Indian justice system consists of a multiplicity of state and non-state dispute resolution institutions, which constantly engage with each other. One instance of such body is that of Khap Panchayats, which are non-state dispute resolution systems, based on community values of caste biradari (community unity), izzat (honour) and bhaichara (brotherhood), rooted in the states of Haryana, Uttar Pradesh and Rajasthan in India. They are known for their vehement opposition to individuals who marry inter-gotra (same clan), inter-caste and inter-religion, which are recognized within India’s formal laws. The brunt of any transgression of these values has been borne majorly by women in the form of harsh punishments. State law through both criminal and civil measures, conceptualises abuse in domestic spheres as rights focused. These measures identify abuse as violating bodily integrity and individual rights while Khap Panchayats prioritise communitarian values. The Khap Panchayats do not consider abuse as a violation committed by an individual wrong doer and thus seek an internal resolution of these marital discords.
The central problem this research addresses is the reductionist understanding of women's agency within this system, positioning the sole viable means of liberation as seeking recourse within the formal, state-enforced legal framework. By assuming this, it overlooks the complex, everyday negotiations women engage in within their communities. This research seeks to understand how women navigate within this plural normative landscape through a focus on cases of marital abuse. It explores the extent to which women strategically utilize modern state law and its mechanisms (protection orders, divorce petitions or First Investigation Reports) to gain leverage with the non-state values of the community. What forms of accommodation and/or resistance do women adopt through these engagements? Through these engagements, are women potentially modifying dominant normative orders and crafting immanently new and potentially decolonial legal forms?
This research uses socio legal approach to understand the quotidian resistance by women by conducting primary research in selected Khaps in the state of Haryana, India, namely Boora Khap, Dahiya Khap, and Satrol Khap. Given the sensitive nature of the matters involved, the study will employ individual, semi structured interview methos. Towards this end, the sampling criteria for the study is restricted to only those women who have engaged with both state and non-state value systems. This includes instances where state law has been used as a threat to leverage the woman’s cause during Khap negotiations as well as cases where non-state values (for instance brotherhood or honour) have been used to enforce a state law-based order. The study also involves interactions with other actors like Khap leaders, protection officers, local police, as necessary to understand the perspectives or rationalities adopted by these actors and their inherent difference with the rationalities of women. Through this difference in approach, the research explores the extent to which women negotiate between the two disciplinary extremes of state and non-state values, thereby rejecting both the universality of colonial State law and the authoritative oppression of the Khap and consequently contributing to the larger discourse on decoloniality.