The much-maligned khaaps still have potential

Preface: The internal social governance systems in Indian villages remained relatively stable for centuries. The khaap, jajmani, bara balutedar and the gam bura systems are but a few examples of these stable systems in different parts of the country. When viewed through the lens of today’s values, they appear patriarchal, feudal and iniquitous, but they served the purpose of maintaining social stability. This series explores how with changing times and values, the vestiges of these systems continue to survive and function.

A man from Kheri village in Rohtak district of Haryana married a woman from a different district in 2010. They were happy for the first three years of their married life, and became parents to a boy. Trouble arose when the baby was about 10 months old. Someone discovered that the woman belonged to a gotra that had a few families in her marital village. Usually, these details are checked before marriage, but in this case it was not. The families from the woman’s gotra living in Kheri rejected the marriage, saying that her husband was like her brother. 

The gotra khaap was called and it declared the marriage null and void, making the husband pay maan to the woman to signify that he regards her as his sister. The man’s father was made to deposit Rs 3 lakh to look after the baby. The woman was sent back to her parental village. The issue became big and was covered in the media. 

A few senior members of the community, including advocate Sheesh Pal Beniwal, the general secretary of Beniwal khaap, then intervened to help the khaaps of the two villages find an acceptable formula to save the marriage and secure the child’s future. The couple was asked to live together with the child, but in a distant town. They were to remain detached from their village community. 

Selective, partial and sensational stories often make khaaps appear as epitomes of intolerant orthodoxy. But a close assessment reveals that there has been a great functional value in the khaap system in resolving social and familial issues in an amicable and relatively costless manner for even the weak parties living in rural India. Based on a detailed research on khaaps, this story explains what khaaps are, the way they function, their contributions and their defects. 

What is khaap?

A khaap is an informal social institution, related to a particular gotra of a caste, most actively practised by the Jat community in Haryana, western Uttar Pradesh and Rajasthan. (Gotra is the patrilineal clan, all members of which believe that they had a common male ancestor. The term is commonly used in a large number of castes across most of India.) Everyone belonging to that gotra is a member of their khaap by birth.

The khaap panchayat is a gathering of the people of a khaap from a cluster of villages or several districts to deliberate and decide on important, common social issues that concern them. It is different from a gram panchayat, the formal body in the Panchayati Raj institution. It is also different from the traditional village (‘social’) panchayat, which is a gathering of people of all the communities of that village (or if need be, a cluster of villages.)

The sarv khaap mahapanchayat is a gathering of all the khaaps of the caste, generally involving issues of long-term impacts on the entire caste.

How did the khaap system arise?

The institution of khaap is believed to date back several centuries to the times of king Harshvardhan (606-647 CE). He encouraged formation of and authorised these institutions to resolve social issues locally without engaging the formal royal systems. 

Khaaps played a significant role in the first War of Independence in 1857. They were active in the Independence movement. 

They are alert to current issues and have recently taken definite positions in, for instance, the repealed farm laws or the current issues regarding the Wrestling Federation of India. 

Leadership, representation and issues

A resourceful and powerful person is often accepted as the pradhan (chief) of a khaap. In general, social status and commanded respect, and connections in political or police circles matter in selecting the chief and other members of the top echelons as much as their raw prowess. Despite recent efforts to include women or at least form mahila khaaps, the institutions have always been patriarchal. 

Members of a khaap may bring a wide range of issues for the consideration and discussion and call for the khaap panchayat. Usually, an aggrieved party approaches one of the khaap leaders and raises the issue. The leaders are then consulted and together they decide if the matter should be dealt with in the khaap panchayat. 

If the matter is not found big enough for summoning a panchayat, one or a few of the leaders intervene to resolve it. A suo moto cognizance can also be taken by the leaders in urgent and important cases.

Proceedings and decision-making

The khaaps are more or less dominated by senior citizens. They tend to swear by their traditions and customs. Everyone interested in contributing to the discussion is given an opportunity. The parties concerned are given a fair opportunity to make their points. 

The ability of all the community members to patiently listen to each party is amazing. Any interruption is taken as an affront to the decorum of the khaap. In fact, a khaap deliberation could be a good illustration of ‘active listening skills’. 

In case of disputes, different parties can be given the opportunity to have discussions in smaller groups as well. If required and agreed upon by various stakeholders, a committee of 5 to 11 members is constituted on the spot to discuss the matter separately and arrive at a conclusion. 

The khaap has a social authority to penalise a party, if needed. The punishments may include a simple fine, but can extend to imposition of social boycott (locally called hukka-paani band). Such a boycott is considered the most disgracing punishment in a rural community.

On representation by a party against a decision, the khaap may reconvene a panchayat, and in certain cases it has reverted its decisions too. 

Money is not collected formally for these events. Usually, the host village for small panchayats and a group of neighbouring villages for big meets pool money to make all arrangements like water, tea, hukkas, durries, public address system, etc. 

Bone of contention

The decisions made by a khaap in respect of marriages that go against prevailing social norms usually hit the headlines. Communities have their own concept of what constitutes incest. They consider all persons from a gotra or those living in a certain radius to be siblings. Marriages between persons of this gotra are considered incestuous and are strictly prohibited. 

The communities also have strong perceptions about hierarchy among castes. Girls marrying boys from “lower” castes or communities are deeply frowned upon. Any transgression attracts the anger of the khaap. 

“With increasing exposure to urban lifestyle, co-education, higher education, jobs closely involving boys and girls, availability of mobile phones and the internet, and higher age of marriage, the rigid concept of incest is weakening, as individual freedom is being asserted. As a result, the youth tend to defy the norms of khaaps,” Beniwal said. 

On several occasions, as the one mentioned in the beginning, the khaap’s decisions are too harsh, illogical and often conflict with the law. Beniwal feels that khaaps are in their declining phase. 

Current potential of khaap institution 

Historically, khaap was an institution to provide a transparent, participatory, just and instantaneous solution, with negligible financial implications. That used to be a blessing, particularly for the poor or weak people, who could not afford to go for options involving police, courts, administration, etc. It also ensured that the strong person didn’t exploit the weak. 

Raj Pal Dahiya, a social activist and community leader, feels that the khaap system is bound to lose its relevance with time if it doesn’t adapt to the changing needs of society. But he feels that it has not lost its relevance.

He said, “With softening of attitude towards fast-changing social conditions and broader participation of youth and women, it could still be an instrument of resisting atrocities by the powerful against the weak and to avert escalation of violence in the otherwise aggressive rural community through genuine, instant and effective interventions.”  

Also Read | Toilets as bride price scripts sanitation success in Haryana

The lead photo at the top shows a khaap panchayat in progress at Sanghi in Rohtak, Haryana. (Photo by Suresh Sharma)

Suresh Sharma is a consultant with VikasAnvesh Foundation. After graduation from Institute of Rural Management (IRMA), Anand, he has worked in the development sector for over three decades. 

Sanjiv Phansalkar is the director of VikasAnvesh Foundation, Pune. He was earlier a faculty member at the Institute of Rural Management Anand (IRMA). Phansalkar is a fellow of the Indian Institute of Management (IIM) Ahmedabad. 

(Authors’ views are personal)