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

Why in news?

• The draft Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011 was proposed by the Law Commission.
• It has long been pending, and the Supreme Court is now expected to frame guidelines on this.

What are the objectives?

• Community opposition to inter-caste, inter-community and inter-religious marriages have long been a social concern.
• The current penal law lacks direct application to the illegal acts of such caste assemblies.
• The Bill is thus meant to penalise honour killings in the name of upholding community honour or family honour.
• The legislation primarily aims at preventing the unlawful interference from caste panchayats.
• It is intended to uphold the right of consenting adults to marry persons of their own choice.

What are the key provisions in the Bill?

• Definitions - "Unlawful assembly" refers to a group of persons who condemn a marriage.
• This is particularly for alleged reasons that the marriage had dishonoured the caste or community tradition.
• “Marriage”, under the draft legislation, includes “proposed or intended marriage.”
• Punishments - The punishments are meted out in a phased manner.

• All offences under the proposed Act will be cognisable, non-bailable and non-compoundable.
• The offences include:

1. participating in any unlawful assembly
2. making exhortations (persuasion, advice) that endanger the liberty of a couple
3. criminal intimidation of the couple or their relatives or supporters

• The punishments for the offences range from 6 months to 7 years.
• The fine ranges from Rs. 10,000 to Rs. 30,000.
• The maximum punishment of 7 years of imprisonment is in the case of actual harm or injury caused.
• The provisions under the proposed law do not negate the offences under IPC but only adds to them.
• Special Courts - The cases will be tried in Special Courts presided over by a sessions judge or additional sessions judge.
• The special courts will be set up by states in consultation with the High Courts.
• It will have the power of a Sessions Court.
• It can take cognisance of any offence upon receiving a complaint of facts, or upon a police report of such facts.
• It can also take suo motu cognisance of the cases.
• The court can take cases without the accused being committed to it for trial.
• Authority - The Collector or the District Magistrate is entrusted with the responsibility for the safety of the persons targeted.
• This is in case any illegal decision is taken by the khap panchayat.
• He/she shall take necessary steps to prohibit the convening of such illegal gatherings.

What are the Law Commissions' observations?

• IPC - The Commission has rejected the government's proposal to amend Section 300 of the Indian Penal Code.
• The proposal was to include ‘honour killings' within the definition of murder in IPC.
• However, Law Commission observed that the definition of murder in Section 300 of the Indian Penal Code would suffice.
• As, this would be adequate to take care of the situations leading to overt acts of killing or causing bodily harm to the targeted person.
• Khap Panchayats - Nevertheless, the Law Commission proposed the fresh legislation.
• It seeks to declare khap panchayats unlawful.
• As, khap panchayats have long been handing down punishment to couples who go for 'sagotra' or inter-caste marriage.
• In this regard, the Commission also observes that the Hindu Marriage Act did not prohibit 'sagotra' or inter-caste marriages.

How has the bill progressed?

• So far, 23 States have responded to the Bill with suggestions.
• The other six states have not responded yet.
• The Supreme Court has now stepped in to fill this legislative vacuum.
• The SC is expected to frame guidelines on this, in a judgment to protect adult couples from the fury of the mob.

Source: The Hindu, Firstpost