Media Vichar Manch

Caste courts rule in 'democratic' India

Caste courts deliver medieval justice
Verdicts in summary trials conducted by India's caste courts are becoming a major cause for concern
By DINESH C. SHARMA, Bangkok Post
New Delhi _ Revenge rape, stoning to death, public lynching, naked parades, forced marriage of rape victim to rapists, forced poisoning. It may be hard to believe, but such punishments are still meted out to the so-called guilty in summary trials held by caste courts in northern India.The medieval justice system is still prevalent in many Indian states despite the country boasting a modern, independent and pro-active judiciary and law-enforcement system.

These courts, known as Jaati Panchayats (or caste-based village councils), reinforce the age-old caste system and handle disputes involving members of a particular caste or community.The past month witnessed a spate of ''judgments'' from caste panchayats in Uttar Pradesh state bordering the national capital. In one such case, the caste court directed a woman who was raped by her father-in-law to accept him as her husband. In another similar incident, the rape victim was told not to report the matter to the court.

These are not isolated cases. A few months back, a caste panchayat in Haryana state directed a husband and wife to live as siblings because they belonged to the same sub-caste (people from same sub-caste are not allowed to be married to each other).In another case, a young couple was publicly killed for their inter-caste marriage. There have been instances when caste panchayats have ordered ''revenge rape'' as punishment while hearing rape cases.If a woman belonging to a particular caste is raped by men of another caste, panchayats have ordered men belonging to the victim's community to rape women of the other caste.These self-styled courts also exile men and women out of villages, seize their land and property and order social boycotts _ all in the name of caste justice.In some cases where Muslim panchayats are involved, the matter gets complicated further because they settle disputes citing the Shariat law.

Most of the diktats of these caste courts are directed against women and people belonging to weaker sections or the so-called lower castes. Certain backward castes are recognised in the constitution as Scheduled Castes and Scheduled Tribes, and are supposed to be getting special treatment in government schemes.''For the past few years we have come across a number of appalling judgments given by caste panchayats, especially in cases where women have decided to break the caste barrier and made a decision to marry someone outside their caste,'' said Dr Ranjana Kumari, director of New Delhi-based Centre for Social Reserch.
Full article at:
http://www.bangkokpost.com/News/08Jul2005_news34.php

posted by Dinesh C Sharma @ 11:33 AM