep Singh. Kuldip Thekedar, a road contractor, witnessed the kidnapping and filed a complaint at the Butana police station in Karnal district, giving the licence plate
number of the Scorpio. Later, Chanderpati ascribed the murder to the unauthorised withdrawal of the couple's security team ignoring the orders given by the district and sessions judge (DSJ) of Kaithal. Upon receiving no further news, Chanderpati's nephew, Narendra Singh traced the contractor, and after he was shown a photo of the couple, the contractor recognised the couple. The family then understood that Manoj and Babli were the victims of the kidnapping.
After the kidnapping, the couple were beaten. Babli's brother Suresh forced her to consume pesticide, while four other family members pushed Manoj to the ground, her uncle Rajinder pulling a noose
around Manoj's neck and strangling him in front of Babli. They wrapped the bodies in gunny sack
s and dumped them in Barwala Link Canal in Hisar district
. On 23 June, nine days later, their mutilated bodies, hands and feet tied, were fished out of the canal by Kheri Chowki police. After autopsy
, police preserved Manoj's shirt and Babli's anklet and cremated the bodies as unclaimed on 24 June. On 1 July the family identified them by the remnants of their clothing. The accused were subsequently arrested.
Police discovered a number of articles in the Scorpio used to kidnap the couple—parts of Babli's anklet, two buttons from Manoj's shirt, and torn photographs of the couple. Manoj's purse was found on one of the accused.
Sunil Rana and lawyers Lal Bahadur, Surat Singh, Cornel Omparkash, and Rakesh Manjhu from HIsar, Haryana. Bahadur argued that the couples' clothes recovered from the canal and photographs from the Scorpio established that day's happenings. Bahadur also cited the contractor's statement and the last phone call from Manoj, in which Manoj had related that Babli's relatives were trailing them. However, the contractor "turned hostile" and withdrew his statement.
Arguing for the defence was lawyer Jagmal Singh. He asserted that there was no evidence against the accused and that it was all contrived by the media, no evidence that the khap panchayat ever met to discuss the fate of the couple, and no evidence indicating that Manoj and Babli were dead. The cremated bodies recovered from the canal were never confirmed to be those of Manoj and Babli.
On 29 March 2010, after 33 months of 50 hearings with 41 witnesses, the karnal
District court found the accused guilty of murder, kidnapping, conspiracy, and destroying evidence under respective sections in the IPC. The next day, 30 March, for the first time in Haryana state history, a death penalty verdict was announced in the double murder
case for the five accused. All were related to Babli, and included her brother Suresh, cousins Gurdev and Satish, paternal uncle Rajender, and maternal uncle Baru Ram. The leader of the khap panchayat Ganga Raj (52), Babli's grandfather, was given a life sentence for conspiracy, while the driver, Mandeep Singh, held guilty of kidnapping, was given a jail term of seven years. The court asked the Haryana government to provide a compensation of ₨100,000 to Chanderpati, who had filed the case. Ganga Raj was fined ₨16,000, and the other six convicts ₨6,000 each.
The court also accused six police personnel of dereliction of duty and directed the SSP of Kaithal to take action against them. The personnel included head constable Jayender Singh, sub-inspector Jagbir Singh, and the members of the escort party provided to the couple. They claimed that the couple wanted them to leave. The SSP's statement was that "[i]t is correct that the deceased couple had given in writing not to take police security any further, but Jagbir Singh was well aware that there was a threat to their lives from the relatives of the girl." The report stated that Jayender informed Gurdev Singh of the location of the police and that of Manoj and Babli over his mobile phone. Jayender was dismissed from the police force, and both he and Jagbir were penalised by a cut of two increments.
In her verdict, district judge Vani Gopal Sharma stated, "This court has gone through sleepless nights and tried to put itself in the shoes of the offenders and think as to what might have prompted them to take such a step." "Khap panchayats have functioned contrary to the constitution, ridiculed it and have become a law unto themselves."
Bahadur was satisfied with the decision, "Out of seven accused, five have been given death sentences. This will send a strong message to the public that law is greater than the khap." However, he was disappointed that "the leader [Ganga Raj] got away with death penalty because he intentionally disappeared during the killing." Narendra said, "We will appeal in High Court for death penalty to the main accused, Ganga Raj. We respect the court's decision but he should be punished so that the instigators of the crime get the punishment. Also it is important that it is a very clear message so that no khap gives such directions, ever." Seema seconded Narendra's concerns, "We would have been happier if the main accused was also given the death sentence. The decision of the panchayat was not justified and people should not to be allowed to misuse their power. We have fought this battle alone when no one was supporting us." She requested more security for her family, "They tried to bribe us to withdraw the case then they threatened that they would kill us if we didn't withdraw the FIR. Even after the decision we're afraid of a backlash from the Khap Panchayat."
Surat Singh, director of the Haryana Institute of Rural Development in Nilokheri
, anticipated that the verdict will end the diktats of khap panchayats. The khaps had never worried before because their "political bosses refrained from acting against them. With this verdict, those who try to impose a medieval order on society will think twice". Political analyst Ranbir Singh agreed that the judgement will "act as a deterrent". Additional Advocate General Arun Walia hailed the decision: "before passing ruthless judgments, the members will surely take note of this decision".
The honour killing inspired Ajay Sinha to produce a film titled Khap—A Story Of Honour Killing starring Om Puri
, Yuvika Chaudhary
, Govind Namdeo
, Anuradha Patel
, and Mohnish Behl
, to raise awareness about the khaps diktats. It will cost ₨25–30 million and was expected to enter theatres by late July 2010. Sinha claimed that the film is based on not one distinct killing but many. He considered the film "a protest against such traditions and practice". For research, Sinha had visited Haryana and spoken to khap members.
headline hailed Chanderpati, who struggled years for justice, as "Mother Courage" for having done "what even top politicians and bureaucrats have shied away from doing—taken on the dreaded khap panchayats." Chanderpati now lives with her two daughters and remaining son under the protection of two policemen. She withdrew her daughter Rekha from public school and sent Vinod to a school in another district. Chanderpati also reported threats from villagers, "The villagers have threatened to eliminate us. I am enemy number one and my son is a culprit. We've been told our ordeal can end if we withdraw the police case but we refused. So, the nightmare continues."
Chanderpati has stated she intends to continue until Ganga Raj is sentenced to death: "Our fight has not ended here. We will not rest till he [Ganga Raj] also gets the death penalty." The khap panchayats remain defiant even after the verdict. "The verdict has done justice to my son's death, but it has not changed the way the village works," Chanderpati said. "I am fighting but my son died only because the girl’s male relatives could kill their own sister. Families allow themselves to be instigated. As long as men can kill their own daughters, what change will there be?"
, a city near Chandigarh. She requested this shortly after her verdict was denounced vehemently by the khap panchayats. The police chief of Karnal district, Rakesh Kumar Arya, claimed that Sharma did not complain about inadequate security. "There is no truth in reports that Karnal's Additional District Sessions Judge wants to move out of the district on account of inadequate security," he said. "I don't know whether any such request was made, but it looks unlikely."
to challenge the court verdict and support those sentenced to death in the case. They planned to raise money for the families of the convicts to hire top lawyers for the appeal. Each family in Haryana that was part of a khap panchayat was to contribute ₨10. They also demanded that the Hindu Marriage Act
be amended to ban same-gotra marriages.
The khaps threatened to boycott any MP
and assembly member from Haryana who did not back the khaps request. They also blocked the Kurukshetra-Kaithal highway in protest.
Dissatisfied with the decision at the April meeting, the maha khap panchayat called another meeting on 23 May in Jind
to discuss their plans.
es (village heads) supporting these councils were suspended. Top Jat leader and former minister Shamsher Singh Surjewala
said, "The diktats and fatwas issued by so-called gotra khaps on breaking of marriages and other similar issues would lead to Talibanization of society as such decisions were illegal and against the constitution."
On 5 August 2010, in a Parliament
session, Chidambaram proposed a bill that included "public stripping of women and externment of young couples from villages and any 'act which is humiliating will be punished with severity in the definition of honour killing and that would "make khap-dictated honour killings a distinct offence so that all those who participate in the decision are liable to attract the death sentence". He insinuated that the proposed law would place the "onus of proof on the accused". A July 2010 The Times of India
article anticipated that the bill would not pass in the monsoon session of Parliament in the same year.
, Manoj's relatives - Seema and Chanderpati affirmed that they would challenge Ganga Raj's and Satish's acquittal in the Supreme Court
.
Khap
The Khap and Sarv Khap was a system of social administration and organization in the republics of Northwestern Indian states such as Haryana, Rajasthan and Uttar Pradesh since ancient times. Khap is a term for a social - political grouping and used in a geographical sense...
panchayat (khap), a religious caste
Caste system in India
The Indian caste system is a system of social stratification and social restriction in India in which communities are defined by thousands of endogamous hereditary groups called Jātis....
-based council among Jaats, in their Karora village in Kaithal district
Kaithal District
Kaithal district is one of the 21 districts of Haryana, state in northern India. Kaithal town is the district headquarters. The district occupies an area of 2317 km². It has a population of 946,131 . This district is part of Ambala Division....
, Haryana
Haryana
Haryana is a state in India. Historically, it has been a part of the Kuru region in North India. The name Haryana is found mentioned in the 12th century AD by the apabhramsha writer Vibudh Shridhar . It is bordered by Punjab and Himachal Pradesh to the north, and by Rajasthan to the west and south...
.
The khap passed a decree
Decree
A decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
prohibiting marriage against societal norms
Norm (sociology)
Social norms are the accepted behaviors within a society or group. This sociological and social psychological term has been defined as "the rules that a group uses for appropriate and inappropriate values, beliefs, attitudes and behaviors. These rules may be explicit or implicit...
. Such caste-based councils are common in the inner regions of several Indian states, including Haryana
Haryana
Haryana is a state in India. Historically, it has been a part of the Kuru region in North India. The name Haryana is found mentioned in the 12th century AD by the apabhramsha writer Vibudh Shridhar . It is bordered by Punjab and Himachal Pradesh to the north, and by Rajasthan to the west and south...
, western Uttar Pradesh
Uttar Pradesh
Uttar Pradesh abbreviation U.P. , is a state located in the northern part of India. With a population of over 200 million people, it is India's most populous state, as well as the world's most populous sub-national entity...
, and parts of Rajasthan
Rajasthan
Rājasthān the land of Rajasthanis, , is the largest state of the Republic of India by area. It is located in the northwest of India. It encompasses most of the area of the large, inhospitable Great Indian Desert , which has an edge paralleling the Sutlej-Indus river valley along its border with...
, and have been operating with government approval for years. In any event, the state government expressed no concern about the ruling of the khap panchayat.
Manoj and Babli belonged to the Banwala gotra
Gotra
In the Hindu society, the term Gotra broadly refers to people who are descendants in an unbroken male line from a common male ancestor. Panini defines gotra for grammatical purposes as apatyam pautraprabhrti gotram , which means "the word gotra denotes the progeny beginning with the son's son"...
, a Jat community, and were therefore considered to be siblings despite not being directly related. As a result any union between them would be invalid and incestuous according to the Dharmaśāstra
Dharmasastra
Dharmaśāstra is a genre of Sanskrit texts and refers to the śāstra, or Indic branch of learning, pertaining to Hindu dharma, religious and legal duty. The voluminous textual corpus of Dharmaśāstra is primarily a product of the Brahmanical tradition in India and represents the elaborate scholastic...
, a Hindu text of conduct and law. Nevertheless the couple went ahead with their marriage, following which they were abducted and killed by Babli's relatives.
In March 2010 a Karnal
Karnal
Karnal is an important city and the headquarters of Karnal District in the Indian state of Haryana.Karnal is said to have been founded by the Kauravas in the Mahabharata era for the king Karna, a mythological hero and a key figure in the epic tale...
district court sentenced the five perpetrators to be executed, the first time an Indian court had done so in an honour killing case. The khap head who ordered but did not take part in the killings received a life sentence
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
, and the driver involved in the abduction a seven-year prison term. According to Home Minister
Minister for Home Affairs (India)
The Home Minister, or more properly the Minister for Home Affairs, is a position in the Indian Cabinet, at both State and Union levels. The Home Ministry is one of the most important, powerful and high profile ministry after the Prime Minister...
P. Chidambaram
P. Chidambaram
P. Chidambaram or Chidambaram Palaniappan, sometimes written Palaniappan Chidambaram is an Indian politician with the Indian National Congress and present Union Minister of Home Affairs of the Republic of India. Previously he was the Finance Minister of India from May 2004 to November 2008...
, the UPA
United Progressive Alliance
The United Progressive Alliance is a ruling coalition of center-left political parties heading the government of India. The coalition is led by the Indian National Congress , which is currently the single largest political party in the Lok Sabha...
-led central government
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...
was to propose an amendment to the Indian Penal Code
Indian Penal Code
Indian Penal Code is the main criminal code of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law. It was drafted in 1860 and came into force in colonial India during the British Raj in 1862...
(IPC) in response to the deaths of Manoj and Babli, making honour killings a "distinct offense".
Background
Manoj's and Babli's families lived in KaithalKaithal
Kaithal is a city and a municipal council in Kaithal district in the Indian state of Haryana. Kaithal was previously a part of Karnal District and later, Kurukshetra District until 1 November 1989, when it became the headquarters of the Kaithal District of Haryana. Kaithal shares common boundary...
. Manoj's mother, Chanderpati Berwal, had four children, of which Manoj was the eldest. Chanderpati was widowed at the age of 37, when Manoj was only 9. Manoj owned an electronics repair shop at Kaithal and was the only member of his family receiving income. Manoj's cousin, Narender, lived with the family and worked in Panchkula
Panchkula
Panchkula is a planned city in Panchkula district, Haryana, India. It is a satellite city of the Union Territory of Chandigarh. It also shares seamless border with Mohali district in Punjab. The prestigious Chandimandir Cantonment Headquarters of the Indian Army Western Command, is also located in...
.
Babli's mother, Ompati, also had four children, including eldest son, Suresh, and Babli. Like Manoj, Suresh was the only earning member of the family. Babli was still studying in school. Ompati is a widow.
Development of the relationship and subsequent marriage
In 2005, Manoj and Babli began to show interest in each other. Manoj was two years older than Babli. All residents of their Karora village belong to the same caste of Banwala, a Jat community, and marrying within the caste is considered a sacrilege. Chanderpati recalled, "We knew about Babli long before they decided to marry each other. She would call up often and I would sermonize to her about staying away from Manoj, fearing the fallout of such an alliance. They were, however, unconcerned and chatted for hours together. If I did walk into the room while they were talking, Manoj would quickly disconnect the phone and run off to avoid any questioning." She continued, "I even went to Babli's house and told her mother that Manoj and Babli were seeing each other. I asked her to dissuade Babli or quickly marry them before the word spread."Two years later, on 5 April 2007, Chanderpati last saw Manoj. "He ate his food and left to sleep at the shop since he had a class XII compartment exam in English to take the next day. Unlike other days, next morning, he did not show up." The following day Babli's uncle arrived to speak with Manoj. According to Chanderpati, "He said he had come to recover some money that Manoj had borrowed, had tea and left when I told him that Manoj was away for an exam. We only discovered late in the evening that Babli, too, was missing and the two had run away." Manoj had eloped with Babli to Chandigarh
Chandigarh
Chandigarh is a union territory of India that serves as the capital of two states, Haryana and Punjab. The name Chandigarh translates as "The Fort of Chandi". The name is from an ancient temple called Chandi Mandir, devoted to the Hindu goddess Chandi, in the city...
and married her on 7 April at a Durga
Durga
For the 1985 Hindi Film of Rajesh Khanna see DurgaaIn Hinduism, Durga ; ; meaning "the inaccessible" or "the invincible"; , durga) or Maa Durga "one who can redeem in situations of utmost distress" is a form of Devi, the supremely radiant goddess, depicted as having eighteen arms, riding a lion...
temple, their commitment to one another transcending their willingness to abide by the societal norms.
Furious with the marriage, Babli's family asked for intervention from the local khap panchayat, which annulled the marriage. The khap also announced a social boycott on Manoj's family. Anyone who kept ties with them would be fined ₨25,000. Ompati tried to persuade her family that Babli did nothing dishonorable and that she and Manoj would move back home soon.
Court appearance
On 26 April Babli's family filed an First Information ReportFirst Information Report
A First Information Report or FIR is a written document prepared by the police in India, Pakistan and Japan when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First...
(FIR) against Manoj and his family for kidnapping Babli. On 15 June Manoj went to court with Babli, testifying that they had married in conformity with the law and that he did not kidnap Babli. The judge ordered police protection for the two. Chandrapati did not attend the trial so that Babli's family would not be aware that Manoj and Babli were in town.
After the trial, Manoj and Babli, accompanied by a team of five police officers assigned to them for protection, left for Chandigarh. The police left them at Pipli and slipped away. Suspecting foul play, Manoj and Babli did not continue toward Chandigarh, instead boarding a bus for Karnal. According to a statement filed by Chanderpati, later that day, around 3:40 p.m, she received a call from a Pipli telephone booth from Manoj, who said that the police had deserted them, and Babli's family members were trailing them, so they would try to take a bus to Delhi
Delhi
Delhi , officially National Capital Territory of Delhi , is the largest metropolis by area and the second-largest by population in India, next to Mumbai. It is the eighth largest metropolis in the world by population with 16,753,265 inhabitants in the Territory at the 2011 Census...
and call her back later. Babli asked for acceptance from Chanderpati, who replied affirmatively. This was the last time Manoj's family heard from the couple.
On 20 June Chanderpati's complaint regarding the kidnapping was filed as an FIR at the Bhutana police station following media pressure on the police.
Kidnapping and murder
The couple's bus left for Delhi, but en route at 4:30 p.m., Babli's relatives stopped the bus near Raipur Jatan village, about 20 kilometres (12.4 mi) from Pipli. They kidnapped the couple in a ScorpioMahindra Scorpio
The Mahindra Scorpio is a SUV manufactured by Mahindra & Mahindra Limited, the flagship company of the Mahindra Group. It was the first SUV from the company built for the global market...
SUV driven by Mandeep Singh. Kuldip Thekedar, a road contractor, witnessed the kidnapping and filed a complaint at the Butana police station in Karnal district, giving the licence plate
Vehicle registration plate
A vehicle registration plate is a metal or plastic plate attached to a motor vehicle or trailer for official identification purposes. The registration identifier is a numeric or alphanumeric code that uniquely identifies the vehicle within the issuing region's database...
number of the Scorpio. Later, Chanderpati ascribed the murder to the unauthorised withdrawal of the couple's security team ignoring the orders given by the district and sessions judge (DSJ) of Kaithal. Upon receiving no further news, Chanderpati's nephew, Narendra Singh traced the contractor, and after he was shown a photo of the couple, the contractor recognised the couple. The family then understood that Manoj and Babli were the victims of the kidnapping.
After the kidnapping, the couple were beaten. Babli's brother Suresh forced her to consume pesticide, while four other family members pushed Manoj to the ground, her uncle Rajinder pulling a noose
Noose
A noose is a loop at the end of a rope in which the knot slides to make the loop collapsible. Knots used for making nooses include the running bowline, the tarbuck knot, and the slip knot.-Use in hanging:...
around Manoj's neck and strangling him in front of Babli. They wrapped the bodies in gunny sack
Gunny sack
A gunny sack is an inexpensive bag made of burlap, also known as a 'gunny shoe'. Gunny sacks are traditionally used for transporting grains, potatoes, and other agricultural products. Today they are also sometimes used as sandbags for erosion control. They are usually made from jute or other...
s and dumped them in Barwala Link Canal in Hisar district
Hisar District
Hisar district is one of the 21 districts of Haryana state, India. Hisar city serves as the district headquarters. The district is also part of Hisar division, which is headed by a commissioner who belongs to the Indian Administrative Service....
. On 23 June, nine days later, their mutilated bodies, hands and feet tied, were fished out of the canal by Kheri Chowki police. After autopsy
Autopsy
An autopsy—also known as a post-mortem examination, necropsy , autopsia cadaverum, or obduction—is a highly specialized surgical procedure that consists of a thorough examination of a corpse to determine the cause and manner of death and to evaluate any disease or injury that may be present...
, police preserved Manoj's shirt and Babli's anklet and cremated the bodies as unclaimed on 24 June. On 1 July the family identified them by the remnants of their clothing. The accused were subsequently arrested.
Police discovered a number of articles in the Scorpio used to kidnap the couple—parts of Babli's anklet, two buttons from Manoj's shirt, and torn photographs of the couple. Manoj's purse was found on one of the accused.
Court judgement
No Karnal lawyer would adopt the case, so Manoj's family had to find lawyers from Hisar. Later on Adv. Sunil Rana from karnal accepted the case, arguing on their behalf public prosecutorProsecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
Sunil Rana and lawyers Lal Bahadur, Surat Singh, Cornel Omparkash, and Rakesh Manjhu from HIsar, Haryana. Bahadur argued that the couples' clothes recovered from the canal and photographs from the Scorpio established that day's happenings. Bahadur also cited the contractor's statement and the last phone call from Manoj, in which Manoj had related that Babli's relatives were trailing them. However, the contractor "turned hostile" and withdrew his statement.
Arguing for the defence was lawyer Jagmal Singh. He asserted that there was no evidence against the accused and that it was all contrived by the media, no evidence that the khap panchayat ever met to discuss the fate of the couple, and no evidence indicating that Manoj and Babli were dead. The cremated bodies recovered from the canal were never confirmed to be those of Manoj and Babli.
On 29 March 2010, after 33 months of 50 hearings with 41 witnesses, the karnal
Karnal
Karnal is an important city and the headquarters of Karnal District in the Indian state of Haryana.Karnal is said to have been founded by the Kauravas in the Mahabharata era for the king Karna, a mythological hero and a key figure in the epic tale...
District court found the accused guilty of murder, kidnapping, conspiracy, and destroying evidence under respective sections in the IPC. The next day, 30 March, for the first time in Haryana state history, a death penalty verdict was announced in the double murder
Double murder
Double murder is a term used to describe the act of unlawfully killing two people. This is commonly punished by back-to-back life sentences. It is possible but rare for a double-murder charge to be enforced in cases of homicide in which a pregnant woman is murdered, thereby killing her unborn...
case for the five accused. All were related to Babli, and included her brother Suresh, cousins Gurdev and Satish, paternal uncle Rajender, and maternal uncle Baru Ram. The leader of the khap panchayat Ganga Raj (52), Babli's grandfather, was given a life sentence for conspiracy, while the driver, Mandeep Singh, held guilty of kidnapping, was given a jail term of seven years. The court asked the Haryana government to provide a compensation of ₨100,000 to Chanderpati, who had filed the case. Ganga Raj was fined ₨16,000, and the other six convicts ₨6,000 each.
The court also accused six police personnel of dereliction of duty and directed the SSP of Kaithal to take action against them. The personnel included head constable Jayender Singh, sub-inspector Jagbir Singh, and the members of the escort party provided to the couple. They claimed that the couple wanted them to leave. The SSP's statement was that "[i]t is correct that the deceased couple had given in writing not to take police security any further, but Jagbir Singh was well aware that there was a threat to their lives from the relatives of the girl." The report stated that Jayender informed Gurdev Singh of the location of the police and that of Manoj and Babli over his mobile phone. Jayender was dismissed from the police force, and both he and Jagbir were penalised by a cut of two increments.
In her verdict, district judge Vani Gopal Sharma stated, "This court has gone through sleepless nights and tried to put itself in the shoes of the offenders and think as to what might have prompted them to take such a step." "Khap panchayats have functioned contrary to the constitution, ridiculed it and have become a law unto themselves."
Bahadur was satisfied with the decision, "Out of seven accused, five have been given death sentences. This will send a strong message to the public that law is greater than the khap." However, he was disappointed that "the leader [Ganga Raj] got away with death penalty because he intentionally disappeared during the killing." Narendra said, "We will appeal in High Court for death penalty to the main accused, Ganga Raj. We respect the court's decision but he should be punished so that the instigators of the crime get the punishment. Also it is important that it is a very clear message so that no khap gives such directions, ever." Seema seconded Narendra's concerns, "We would have been happier if the main accused was also given the death sentence. The decision of the panchayat was not justified and people should not to be allowed to misuse their power. We have fought this battle alone when no one was supporting us." She requested more security for her family, "They tried to bribe us to withdraw the case then they threatened that they would kill us if we didn't withdraw the FIR. Even after the decision we're afraid of a backlash from the Khap Panchayat."
Historical significance
The case was the first resulting in the conviction of khap panchayats and the first capital punishment verdict in an honour killing case in India. The Indian media and legal experts hailed it as a "landmark judgement", a victory over these infamous assemblies, which acted for years with impunity as parallel judicial bodies. Also, few honour killing cases went to court, and this was the first case in which the groom's family in an honour killing filed the case. In a statement to the press, Home Minister Chidambaram slammed the khap panchayats, asking tersely, "Who are these khap panchayats? Who gave them the right to kill in the name of honour?"Surat Singh, director of the Haryana Institute of Rural Development in Nilokheri
Nilokheri
Nilokheri is a city and a municipal committee in Karnal district in the Indian state of Haryana. The town is located about 145 km from Delhi on National Highway 1....
, anticipated that the verdict will end the diktats of khap panchayats. The khaps had never worried before because their "political bosses refrained from acting against them. With this verdict, those who try to impose a medieval order on society will think twice". Political analyst Ranbir Singh agreed that the judgement will "act as a deterrent". Additional Advocate General Arun Walia hailed the decision: "before passing ruthless judgments, the members will surely take note of this decision".
The honour killing inspired Ajay Sinha to produce a film titled Khap—A Story Of Honour Killing starring Om Puri
Om Puri
Om Puri is an Indian actor who has appeared in both mainstream Indian films and art films. His credits also include appearances in British and American films. He has received an honorary OBE.-Early life:...
, Yuvika Chaudhary
Yuvika Chaudhary
Yuvika Chaudhary is an Indian actress. She was born in Baraut, Uttar Pradesh into a middle class family.She has appeared in Bollywood films such as Om Shanti Om, Summer 2007 and Toh Baat Pakki. She also acted in a Kannada film Maleyali Jotheyali.-Career:Yuvika participated in Zee Cine Stars Ki Khoj...
, Govind Namdeo
Govind Namdeo
Govind Namdeo is an Indian film actor. Govind made his debut as a corrupt cop in David Dhawan's Shola Aur Shabnam . He has acted in numerous A grade movies...
, Anuradha Patel
Anuradha Patel
-Early life:She was born in Mumbai. She is the maternal grand daughter of famous Hindi actor Ashok Kumar.-Personal life:She is married to actor Kanwaljit Singh. They have two sons Sidharth and Aaditya and a god-daughter, Mariam, who resides in the United States....
, and Mohnish Behl
Mohnish Behl
Mohnish Bahl Mohnish Bahl Mohnish Bahl (Hindi: मोह्निश बहल,(born 14 February 1963) is an Indian actor working in the Bollywood film industry. He is currently playing the role of Dr. Ashutosh in the show Kuch Toh Log Kahenge-Personal life:...
, to raise awareness about the khaps diktats. It will cost ₨25–30 million and was expected to enter theatres by late July 2010. Sinha claimed that the film is based on not one distinct killing but many. He considered the film "a protest against such traditions and practice". For research, Sinha had visited Haryana and spoken to khap members.
Chanderpati
Days after the verdict, a The Times of IndiaThe Times of India
The Times of India is an Indian English-language daily newspaper. TOI has the largest circulation among all English-language newspaper in the world, across all formats . It is owned and managed by Bennett, Coleman & Co. Ltd...
headline hailed Chanderpati, who struggled years for justice, as "Mother Courage" for having done "what even top politicians and bureaucrats have shied away from doing—taken on the dreaded khap panchayats." Chanderpati now lives with her two daughters and remaining son under the protection of two policemen. She withdrew her daughter Rekha from public school and sent Vinod to a school in another district. Chanderpati also reported threats from villagers, "The villagers have threatened to eliminate us. I am enemy number one and my son is a culprit. We've been told our ordeal can end if we withdraw the police case but we refused. So, the nightmare continues."
Chanderpati has stated she intends to continue until Ganga Raj is sentenced to death: "Our fight has not ended here. We will not rest till he [Ganga Raj] also gets the death penalty." The khap panchayats remain defiant even after the verdict. "The verdict has done justice to my son's death, but it has not changed the way the village works," Chanderpati said. "I am fighting but my son died only because the girl’s male relatives could kill their own sister. Families allow themselves to be instigated. As long as men can kill their own daughters, what change will there be?"
Vani Gopal Sharma
Judge Vani Gopal Sharma has supposedly been receiving threats since her verdict in the case. The High Court had directed adequate security to be provided to her, but later she again informed the High Court of the failure to increase security. She sought transfer to PanchkulaPanchkula
Panchkula is a planned city in Panchkula district, Haryana, India. It is a satellite city of the Union Territory of Chandigarh. It also shares seamless border with Mohali district in Punjab. The prestigious Chandimandir Cantonment Headquarters of the Indian Army Western Command, is also located in...
, a city near Chandigarh. She requested this shortly after her verdict was denounced vehemently by the khap panchayats. The police chief of Karnal district, Rakesh Kumar Arya, claimed that Sharma did not complain about inadequate security. "There is no truth in reports that Karnal's Additional District Sessions Judge wants to move out of the district on account of inadequate security," he said. "I don't know whether any such request was made, but it looks unlikely."
Khap protests
A maha khap panchayat (grand caste council) representing 20 khap panchayats of Haryana, Uttar Pradesh, and Rajasthan held a meeting on April 13, 2010, in KurukshetraKurukshetra
Kurukshetra is a land of historical and religious importance. Historically the land belonged to Punjab now a district in Haryana state of India. It is a holy place and is also known as Dharmakshetra . According to the Puranas, Kurukshetra is named after King Kuru, the ancestor of Kauravas and...
to challenge the court verdict and support those sentenced to death in the case. They planned to raise money for the families of the convicts to hire top lawyers for the appeal. Each family in Haryana that was part of a khap panchayat was to contribute ₨10. They also demanded that the Hindu Marriage Act
Hindu Marriage Act
The Hindu Marriage Act was established in 1955 as part of the Hindu Code Bills. Three other important acts were also created during this time and they include the Hindu Succession Act , the Hindu Minority and Guardianship Act , and the Hindu Adoptions and Maintenance Act...
be amended to ban same-gotra marriages.
The khaps threatened to boycott any MP
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
and assembly member from Haryana who did not back the khaps request. They also blocked the Kurukshetra-Kaithal highway in protest.
Dissatisfied with the decision at the April meeting, the maha khap panchayat called another meeting on 23 May in Jind
Jind
Jind is a town in Jind District, Harayana state, India.It is one of the oldest districts of Harayana. It is one of the first Sikh Kingdoms. It lies in central Haryana and is the fourth district of the Jat belt .The city is beautiful...
to discuss their plans.
Developments in honour killing law
After the court judgement, state authorities began to take on the khap panchayats, and consequently, many village sarpanchSarpanch
A sarpanch is a democratically elected head of a village level statutory institution of local self-government called the gram panchayat in India and Pakistan. He, together with other elected Panchas , constitute the Gram Panchayat. The Sarpanch is the focal point of contact between government...
es (village heads) supporting these councils were suspended. Top Jat leader and former minister Shamsher Singh Surjewala
Randeep Surjewala
Randeep Singh Surjewala is an Indian politician belonging to Congress party. He is a MLA in the Haryana State Legislature and the current Water Supply and Sanitation, Parliamentary Affairs, Electronics and Information Technology, Science and Technology and Public Works .minister in Haryana cabinet...
said, "The diktats and fatwas issued by so-called gotra khaps on breaking of marriages and other similar issues would lead to Talibanization of society as such decisions were illegal and against the constitution."
On 5 August 2010, in a Parliament
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
session, Chidambaram proposed a bill that included "public stripping of women and externment of young couples from villages and any 'act which is humiliating will be punished with severity in the definition of honour killing and that would "make khap-dictated honour killings a distinct offence so that all those who participate in the decision are liable to attract the death sentence". He insinuated that the proposed law would place the "onus of proof on the accused". A July 2010 The Times of India
The Times of India
The Times of India is an Indian English-language daily newspaper. TOI has the largest circulation among all English-language newspaper in the world, across all formats . It is owned and managed by Bennett, Coleman & Co. Ltd...
article anticipated that the bill would not pass in the monsoon session of Parliament in the same year.
Appeal
The accused appealed to the Punjab and Haryana High Court. Ganga Raj's appeal for parole was declined. On 13 May 2010, the court admitted the appeal of him and the other six convicts challenging the court's verdict. On 11 March, the Punjab and Haryana High Court commuted the death sentence awarded to four convicts - Babli's brother Suresh, uncles Rajender and Baru Ram and Gurdev in the Manoj-Babli honour killing case to life imprisonment. Ganga Raj, said to be the prime conspirator, and another convict Satish were acquitted. In an interview to NewsclickNewsclick
Newsclick is a member-supported English language progressive, online video news network. Launched in 2009 by Prabir Purkayastha, Newsclick is a viewer funded news channel that produces news videos, partnering with Youtube and is based in New Delhi, India...
, Manoj's relatives - Seema and Chanderpati affirmed that they would challenge Ganga Raj's and Satish's acquittal in the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
.
External links
- In the Name of Justice at The TribuneThe TribuneThe Tribune is an Indian English-language daily newspaper published from Chandigarh, New Delhi, Jalandhar, Dehradun and Bathinda. It was founded on 2 February 1881, in Lahore , by Sardar Dyal Singh Majithia, a public-spirited philanthropist, and is run by a trust comprising five eminent persons as...
- Khap panchayats