Open Access Research Article

HONOUR KILLINGS IN INDIA: CULTURAL PRACTICES VS. LEGAL PROVISIONS

Author(s):
RONAK BANSAL DR. ALAKNANDA RAJAWAT
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 8
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Abstract

Honour killings — the murder of individuals, predominantly women and young men, by members of their own family or community on the pretext of having dishonoured family or caste prestige— constitute one of the most egregious violations of fundamental rights in contemporary India. Despite being criminally punishable as murder under the Indian Penal Code, 1860, and now the Bharatiya Nyaya Sanhita, 2023, such killings persist across several states, particularly in the northern and western regions of the country, sustained by deeply entrenched patriarchal customs, caste endogamy, and khap panchayat diktat. This paper interrogates the fundamental tension between constitutionally protected cultural practices and the state's obligation to prevent extrajudicial violence. It examines the statutory framework — including the Indian Penal Code, the Special Marriage Act, 1954, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Protection of Women from Domestic Violence Act, 2005 — as well as the evolving judicial response of the Supreme Court of India and various High Courts to honour-based violence. Landmark pronouncements, including Shakti Vahini v. Union of India (2018), Arumugam Servai v. State of Tamil Nadu (2011), and Lata Singh v. State of Uttar Pradesh (2006), are analysed in depth. The paper further considers the absence of a dedicated legislation on honour killings in India, evaluates the Law Commission's recommendations and parliamentary attempts at reform, and proposes a comprehensive legislative and institutional response that centres the dignity and autonomy of individuals against the coercive power of family and community.  

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Authors: RONAK BANSAL& DR. ALAKNANDA RAJAWATRegistration ID: 1013572 | Published Paper ID: IJLRA13572 & IJLRA13575 Approved ISSN: 2582-6433 | Country: Delhi, India

Article Information

HONOUR KILLINGS IN INDIA: CULTURAL PRACTICES VS. LEGAL PROVISIONS

Authors: RONAK BANSAL, DR. ALAKNANDA RAJAWAT

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 8
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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