Open Access Research Article
Honour Killing in India (By: Ishita Kaushal)
Published Paper
Article Details
Honour Killing in India
Authored By: Ishita Kaushal
BBA-LLB
INDEX
1. Cover Page
2. Index
3. Abstract
4. Introduction
5. Statistics
a. Honour Killings in 2014 (state wise)
b. Honour Killings in 2015 (state wise)
c. Honour Killings in 2016 (state wise)
d. Honour Killings in 2017 (state wise)
e. Honour Killings in 2018 (state wise)
f. Honour Killings in 2019 (state wise)
g. Honour Killings in 2020 (state wise)
h. Honour Killings from 2014-2020
(comprehensive glance)
6. Emergence of Honour Killing as a
Gender based Crime
7. Specific Triggers
a. Dressing up in an unacceptable manner
b. Modernisation
c. Gossip
d. Marrying without family’s consent
i.
Inter-caste
Marriage
ii.
Inter-faith
Marriage
iii.
Sagotra
Marriage
e. Inappropriate Affiliations
f. Homosexuality
g. Extra-marital Affair/ Adultery
h. Seeking a divorce
i.
Being
a rape victim
8. Important Judicial Pronouncements
a. Mrs. Madhu Priya Singh v State of
U.P., 2003 All HC
b. Lata Singh v State of U.P., 2006 SC
c. Arumugam Servai v State of Tamil
Nadu, 2011 SC
d. Vikas Yadav v State of U.P., 2016 SC
9. Conclusion
Abstract
All individuals are born free and
equal and have certain human rights owing to their very existence as human
beings. These rights can thus neither be conferred nor taken away by any state
or non-state actor. In addition to these, an individual also has the right to
enforce fundamental rights granted under the constitution. Some basic and
inherent rights of an individual are – Right to Equality, Right Against
Discrimination, Right to Dignity, Right to Personal Liberty and most
importantly Right to Life. On the same lines, it needs to be understood that
right to start a family is a basic right and two adults should be at liberty to
enter into or dissolve a marriage of their own accord without any undue
influence or threats to do so; and without any limitations being placed on them
with respect to sex, caste, religion, et al[1].
Keywords: honour killing, gender-based crime, caste
system, barbaric, khap panchayat, human rights.
Introduction
‘Honour Killing’ per se refers to the
act of committing homicide of a family member, mostly females, who either has
or is perceived to have brought dishonour upon the family name, in an attempt
to wash off such dishonour through bloodshed. Honour killing is more often than
not a premeditated and meticulously carried out series of barbaric acts carried
out in connivance with family members (other than the victim), and the
community members, sometimes even with the aid of police officials, who end up
playing an integral role.
As evident through a perusal of cases
reported over time, the perpetrators of this crime have an elevated sense of
absolution and justice, and are unabashed in their actions. These perpetrators
believe they are justified in taking law into their own hands thereby ending
someone’s life. They take pride in violently enforcing the idea that any
transgression of the cultural norms which isn’t deemed to be acceptable to the
society will not be tolerated and the doer of such actions will be put down for
good, for their actions are believed to bring disrepute to the family’s
standing.
Statistics
The information provided below is an
understatement of the true pervasiveness of honour killing as a crime in India
owing to the fact that it is grossly under-reported, and most of the incidents
are passed off as accidents or suicides by the families. In addition to that,
due to dire lack of awareness of this social evil many cases are simply
labelled as just another murder and are resultantly not reported as honour
killings.
In 2012 based on the data available
it was seen that cases for honour killings in India were predominantly reported
from the states of Haryana, Punjab, Rajasthan and U.P. Additionally, Bhagalpur
in Bihar was also notably infamous for honour killings and some cases from
Delhi and Tamil Nadu were also reported.[2]
The National Crime Records Bureau of
India recorded murders under the category of ‘Honour Killing’ for the first
time in 2014. The data graphically presented above is as follows[3]:
Madhya Pradesh - 7 cases
Punjab - 5 cases
Maharashtra - 5 cases
Jammu & Kashmir - 3 cases
Uttar Pradesh - 1 case
TOTAL -
21 cases
Even as per the US Dept. of State’s
Country Reports on Human Rights Practices for 2019, honour killings are
primarily an issue in the states of Punjab, U.P. and Haryana.[4]
A total of 251 people died due to
honour killings in 2015, and the state of U.P. contributed to 52% of such cases
as shown above. The data presented graphically above is as follows:
Uttar Pradesh - 131 cases
Gujarat - 21 cases
Madhya Pradesh - 14 cases
Others - 85 cases
TOTAL -
251 cases
The data showing the number of cases
pertaining to honour killings in 2014-2015 when compared makes it hard to
ignore that NCRB’s data signifying that only one honour killing took place in
U.P. in 2014 is highly dubious. Although, the stark rise in such cases
demonstrates an increase in awareness
with respect to this violent crime and that people who are eager to voice their
concerns have started reporting such cases. However, there is still a long way
to go to actually offset the threat posed by this social evil at the grass root
level.
A total of 72 people lost their lives on
account of honour killings in 2016, and as is evident the states of Madhya
Pradesh, Uttar Pradesh, Gujarat, Punjab and Maharashtra contributed the most to
such crime figures.[5] The data
presented graphically above is as follows:
Madhya Pradesh - 18 deaths
Uttar Pradesh - 16 deaths
Gujarat - 10 deaths
Maharashtra - 8 deaths
Punjab - 8 deaths
Bihar -
3 deaths
Andhra Pradesh - 2 deaths
Haryana - 2 deaths
Delhi -
2 deaths
Chhattisgarh - 1 death
Tamil Nadu - 1 death
Mumbai - 1 death
TOTAL -
72 deaths
In 2017, a total of 92 people lost
their lives due to honour killing, and Jharkhand was responsible for almost
half such deaths Other major contributors were Maharashtra and Uttar Pradesh.[6] The
data presented graphically above is as follows:
Jharkhand - 41 deaths
Maharashtra - 16 deaths
Uttar Pradesh - 14 deaths
Himachal Pradesh - 3 deaths
Haryana - 3 deaths
Jammu & Kashmir - 3 deaths
Arunachal Pradesh - 2 deaths
Punjab - 2 deaths
Tamil Nadu - 2 deaths
Kerala - 2 deaths
Andhra Pradesh - 1 death
Mizoram - 1 death
Rajasthan - 1 death
Daman & Diu - 1 death
TOTAL -
92 deaths
The latest
published information available with National Crime Records Bureau (NCRB)
shows, a total of 28 cases in 2014, 251 cases in 2015 and 77 cases in 2016 were
reported with motive as Honour Killing (including cases registered under murder
(section 302 IPC) & culpable homicide not amounting to murder (section 304
IPC) in the country. [7]
However, the National Crime Records Bureau’s 2017 Crime in India report
left out hate crime and lynchings stating that the data available was “unreliable”
and “vague”.[8]
The year 2018 witnessed a total of 30
deaths where the motive of murder was honour killing. Jharkhand staying true to
its track record was responsible of 30% of such deaths, followed by Himachal
Pradesh (20%), Punjab (10%) and Maharashtra (10%). The data presented
graphically above is as follows:
Jharkhand - 9 deaths
Himachal Pradesh - 6 deaths
Maharashtra - 3 deaths
Punjab - 3 deaths
Jammu & Kashmir - 2 deaths
Assam -
1 death
Gujarat - 1 death
Kerala - 1 death
Odisha - 1
death
Rajasthan - 1 death
Telangana - 1 death
Delhi -
1 death
TOTAL -
30 deaths
Honour killing incidents have seen a
marked decrease in the recent years, but it is still prevalent. In 2019, 24
deaths were reported to be caused by honour killings.[9] The
data presented graphically above is as follows:
Punjab - 6 deaths
Gujarat - 5 deaths
Haryana - 3 deaths
Uttarakhand - 3 deaths
Rajasthan - 2 deaths
Andhra Pradesh - 1 death
Arunachal Pradesh - 1 death
Jammu & Kashmir - 1 death
Madhya Pradesh - 1 death
Tamil Nadu - 1 death
TOTAL -
24 deaths
Mr. Ajay Kumar Mishra, the Union
Minister of State for Home while replying to a question pertaining to the
frequency of honour killings stated that 92 deaths were reported in 2017, 29 in
2018 and 24 in 2019 as a consequence of honour killings. He also mentioned that
50 cases were reported in Jharkhand, 19 in Maharashtra and 14 in U.P. in the
period between 2017 to 2019.[10] However, upon perusal of the crime
statistics by NCRB for the year 2018, a slight variation can be noticed since
the data collected by the NCRB shows that there were 30 murders with motives
recorded as ‘honour killing’.[11]
As for 2020, a total of 23 incidents
were reported as honour killings, crime figures reported by states have been
graphically depicted below.[12]
Here is the data
analysis of honour killings over the years.
Honour Killing As A Gender Based Crime
This violent crime isn’t committed
against women exclusively but the focus is indubitably women.[13]
Studies show that approximately 79% of the victims of honour killing in India
are females.[14] The
reason behind this is the deeply patriarchal mindset that has been followed
since time immemorial, along with resistance to change and adapt to modern
values that offer women an equal status and freedom to make independent
decisions.
The words of Manu, “In
childhood, a female must be subject to her father, in youth to her husband,
when her Lord is dead to her sons; a woman must never be independent.”
(Manusmriti, Chapter 5, shloka 148)[15]
as quoted at many places, may have been accepted at the time they were written,
but the society stands evolved, and the same have lost their relevance.
Although, most societies are liberal, a few still continue to practice the
words as they were written which is a serious cause of concern. These words are
actually meant to deprive a woman of her social rights which should have been
unqualified and absolute, and such depravation is only because of the
predominance of such inherently flawed ideology which is still being followed
mostly in rural areas. Resultantly, the role of a women, her very existence is considered
to be ancillary to the lives of the men in her family; she isn’t supposed to
have an independent identity let alone independence and freedom over her
thoughts and expression. Due to this mindset, it is believed that whatever a
woman does reflects upon her family, and thus she must abide by the social and
cultural norms that govern every aspect of her life i.e., how to dress, whom to
engage with, where to go etc. The status of a woman has always been kept in
abeyance by the society, which treats her as a mere object that needs to be
controlled by the men in the family who wish to assert dominance over each and
every movement of hers. Since her existence is supposedly under their control,
they feel entitled to have the right to terminate her life just as easily and
that somehow, they are justified in doing so.
As per the ideologies passed down by
certain tribes it is believed that community honour is located within a woman’s
body, to preserve which the men principally control women.
Hence, a woman who exercises agency
over herself by acting independently, is seen as defying the cultural norms,
and in so doing violating honour. It is perceived to indicate that her male
guardians have not been able to control her conduct and make decisions for her
that best elevate their status among other men in the community. Honour then is
redeemable by destroying the body of the woman who caused dishonour. This
system hence, directly lays down the groundwork for vindicating the practice
and prevalence of honour crimes.[16]
Specific Triggers
1. Dressing up in an unacceptable manner
Honour killings have been committed
for issues as trivial as the choice of clothing of a woman. By no stretch of
imagination can a rational human perceive this as justified. The act of
committing homicide where the victim is one’s own family member who they grew
up with and loved their entire lives, for the simple reason that they felt such
person dressed up in an inappropriate way, is as shocking and disheartening as
can be.
2. Modernization
Modernization among women is seen as
a threat to age old societal norms, and is thus discouraged. The seriousness of
such illogical philosophies can be better understood by the following instance;
A village in the district of Mehsana in Gujarat imposed a ban on usage of
mobile phones for unmarried women. In Suraj village, Gujarat a Khap
panchayat-like diktat also imposed a fine of ? 2,100 on women for using mobile
phones and ?200 was to be granted as reward money to any informer. [17]
The rationale provided by these ‘intellectuals’ was that cell phones misguide
young girls. These decisions in themselves are enough to portray the sorry
state of affairs in India, but the fact that the Sarpanch of the village proudly
informed the media that the entire population of 2,500 people welcomed this
decision is heartrending.
3. Gossip
Apparently, any rumour or gossip
about a woman is enough to cost her life. The perpetrators of honour killing
have absolutely no interest in verifying the veracity of such allegations as
may have been raised against the character of a woman in such chit-chat. They
regard such baseless talks involving a woman as sufficient to bring disrepute
to the family to which such woman belongs, and thus in order to redeem this
‘lost honour’ such woman needs to sacrifice her life. It is horrifying to even
imagine the plight of women who live under such constant threats.
4. Marrying without family’s Consent
Before delving into this as a
specific trigger for committing homicides in the name of honour, it is
important to understand why women are made the primary targets as recipients of
such violent punishments. It is to be understood that post marriage a female is
said to be a part of a new family i.e., whatever be the caste of her husband
will now be her caste as well. Therefore, when a son marries a woman of a lower
caste it isn’t seen as such a disaster since the son would still maintain his
original caste and his bride’s caste will improve owing to such marriage, hence
this is considered to be somewhat acceptable. However, when a woman marries a
man from a lower caste, her status is consequently diminished, and when such
woman’s family does not wish to be associated with people from the lower caste
and they wish to cut ties with them, they may resort to honour killing whereby
they kill their own family member who was married into such household so as to
remove the link between the two families, and avenge the dishonour brought onto
their family by such marriage.
a. Inter-caste Marriage
The caste system is a
curse on our nation and it needs to be countered soon. A system like that has
no place in a free and democratic country like ours. Once a person has attained
majority, he/she should be free to enter into marriage with a person of their
choice.[18]
In 2002, Nitish Katara,
an MBA graduate and an IAS officer’s son was abducted and killed by Vikas
Yadav, the son of D.P. Yadav, Member of Parliament form U.P. who murdered Nitish
Katara and burnt his naked body on the pretext that he was getting friendly
with his sister Bharti Yadav. The young couple intended to get married but
Katara belonged to a different caste, which was completely unacceptable to the
Yadavs and hence he was killed to preserve their ‘honour’.[19]
b. Inter-Faith Marriage
There appears to be no
place for secularism when it comes to marriage of an individual. Marriage with
a person of another religion is viewed as a transgression which cannot be
overlooked or forgiven. The perpetrators of honour killing in such cases are
more than willing to commit murders and spend life behind bars, but they won’t
tolerate their family member marrying someone from another faith.
c. Sagotra Marriage
All prominent religions
in the world except Muslims believe that there are some degrees of prohibited
relationships, and hence marriage between two people within such degrees is considered
blasphemous.
5. Inappropriate Affiliations
People have lost their lives for reasons
as insignificant as talking to someone who wasn’t acceptable to their or the
other person’s family. In October, 2020 an 18-year-old, second year student in
Delhi University, Rahul Rajput was beaten to death over his friendship with a
Muslim girl by her brother along with other assailants. He had suffered grave
injuries and was rushed to a nearby clinic where he died in the course of his
treatment. The post-mortem report suggested that he died due to rupture of the
spleen.[20]
6. Homosexuality
Homosexuality is a part of a person’s
identity; it is an inherent orientation and depends on a person’s innate
feelings. In accordance with Articles 21, 14, 15 and 19 an individual has the
right to love any person, and is guaranteed the right to exercise sexual
autonomy.[21]
However, the primitive thinking of society refuses to accept this and they find
the existence of same sex couples to be disturbing. For quite a long period of
time they were stigmatized by saying that homosexuality is a mental illness.
However, the Mental Healthcare Act[22]
has now stated in clear and unambiguous terms that homosexuality is not a
mental illness.[23]
7. Extra-marital Affair/ Adultery
As per Blackstone’s commentaries the English law “justifies homicide,
when committed in defence of the chastity either of oneself or relations”.
Furthermore, if one catches an adulterer in the act and murders him or her, as
long as one does it “in an act of passion,” the offense is mitigated and
considered voluntary manslaughter rather than murder. Needless to say, this is
the most frequently used defence in honour killings under this head.
8. Seeking a divorce
As stated earlier the feudal-minded
people refuse to accept an independent woman. Therefore, a woman who is seeking
a divorce even if it is to get out of an abusive marriage or to mitigate a
threat to her life, is seen as a scourge to the system of such cultural norms
and is thus said to bring ill-repute to her family and it is somehow deemed as
justified by such society to slaughter such a woman to maintain ‘order’ in the
community.
9. Being a victim of rape
Rape victims are already survivors
trying hard to rehabilitate themselves into the world after the trauma they
were subjected to through no fault of their own. But since being a rape victim
is seen as a dishonour the family or community might feel the need to redeem
their honour due to which the woman is not allowed to survive.
Important Judicial Pronouncements
The first ever case in India that
dealt with honour killing was Mrs. Madhu Priya Singh v State of U.P.[24] before
the Allahabad High Court back in 2003. It was in this case that the court took
the standpoint that in a free, democratic and secular country like India any
person who has attained the age of majority shall be at liberty to make
independent decisions including the right to choose a prospective spouse
without any limitations being placed on such right. An adult is deemed to know
his welfare and thus is considered capable of making an informed decision. In
case, the individual’s parents aren’t pleased with such a decision they can at
most severe ties with their child, but they can under no circumstances
threaten, harass, or use violence against such individual. The court noted that
terrorizing or threatening to kill an individual for the simple reason of
marrying outside his caste or religion is not only illegal but an act of
barbarism committed by feudal-minded persons, and that such acts shall not be
tolerated. M. Katju, J. also stated, “Honour Killing is nothing but
cold-blooded, brutal and ghastly murder, and there is nothing honourable about
it.” Further, to illustrate the gravity of the crime and in an effort to
condemn this practice, the court held that honour killing shall fall under the
category of ‘rarest of the rare cases’ and thus shall be punishable with death
penalty.
The findings of the court in the
abovementioned case were laudable, such that when three years later the Supreme
Court was presented with its first case on honour killings in Lata Singh
v State of U.P.[25]
the Supreme Court in this landmark judgment reiterated the findings of
the Allahabad High Court. In this case the court took the stance that caste
system is a curse in India and needs to be done away with as quickly as possible,
and that inter-caste marriages should be encouraged as they directly pave the
way to denounce this practice.
The court also directed the administration and
police authorities to ensure that no person is subjected to harassment or acts
of violence for entering into an inter-caste or inter-faith marriage, and to
institute criminal proceedings against any wrong-doer who shall be dealt with
iron hands.
In a later case of Arumugam
Servai v State of Tamil Nadu[26],
the Supreme Court discussed the role played by khap panchayats in facilitating
and encouraging honour killings and other cruelties in an institutionalized
way. It was noted that these people took law into their own hands and
tantamounted to kangaroo courts, which are completely illegal and need to be
shunned. It was held that the barbaric acts undertaken or ordered to be
undertaken by such khap panchayats needed to be stamped out and harsh penalties
should be imposed on such barbarians. Consequently, the court gave directions
to the administrative and police authorities that in addition to instituting
criminal proceedings against people committing atrocities, they should
immediately suspend the District Magistrate or Collector, and the SSPs/SPs of
the district along with other concerned officials and to file chargesheets
against them and institute departmental proceedings against them in case they –
fail to prevent such incident (if it hasn’t occurred yet); or if they fail to
promptly apprehend and institute criminal proceedings against the culprits involved.
In Vikas Yadav v State of U.P.[27],
the Supreme Court held that one might feel “My Honour is my life” but one’s
honour cannot be allowed to be sustained at the cost of another. The court
categorically stated that an individual’s freedom and personal liberty cannot
be curtailed especially not by threats or use of force. A woman’s individual
choice is to be construed as her self-respect and any infringement upon this is
destruction of her honour.
Conclusion
“There is nothing honourable in honour
killings, and in fact they are nothing but barbaric and shameful acts of murder
committed by brutal, feudal-minded persons who deserve harsh punishments.”[28]
The Supreme Court in the landmark
judgment of Common Cause v Union of India, [29] stated
that an individual’s liberty rests on their ability to make autonomous
decisions including how to dress, when and what to speak, whom to love etc. and
having complete control over their own personal lives.
Honour killing decapitates individual
autonomy and freedom of. It has to be borne in mind that when two adults
consensually choose each other as life partners, such right has the sanction of
constitutional law, since the manifestation of their choice is recognized and
protected under Articles 19 and 21 of the constitution. Therefore, such right cannot
succumb to the conception of class honour or group thinking which is conceived
of on some notion that does not have any legitimacy, even remotely.[30]
The violation of the constitution is
the fulcrum of the issue, the protection of rights is pivotal. In spite of
constant social advancement, the menace of honour killing persists in the same
way as history had seen under the Code of Hammurabi, in 1750 BC. The people
involved in such crimes forget that they cannot tread an illegal path, breaking
the law and offer jurisdiction with some moral philosophy of their own. The law
of the land requires implicit obedience and profound obeisance. The inherent
human rights of a daughter, brother, sister or son cannot be mortgaged to the
so-called or so-understood honour of the family, clan, or the collective. An
act of honour killing puts the rule of law in a cataclysmic crisis.[31]
Article Information
Honour Killing in India (By: Ishita Kaushal)
Authors: Ishita Kaushal
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/09/30
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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