A STUDY ON HONOUR KILLING IN INDIA WITH REFERENCE TO RURAL AREAS BY - A.P. AKSHY KHUMAR

A STUDY ON HONOUR KILLING IN INDIA WITH REFERENCE TO RURAL AREAS
 
AUTHORED BY - A.P. AKSHY KHUMAR[1]
5th year B.Com, LLB (Hons),
Saveetha School Of Law
Saveetha Institute Of Medical And Technical Sciences (SIMATS) Saveetha University, Chennai
 
 
ABSTRACT
The practise of honour killing has ancient origins that predate all written religions. Centuries ago in desert tribes, custom regarded women and their chastity as representative of family honour. From the tradition followed the belief that a male person has a duty to protect the honour of his entire family by killing any female relative involved in an inappropriate sexual relationship. Today, however, the spectrum has broadened, acts such as marital infidelity, flirting, premarital sex, seeking a divorce, being raped, becoming pregnant or failing to serve a meal, can affect family's honour. Containing a large social dynamic, honour killing presently embodies the same traditional notion that a woman is a property of her male relatives, reflecting their family's social status and pride. In addition, honour killing remains subject to culturally influenced laws and practices that provide exceptions to standard notions of justice. Over time, honour killings have become deeply rooted and prominent in various parts of the world. If we talk about India honour killings have been reported in northern regions of India, mainly the states of Punjab, Rajasthan, Haryana, and Uttar Pradesh. In contrast, honour killings are less prevalent but are not completely non-existent in South India, Maharashtra and Gujrat. The law in many countries directly or indirectly permits honour to be an excuse or mitigating factor for murder, allowing perpetrators to go unpunished or to receive lighter punishments/ sentences.
 
Keywords: Honour Killing, Etiology, Crime, NCRB, India
 
 
INTRODUCTION
Honor killing is basically an act of murder by the family members. It is the dirty behavior of the members thinking about the purity of their family instead of the life of one. It is done to eradicate the dishonor and shame brought by family member. The male member or any family member kills the one who looks to love the person not matching with their social status. We can also say that it is a pre-planned murder for which caste and religion are the main reasons. We have gained our independence and now after more than 70 years some people think the caste is more superior than the life of a child. India is a democratic country where every citizen has the right to equality and right to life as well. But here we see that caste, society and narrow minded thinking of the people led to this shameful act of Honour killing. Mostly these types of acts are caused due to triggers done by the relatives, society, neighbors by whom the accused feels dishonored and gets provoked. In all over the world, women proved themselves equal to men but when it comes to honor killing then these occur mostly with females who are assumed for sexual and marital offenses. In this situation everyone should be a support for that particular member are against her and brings the situation where they should not exist. Caste and status are the main reasons for honor killing in the present time. This study target to educate the society and bring out the seriousness of the crime Honor killing .Honour killing is the act of shame cause to one member of the family by the other members. The term Honour killing is also defined as shame killing. This act of killing a person happens when he/she does not accept for arranged marriage or marrying a person of different caste/religion or a person disapproved by the particular family. In India from the olden days it has become a practice. The shameful act is done to those who performed inter-caste marriage or marrying to a person of other religion. This type of activity is brutal and unlawful. In India where we talk about the largest constitution and biggest democracy of the world to have fundamental rights and right to life as well, the study shows that the honour killing has become a spreading crime in our country. It has become a common practice in india. Supreme court has brought a decision against honour killing which shows the act is illegal and punishable. Killing or physical assult made over a girl or a women who marries to the boy (disapproved by the family of that girl) is illegal. In india, the state of Haryana, Punjab, Rajasthan and Uttar Pradesh contain more cases of honour killing. The study shows that these type of cases are increasing year by year in northern India. A large number of honour killing cases occur every year in India. This is very shameful for modern and developing India. Honour killing is not new in our country it could be traced back to the time of partition of our country where several women were forcefully killed so that the honour could be preserved. Honour crimes violate Articles 14, 15, 19,21 and 39 of the Indian constitution. The Increase in a number of honour killing is because the formal governance failed to reach to the rural areas and as a result, this practice continues and I today’s world the scenario is that this killing for honour is not only confined to rural areas rather it is common in the metropolitan cities like Delhi.
 
There are some initiatives that are taken by our government against the bodies like khap panchayat such as the law commision have drafted a bill titled “Prohibition of Unlawful Assembly 2011”. The bill provides for punishment fir bodies that have ordered killing of couples that are accused of love marriage. Also there are number of cases where the judiciary has given pronouncements against these extra-constitutional bodies. But still, the cases of honour killing are reported and the states having the highest reported case of honour killing in Uttar Pradesh. These crimes for honour violates human rights, infringes the right to live with dignity as per article 21 of the Indian Constitution. It shows the lack of attributes of empathy, love, compassion, tolerance among fellow human beings, creates a crisis of credibility in the government machinery to control such killings. It undermines the integrity of institutions such as of police, judiciary etc.It infringes the right to choose and creates stress, fear and trauma among the lower. It hampers a nation of integration, solidarity, corporation etc. It hampers peace and shows a lack of rational thinking capacity and emotional intelligence. With such kind of acts the ethical values of a society such as tolerance, respect for diversity, self-determination etc are degraded when such acts are committed. It’s high time that these people change their mentality and these people are no one else rather the parents because if parents are there to support you then these khap panchayat and other such persons are no one to punish you for the crime which you have not commited.
 
Objectives:
To understand honour killing as the serious crime.
To study the role of law in honour killing.
To educate the society about the consequences of Honour Killing.
 
REVIEW OF LITERATURE:
Bhatia, Alka (2013) talks about the various reasons behind Honour Killing and gives an overview about Honour Killing situations in Jordan as well as in India and also suggests some remedial measure to overcome the problem of Honour Killing.
 
Deol, Satnam Singh (2014) discusses the position of Honour Killing in India keeping its main focus on Haryana and also discusses the legal stand against such practices. Further, this Article ends concluding that more than 25% of Honour Killing is done in Haryana.
 
Dutta, Saptarishi and Stancati, Margherita (2013) focus in their article on the role of Khap Panchayats in Honour Killings and it also talks about how amending laws regarding the status of marriage will be helpful in preventing occurrence of Honour Killing.
 
Vishwanath, Jyothi and Palakonda, Srinivas C. (2011) in their paper sees patriarchal society as the root cause in Honour Killing and points out the desired role expected to be played by lawmakers, community members, etc regarding prevention of such cruel crime in society.
 
Singh, Raghu and Daily, J. Douglas (2016) focuses on, apart from other reasons, patriarchy being the main issue behind Honour Killings and gives an overview of the current position of Honour Killing in some other countries as well like Jordan.
 
Neeraja, P (2013) focuses on causes, consequences and strategies to combat Honour Killing. This paper on analyzing various causes of Honour Killing reached on conclusion that law alone cannot help in changing the situation rather more emphasis needs to be given on changing the prevailing mindset responsible for such crime.
 
Saeed, Memoona and Siddiqui, Jawaid (2014) discuss the prevalence of honour killing in Pakistan. It also discusses the vulnerable position of the women and also tries to find out the reasons for such conditions. The study also suggests certain recommendation to eradicate honour killings.
 
Bidani, Sango (2010) discusses the cases of honour killings and also talks about the origin of honour killings. This study also talks about various laws present for safeguarding honour killing victims and also the reason for prevalence of such heinous crime till date.
 
Kachhwaha, Kavita (2011) discussed about the role of Khap Panchayat as a promoter of many crimes. Their dominance and their illegal and immoral verdicts is also considered. This study further suggests some remedies to reduce the villainous acts of such Khap Panchayats and their dominance.
Singh, Navratna (2012) discusses prevalence of honour killings in Canada. The research also endeavors to resolve the existing dilemmas of balancing multiculturalism and diversity in Canada on one hand and counteracting the extreme violent cultural reactions, which are in clear violation of Canadian laws.
 
Rout (2012) describes that honour Killing is the homicide of the female member of a family or her paramour or both of them by the family members of the girl, due to the belief of the perpetrators that the deceased had brought dishonour upon the family or community. Honour killing are directed mostly against women and girls, but have been extended to men.
 
Bernard (2013) observes that honour Crimes are aggravated by the various behavioural actions of women which may include defying the proposed dress code, meeting men not related to her, defying father or brother (Bernard, 2013, p. 9). However, the deeds that become more certain causes of honour killing comprise the girl being involved in premarital or extra-marital sexual activity whether consensual or non-consensual.
 
(Perveen 2010; Shaikh, Shaikh, Kamal, & Masood, 2010)These rigid norms condone, and sometimes actively support, acts of gender-based violence against women and girls. Honour killings are one such type of gender-based violence.
 
(Kandiyoti, 1988)The particular type of patriarchy that exists in India and Pakistan provides a continuing enabling environment for honour killings in these two countries. South Asian patriarchy can best be understood in terms of Deniz Kandiyoti’s definition of classic patriarchy, under which ‘girls are given away in marriage at a very young age into households headed by their husband’s father’
 
(Mishra, 2013)A ‘good’ woman is valued only to the extent that she serves the purposes of reproductive and productive labour contribution to the household. To that end, female behaviour is guided by the rules of honour and the threat of violent enforcement, and this serves as a mechanism of social control
 
(Mayeda & Vijaykumar, 2016). Girls and women have to be protected under this system; but only girls and women who fulfil their roles and duties in the private space of the household have the right to protection from violence.
(Mandelbaum, 1988).A woman’s sexual behaviour and public presence are tied to the honour of the household (and sometimes the clan or caste group)
 
Chowdhry (2010) notes, both women and men are responsible for upholding honour. However, community honour is located within a woman’s body. A woman who exercises agency3 over herself is seen as violating honour.
 
(Solotaroff & Pande, 2014)This article addresses these gaps through a content analysis that elucidates key motivations, perpetrators and victims of honour killings in recent years in Pakistan and India.
 
(Solotaroff & Pande, 2014)In particular, policymakers need to look to interventions that change men’s attitudes and behaviour. Here, evaluated, successful interventions engaging men and boys against bullying, sexual harassment and intimate partner violence, and pushing them towards a more positive masculinit
 
RESEARCH METHODOLOGY
This research follows an empirical type of research and the sampling method used in this survey is a random sampling method. This study used both primary and secondary data. The secondary data used form websites, journals etc. The primary data was collected from the respondents using simple random sampling method with a structured questionnaire. Independent variables such as Age, gender, educational qualification, occupation, marital status, were also collected. The current paper is based on stratified random method of sampling and the sample size is limited and this analysis is done through SPSS tool for acquiring better and accurate result and this survey is taken and most importantly the survey was made in an authenticated way for appropriate results and also tries to reveal the actual truths regarding this issues. This paper also includes various secondary sources to get through the current issue, but the results will be focused mainly on the primary data. Sampling method is Random sampling method.
 
 
 
 
 
ANALYSIS
Figure 1
 
 
Legend: figure 1 shows the age of the respondents with opinion of awareness of the major reasons for honour killings
 
 
Figure 2
 
 
 
 
 
 
 
 
 
 
Legend: figure 2 shows the gender of the respondents with opinion of awareness of the major reason for honour killing
 
 
 
 
Figure 3
 
 
 
Legend: figure 3 shows the education qualifications of the respondents with opinion of awareness of the major reasons for honour killing
 
 
Figure 4
 
 
 
 
 
 
 
 
 
 
 
Legend: figure 4 shows the age of the respondents with opinion of women are mostly affected by honour killing
 
 
Figure 5
 
 
 
 
 
 
 
 
 
 
 
 
Legend: figure 5 shows the gender of the respondents with opinion of women are mostly affected by honour killing
 
 
Figure 6
 
 
 
 
 
 
 
 
 
 
Legend: figure 6 shows the education qualification of the respondents with opinion women are mostly affected by honour killing
 
 
Figure 7
 
 
Legend: figure 7 shows the age of the respondents with opinion of whether honour killing is still in existence in india
 
 
Figure 8
 
 
 
 
 
 
 
 
 
 
 
 
Legend: figure 8 shows the gender of the respondents with opinion of whether honour killing is still in existence in india
 
Figure 9
 
 
 
 
 
 
 
 
 
 
 
Legend: figure 9 shows the age of the respondents with opinion of Uttar Pradesh is higher rate of honour killing in india
 
 
Figure 10
 
 
 
 
 
 
 
 
 
 
 
Legend: figure 10 shows the educational qualifications of the respondents with opinion of Uttar Pradesh is higher rate of honour killing in india
 
 
RESULT:
Figure 1 shows the age of the respondents here most of the respondents are from age group of 21 to 30. Figure 2 shows the gender of the respondents here, most of the respondents of male. Figure 3 it shows the educational qualification of the respondents here most of the respondents are Under Graduate. Figure 4 shows the age of the respondents here most of the respondents are 41-50. Figure 5 shows the gender of the respondents here most of the respondents are female Figure 6 shows the age of the respondents here most of the respondents are from age group of 21 to 30 and they are say yes to hiba has to be registered.” Figure 7 shows the Educational qualification of the respondents here most of the respondents are from Under Graduate and they are say yes to hiba has to be registered.” Figure 8 shows the gender of the respondents here most of the respondents are female Figure 9 shows the age of the respondents here most of the respondents are from age group of 21 to 30 and Figure 10 shows the Educational qualification of the respondents here most of the respondents are from Under Graduate and they agree
 
DISCUSSION
Civil society groups and religious leaders need to join hands in order to get rid the society of several outlandish practices that have lost their relevance. The government should put more stress on making separate laws for honour killing because it is high time that such heinous acts are abolished. And as the graph represents the Figure 1 shows the age of the respondents here most of the respondents are from age group of 21 to 30. Figure 2 shows the gender of the respondents here, most of the respondents of male. Figure 3 it shows the educational qualification of the respondents here most of the respondents are Under Graduate. Figure 4 shows the age of the respondents here most of the respondents are 41-50. Figure 5 shows the gender of the respondents here most of the respondents are female Figure 6 shows the age of the respondents here most of the respondents are from age group of 21 to 30 and they are say yes to hiba has to be registered.” Figure 7 shows the Educational qualification of the respondents here most of the respondents are from Under Graduate and they are say yes to hiba has to be registered.” Figure 8 shows the gender of the respondents here most of the respondents are female Figure 9 shows the age of the respondents here most of the respondents are from age group of 21 to 30 and Figure 10 shows the Educational qualification of the respondents here most of the respondents are from Under Graduate and they agree .People should do everything to put an end to such barbaric acts as the people have the fundamental rights to live their lives in dignified manner, and society should facilitate that instead of creating hurdles on their way in the name of redundant traditions. Honour killing became deep-rooted during the partition of India but it is now that the media is highlighting this crime. Honour killing is disturbing today’s progressive environment. It’s we who have made our own culture and traditions full of vices just for our own interests. India is still being praised for its culture and tradition all over the world and will be praised forever if we make our society free from such evil and obscurantist practice.
 
LIMITATION:
The Major limitation of the study is the sample frame. The sample frame Collected through the general public in this major drawback is they are not responding in the proper way. The respondents of the general public are major drawbacks.
 
SUGGESTION:
Civil society groups and religious leaders need to join hands in order to get rid the society of several outlandish practices that have lost their relevance. The government should put more stress on making separate laws for honour killing because it is high time that such heinous acts are abolished. People should do everything to put an end to such barbaric acts as the people have the fundamental rights to live their lives in dignified manner, and society should facilitate that instead of creating hurdles on their way in the name of redundant traditions.
 
CONCLUSION:
Honour killing being one of the worst social evil prevalent in the society which took many innocent life of girls and boys since ages as being the matter of honour of the family or of the society. It has been followed by the members of the society and as a matter of Izzat or pride, while doing this the member’s thinks to be cleaning the sins being committed by other member by going against the social norms. India there are no separate legislation in relation to crime of honour killing, Indian courts applies the sections of Indian Penal Code in trying cases of honour killing which is in-turn found to be inadequate. The reason of non introduction of new laws or legislation may be due to sentimental aspect of the members of the society, as honour killing is being practiced since ages and the legislators may be thinking that introduction of new law against those social customs may create tension among the society. But regardless to the instability, the system of honour killing should be eradicated from the society as it is seen that more than thousands of persons lose their lives following this traditions. Moreover it comes as a hurdle to provisions of Fundamental rights provided under Indian Constitution. Strict laws will discourage people in acting or committing such a heinous crime.
 
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[1] A.P. Akshy khumar,5th year BCom,LLB (Hons),SAVEETHA SCHOOL OF LAW
SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES(SIMATS) SAVEETHA UNIVERSITY,CHENNAI - 600007,Mobile No: 6383585342,E-mail Id: akshykhumar629@gmail.com