Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011

The Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill was introduced in the year 2011 with the intent of checking honor killings. It has come about with the prevalence of khap panchayats and kangaroo courts which interfere with the decision of marriage by consulting adults on grounds of gotra, caste, religion and community.

Objects

Illegal intimidation of young couples by a group of people who act as an extra-judicial body is very common in many districts of India. Many such cases indicate incitement of violence leading to couples either being driven out of their homes or sometimes even murdered. So, this Bill aims to address the core area of such offence that is preventing such gatherings per se. It further goes on to constitute special offences against the assemblies along with those mentioned under the Indian Penal Code.

Salient Features of the Bill

• Definitions-The Bill defines ‘unlawful assembly’ as specifically a group of persons who condemn a marriage. The reason for such condemnation should be dishonoring of caste or community tradition.
• Scope of marriage-The scope of ‘marriage’ has been extended to include proposed or intended marriages also.
• Punishment-The punishment is to be given in a phased manner. The category of offences to be punished are:
• Participation in the above unlawful assembly
• Interfering with the liberty of a couple through persuasions and advice.
• Criminally intimidating the couple or their relatives or their supporters to achieve their own aim.

The duration of the punishments range from 6 months to 7 years. 7 years imprisonment is fixed for actual harm or injury caused during persuasion for not marrying. The fine amount varies between Rs 10,000 to Rs 30,000. The offences are cognizable, non-bailable and non-compoundable.

• Special Courts-The Bill provides for a Special Court that will try these cases. They should be presided by Sessions or Additional Sessions judge. States will set them up in consultation with the High Courts. They shall have the same power as the Sessions Court. They can take cognizance either on receipt of complain of facts or police report. They are also empowered to take suo motu cognizance.
• Authority-The District Magistrate or the Collector has been given the responsibility to ensure the safety of the persons targeted by these groups when the group takes any illegal decision against the couple. He or she shall also prevent the convening of illegal gatherings prohibited under the Bill.

Requirement of fresh provision for certain offences

The main offence aimed at in this Bill is ‘honour killing’. The Law Commission has decided that there is no requirement of a separate provision for criminalizing honour killing. It is inclusive in the definition of murder under Section 300 of the Indian Penal Code. There is no need to amend the IPC for separate inclusion also. The offence is inclusive under the categories of overt acts of killing or causing bodily harm to the targeted person.

But with respect to khap panchayats, the Law Commission recommended the creation of a fresh provision. Till date no steps were taken against khap panchayats. But now they have been declared as unlawful under this Bill. Their acts have been considered illegal on the grounds that the Hindu Marriage Act does not prohibit sagotra or inter-caste marriages.

Current Status of the Bill

The Bill has till date received suggestions from 23 states and the remaining 6 states are yet to respond. But the implementation is expected to be faster with the Supreme Court now declaring khap panchayats illegal. It held that if an adult man and woman marry or decide to marry they cannot be stopped by khap panchayat, individual or society. An amicus curiae is assisting the Centre in bringing this Bill through suggestions.