HONOUR KILLINGS IN INDIA: A CRITICAL ANALYSIS OF SOCIO LEGAL ISSUE By- Akhilesh R Narayanan
HONOUR KILLINGS IN INDIA: A
CRITICAL ANALYSIS OF SOCIO LEGAL ISSUE
Authored by-
Akhilesh R Narayanan
Abstract:
The issue of honour killings has
become extremely problematic in the twenty-first century, which is known for
ensuring the rights of each and every individual. The Indian caste system,
which claims and targets women, is a major contributor to the male-dominated
society. History teaches us that keeping the family's wealth within the family
has led to child marriage and the rejection of love marriages with outsiders,
particularly with a boy of a low caste or community. Instead of wanting the
best for their kids, parents kill their daughter on purpose so that their
family won't feel ashamed. This paper highlights the problems associated with
honour killing and it brings out practical solutions to lessen this evil so as
to secure women’s rights without deviating from tradition. In some nations,
honour killing is a severe social issue that has not yet been effectively
explained and addressed. We begin by reviewing the notion of this phenomenon
before going over its prevalence throughout the world. The researcher presents
the analysis of honour killing as a form of unofficial social control and
contend that honour killing illustrates the "dark side of modernity"
in which systematic marginalisation of social groups and minorities have caused
them to rely more on traditional honour codes as a form of unofficial social
control, aggravating honour crimes. This paper explains how a more effective
approach to combat honor killing requires not only addressing the issues of
sexism and religious fundamentalism, but also the systematic exclusion and
stigmatization of local groups and minorities.
Keywords: Cast,
Community, Honor Killings, Marginalisation, Social control, Stigmatization
INTRODUCTION
Honour killing is regarded as a
vicious act committed by a member of the family in order to bring purity to the
family. It is a murder committed by a family member to bring honour to the
family and to remove the disgrace and dishonour caused by the family member.
The family murders the female member who has violated the family's desires and
honour. In a society where citizens are equal and without discrimination,
honour killing brings discrimination because a family member is considered to
bring dishonour by choosing a path of dishonour. The goal of the study is to
learn about honour killing and to highlight the seriousness of the crime, as
well as to analyse the triggers of honour killing.
Research Objectives:
1) To investigate which section of society
is more vulnerable to honour killing
2) To examine the consequences of such
acts.
3) To ascertain whether there is need
for specific legislation to prevent this heinous crime
Research Methodology:
Research undertaken is purely
doctrinal and the data collected is primary source which includes statutes, legislations,
case-Laws etc. Secondary source includes books, journals, articles etc.
Research Question:
1) What is the impact of honor killings
in the Indian society?
2) What are the reasons this crime has
been increasing?
3) Whether law enforcement is effective
in curbing these crimes?
Magnitude of the Offence:
Despite the widespread outcry in the
society, the threat of honour killing, persists even now. Unfortunately, some
disrespect all state laws and see it as a matter of honour. It is terrible to
think about how we have failed to stop this deadly phenomena from occurring in
our society. This violent tradition from long ago still affects our culture
today. This custom dates back thousands of years, when individuals killed one
another out of respect for their honour. No one has the right to murder someone
on their own will, even if they are guilty of engaging in an unlawful
relationship for which they may face legal consequences. Since a long time ago,
society has been enslaved by this retrograde trend. That justification can be
used to prevent women from fulfilling their crucial role in society. As women
are slain on the pretence of honour on a regular basis, women strive to limit
their movement or even avoid carrying out their daily tasks outside the home
out of concern that they too would fall prey to this trend on the basis of a
simple false charge of honour killing. Due to their pessimistic outlook, some
of the male members are also hesitant to send their female members outside the
house. As a result, women are confined to the four walls of their house.[1]
ORIGIN OF HONOUR KILLING:
It is not acceptable to exploit the
concepts of honour and shame as an excuse for violence and murder. In numerous
literary works and historical events that took place in various countries
killings for honour have has existed since the time of the Romans, when the
pater families, or head of the family, a daughter who was not married but
engaged in sexual activity or an adulterous wife. When early Jewish law was
legislated in mediaeval Europe, honour-based crimes were known to occur for an
adulterous wife and her partner, execution by stoning.
In India, killing for honour has a
long history. Since the beginning of time, people have death of a member of
their family and claim that these killings were done to uphold honour of the
household. Since the past, gender-based crimes, such as honour killings, have
been employed as a tactic to maintain patriarchal authority over women in
society. Though this does not imply that the man is immune to the evil in any
way. Then there are occurrences of killings of males, primarily because they
engaged in gay behaviour or possibly as a result of the arrange marriage
refusal. However, there are numerous instances in which the majority of the
time, killings of spouses, daughters, daughter-in-laws, etc. are caused by
talking to having an affair with another guy, engaging in extramarital affairs,
or getting married on their own will, etc.
International Conventions:
India has both signed and ratified
the 1979 United Nations Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW). The provisions of CEDAW can be used to
argue that the custom and practice of punishing people for having erroneous
ideas about dishonouring the family constitute institutionalised discrimination
against people. This places a legally binding obligation on India, as a State
party to the convention, to take all necessary steps to put an end to all forms
of the practice of honour killing and make sure that all discrimination against
women in matters relating to marriage and family is eliminated.
The right of everyone to the
enjoyment of the greatest quality of physical and mental health is guaranteed
by Article 12 of the International Covenant on Economic, Social, and Cultural
Rights (ICESCR 1976), and state parties are required to take all reasonable
measures to protect this right. The right of women to the best possible quality
of health is obstructed by crimes of honour that entail sexual abuse, mental
violence, or physical or mental torture. India is therefore required by law to
make sure that people and others who have been harmed by crimes of honour are
allowed to exercise this privilege.
Two important UN texts demand an end
to honour killings. Working toward the Eradication of Crimes against Women
Committed in the Name of Honour and the Declaration on the Elimination of
Violence against Women (1993) both refer to the elimination of violence against
women (2003). However, the elimination of any such occurrence, such as honour
killing, necessitates a significant change in the current situation. Violence
committed in the name of honour still occurs, and there are still no equal
gender relations. The entire system is insensitive and patriarchal.
Legal Scenario in India:
Honour killings occur when families
assassinate members who are believed to have tarnished the family's honour and
reputation. These are instances where a male family member kills a female
relative to restore the family's honour. The deliberate pre-planned murder of a
person, usually a woman, by or at the direction of that person's family is another
definition of the phrase prompted by the idea that she has brought dishonour on
the family. India has ratified laws and conventions that protect such offences.
The Indian Constitution has many
sections that guarantee an individual's freedom of expression regardless of
caste, religion, or gender as well as protection from crimes involving honour,
such as honour murders. These murders also contravene Articles 14, 15 (1) &
(3), 17, 18, 19 and 21 of the Indian Constitution. Every individual has the
right to equality before the law or equal protection under the law, according
to Article 14 of the Indian Constitution. The regular courts have jurisdiction
over everyone, regardless of their position or circumstances.
Honor killings are under the purview
of Sections 299 and 300 of the Indian Penal Code since they include the murder
of a specific individual, usually a woman. Additionally, it violates Articles
19 and 21 of the Constitution. The Protection of Women from Domestic Violence
Act, 2005 ensures that the rights of women, provided by the Constitution, who
are the targets of violence of any sort that takes place inside the family and
for matters connected therewith or incidental thereto, are protected more
effectively. The Protection of Human Rights (Amendment) Act, 2006 includes
provisions for the protection of individual human rights as well as the
establishment of human rights courts, a national human rights commission, and
state human rights commissions.
Judicial Response to Honour Killings:
The
case at hand involves an honour killing. In this case, the Supreme Court ruled
that honour killings committed for any cause fall within the category of the
rarest of rare occurrences and therefore carry the death sentence.
According
to the case's circumstances, the appellant was extremely enraged with his
daughter since she had divorced her husband and was now cohabitating with her
uncle. This infuriated the appellant, who thought that his daughter's actions
had defamed his family. As a result, he strangled her to death. The appellant
was found guilty by the trial court, and the High Court affirmed this finding.
So, the current appeal was submitted. Circumstantial evidence was used in this
instance. The only person in the home who might have committed a crime was the
appellant, and he also had a motive for doing so. Additionally, the appellant
attempted to carry out the deceased's last rites without telling the
authorities in order to obliterate the strangling evidence. The appellant's
mother informed the police that her son had confessed to killing his daughter.
She became combative when called as a witness for the prosecution before the
trial court, nevertheless, and she vehemently denied making any statements to
the police. However, because she plainly had second thoughts and would have
wished to preserve her kid, the court did not trust her denial when she
submitted a statement to the police that was later acknowledged. The
appellant's confession to his mother was accepted as an extrajudicial confession,
which further demonstrated his guilt. The appeal was turned down. According to
the Supreme Court, there is strong circumstantial evidence that the accused
committed the act because he was furious with his daughter and believed that
she had dishonoured him. Therefore, the court determined there was no
justification to overturn the lower courts' ruling and affirmed the appellant's
conviction.
IMPACT ON SOCIETY:
The belief that a man's honour is
tied to his wife and might be compromised by her behaviour is the foundation of
the honour killing issue. This idea led to the first limitations being placed
on women. Man acquired ownership of woman and her sexuality. Later, when this
concept was linked to the caste system, clans, or gotras, it led to opposition
to intra-gotras or inter-caste marriages. Marriages are a factor in the
majority of honour killing occurrences. Any social change is perceived as
undermining the honour of the family, tribe, or community, and individuals
believe that the only way to restore such honour is by killing a member of
their own family in the cause of honour.[3]
Khap Panchayats-
While it also occurs in other parts
of India, the Khap Panchayat is a grouping of a few villages that is mostly
found in North India. They have recently become quasi-judicial entities that
impose severe penalties based on ancient norms and traditions, frequently
approaching retroactive solutions to contemporary issues. Traditionally, these
gatherings resolve conflicts between people and villages. However, there is no
legal or constitutional foundation for these entities. Their choices are
obviously illegitimate and unconstitutional, and they operate under unwritten
laws. They enforce self-created rules supported by sanctions in upholding
society's morals and values without following the law or according to their
whims and desires. Any marriage that defies these rules is punished harshly and
harshly, and these institutions are seen as the arbiters of village life. These
punishments include forcing the girl to get a divorce from her husband,
proclaiming the married pair to be siblings and severing their marital ties,
excluding the families and ordering murders, physical punishment, religious
atonement, and excommunication. One of the harshest ways that violence is
expressed is through executions by caste panchayats. Violence and death are typically regarded as
being preferable than accepting or tolerating a mixed marriage.
In the Satrol Khap Panchayat in the
Haryana hamlet of Narnid changed a 600-year-old rule and permitted intercaste
marriage. According to the head of the Khap Panchayat, this decision was made
in response to shifting societal norms and the State's diminishing female
ratio. Over the past 10 years, Khap Panchayat has developed a wicked reputation
and transformed into a group of people who would stop at nothing to feed their
ego. Khap Panchayat, however, has undergone a subtle transition over time, and
in the near future, it could be recognised as an organisation that opposes
rather than supports honour murders.[4]
Reasons of Honour Killing:
There may be many justifications
offered for the commission of such horrible crimes, but these justifications
will not alter the fact that such attitudes still dominate our society today and
has views that link sexual relationships to family honour, killing members of
their own family in the cause of preserving honour. However, a few explanations
for why honour murders occur include:
· Stratification:
According to sociologists, the caste system's ongoing rigidity is what drives
the practise of honour killing. People who perpetrate such horrible crimes do
so because they are afraid of losing their caste.
· Lack of Governance: The inability of official governance to reach rural communities is the
main factor contributing to the rise in honour killings. Saying that one should
start from scratch in order to get better is not incorrect.
· Mentality: Up
to this day, society is still unable to recognise marriages that take place
inside the same gotra or outside of it. The culture still views the freedom to
choose one's spouse negatively and supports this position with nebulous
arguments like caste mobilisation or restrictions on other castes interfering.
· Khap Panchayat:
Khap Panchayats were largely used by wealthy and higher caste individuals who
wished to strengthen their status and influence in India in the 14th century.
They have largely been ruled by men. The ruthless administration of the
unlawful and unconstitutional panchayat is caused by the absence of established
institutions like Panchayat Smiti or a constitution gathering. Decisions made
by these Khap Panchayats may have been relevant in the past when there was no
express recognition of individual rights, but now that there are laws
protecting individual rights, there is no longer a need for such an
organisation in society.[5]
Conclusion:
Honour Killings does not bring any
honour to the family by killing their spouses, but it does brings disgrace to
the society. Through these cries it is seen that there is lack of proper implementation
of legislations. It is seen that most of these crimes are happening in the
northern part of India where people are less educated. Therefore education also
becomes an important issues why people commit such crimes. Since there is no
specific law in India dealing with the crime of honour killing, Indian courts
use portions of the Indian Penal Code, which are considered to be insufficient,
to trial these cases. Numerous proposals for the adoption of new, distinct laws
against honour killing have been made, but the legislative branch has not yet
been able to do so. Since honour killing has been done for a very long period,
the lawmakers may have felt that introducing new legislation that prohibits it
may cause conflict in the community. This sentimentality of the community's
members may also be a factor. But despite the unrest, the honour killing system
has to be abolished since it is clear that hundreds of people die each year as
a result of these customs. The implementation of new laws that are extremely
stringent, bring all those who perpetrate this crime within the purview, and
punish them severely is necessary to abolish the ills of honour killing. This
will instil dread in the hearts of those who would attempt it. People will be
deterred from acting or committing such a horrific crime by strict regulations.
Suggestion:
Even though there are several rights
and regulations that forbid honour killing, the practise continues to be a
widespread problem. Even when the accused is aware that the offence will result
in severe punishment, they continue to act in ways that put their family's
honour over the needs of the victim. They are willing to accept punishment
rather than the repercussions of bringing shame on the family. Every individual
of our planet has to be educated on the value of their life. Both rural and
urban residents should be informed, and they should be made aware of the
terrible repercussions of the crimes committed against them.
REERENCES:
1. Neeraja, P.2013.“Honour Killing- An
Insane to Human Kind”. worldwidejournals (2). Retrieved September1,2016 https://www.worldwidejournals.com/international-journal-of-scientific-research-(IJSR)/file.php?val=November_2013_1383312704_3f4c2_163.pdf)
2. Singh, Raghu N and Dailey, Doughlas
J. 2016. “Honour Killig”. Encyclopedia Britannica. Retrieved September 1, 2016
(https://www.britannica.com/topic/honour-killing)
3. Deol, Singh Satnam. 2014. “Honour
Killings in Haryana State, India: A Content Analysis”. International Journal of
Criminal Justice Science. 9(2) :192-208.
8. HONOUR KILLING IN INDIA by R.PREETHI International
Journal of Pure and Applied Mathematics Volume 120 No. 5 2018, 1527-1537 http://www.acadpubl.eu/hub/
[3] HONOUR KILLING IN NORTH INDIA –Neelam Kejriwal
https://www.probono-india.in/Indian-Society/Paper/92_honor%20killing%20by%20Neelam.pdf. (Last Visited 15th October 2022)
[4] Facets Of Contemporary
History, Google Books https://books.google.co.in/books?id=3HCbDwAAQBAJ&pg=PA342&lpg=PA342&dq=touching+another+person%27s+feet+shaving+one%27s+head+drinking+dipping+one%27s+nose+another+person%27s+urine+beating+providing&source=bl&ots=DvgQ7rX4oO&sig=ACfU3U2C9j2lO8PnBeUmEz2rySkuXfqtXQ&hl=en&redir_esc=y#v=onepage&q=touching%20another%20person's%20feet%20shaving%20one's%20head%20drinking%20dipping%20one's%20nose%20another%20person's%20urine%20beating%20providing&f=false.(Last Visited 15th
October 2022)
[5] Neelam Kejriwal- HONOUR KILLING IN NORTH INDIA