Hadiya case: The difference between a khap and a court

Judicial legitimacy is drawn from reasoning of the text and spirit of Indian constitution, not the exercise of power itself

The Hadiya case has been in the news recently and the Court’s reasoning has drawn criticism from legal scholars. In this piece, the writer, a practicing lawyer himself, examines the reasoning offered by the court and what separates a constitutional court from a Khap Panchayat.

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What separates a court from a khap? This is a question which is frequently being asked given the growing disquiet over continuing hearings in what has come to be known as the Hadiya case. The case concerns the ability of a young, adult woman to choose her religion and spouse. At the same time the