HONOUR KILLING IN INDIA by – Aarti Rawal
HONOUR KILLING
IN INDIA
Authored by – Aarti
Rawal
Abstract
Honour killing
is a barbaric practise in which a family member,
particularly a woman,
is killed because it is thought that the family's
honour has been violated. Despite being against the law, it is nonetheless common throughout the nation, especially in
India's northern parts. Honour killing is becoming more and more prominent as a result
of the complicated social and cultural issues.
Honour killing is the act of killing
a person—a male or female—who chooses his or her partner
in consonance with his or her wishes.
The head of the family,
who is willing to uphold
the family's honour, prioritises the image and reputation of the family,
but completely ignores the individuals' feelings of love and affection. This research paper is to examine the key reasons
and affects of honour killing
and targets to educate the society and bring out the seriousness of the crime. It is
hard to believe that today in the 21st century that too in the
largest democracy of the world,
Families killed their children for the sake of saving their so called Honour.
And the Question still remain the same as to Is there any honour in killing ?
BACKGROUND
Honour Killing is characterised as Death given
to a man or a woman
by members of their own family
as punishment for being married against their Will or having a relationship
prior to getting married
or getting married
within the same gotra or getting married
outside their caste.
The mindset of those people are such that they are not willing to accept
the fact that their children can marry according
to their own choice. Quite often, it’s go beyond the issue of caste
and religion, in certain scenarios a family would kill just because they
do not want to be associated with the
tag of love marriage. I believe that the phrase “Hamare Ghar ke Izzat” adequately conveys the fundamental reason
for this horrible action. When their daughter
chooses to marry in accordance with their own choice, their alleged
honour reduce. Their daughters are
forced to carry the weight of their Honour. The step of a woman or a man in choosing a life partner according to their
choice beyond the community norms is regarded as dishonour.
HONOUR KILLING
IN INDIA
An Honour killing or Shame killing is the killing of an individual by a
stranger or a family member, they are
doing so in an effort to preserve what they believe to be their own or their family's honour and dignity. Religion,
caste, and other forms of hierarchical social structure are strongly associated to honour killings. This kind of
behaviour is violent and forbidden and caused
because of certain triggers of the society. The study reveals that honour
killings have turned into a prevalent
crime in India, where we claim about having the world's largest constitution and democracy, as well as the
right to life and personal liberty, but as we can see, this horrific act of honour killing was caused by caste, society
and the people’s narrowmindedness. The Supreme
Court ruled against
honour killing, declaring
it to be unlawful and punishable. It is prohibited to kill
or physically harm a girl or woman over her choice to marry a boy who is not supported by the girl's family. In India,
the states of Haryana, Punjab, Rajasthan, and Uttar
Pradesh see a higher rate of honour killings.
CAUSES
The Fundamental cause of the offence is that the members of majority
caste rejects inter-caste relationships
in order to preserve the dignity of their community or the social standing of
their family. When the issue involving the same Gotra
came up, the honour killing
too occurred. The Offence
is committed in order to regain the dignity and respect that the family has
lost as a result of a member
falling in love with someone
from a different caste. There are many reasons for which
honour killing occur and some
of them are mentioned here :
• Wearing clothes
in a manner which are deemed to be inappropriate and unacceptable to the communities;
•
Refusing to enter into or wanting to end or wanting to
marry one’s own choice, If prearranged marriage
does not take place the family could face embarrassment and lead to honour
based violence;
•
Societies where
families frequently exchange gifts and marriages are arranged, a woman’s
desire to obtain a divorce is often seen as an disrespect to the men who arranged the marriage, the women are
perceived as dragging the family to public dishonour by disclosing their marital issues outside of the
family;
•
The fear of the family
being abandoned and rejected by the community as a result
of an accusation against a girl will be enough to damage the
family’s image and lead to an honour killing;
• Rape victims
often experience violent
punishment from their family and other relatives
including honour killing.
Women who have already been sexually assaulted
are frequently regarded as
having brought dishonour or disgrace to their families. This becomes especially true if the
victim gets pregnant;
•
Engaging in homosexual activity, wherein women and
girls die often more frequently than
men. There are reports suggest that families often perceive homosexuality as justification for killing someone in the
name of honour. Violence can also result from
actions that are viewed as inappropriate gender expressions such as a
man acts or dresses in a feminine
way which can raise suspicion and lead to honour based violence.
HONOUR KILLING
AS VIOLATION OF
HUMAN RIGHT
In
the guise of class honour or distorted individual perception of honour, human
rights are violated and fundamental
rights are destroyed. The honour killing incident put the rule of law into a terrible position. The law on Human
rights has always placed a major emphasis on
safeguarding people against abuse in the public domain
and their relations with the government. Thus, there are numerous type of violence
against women. First most Fundamental human right
– “Right to
Life” – is expressly guaranteed by all major human rights instruments and other conventions that are specifically geared
towards women. Honour killing as manslaughter or culpable murder, clearly
violates this right.
Honour killings is a gross
violation of equality
rules ecause they are predominantly gendered crimes,
and many countries
law treat men and women
differently by giving males who commit these crimes pardon. As a result,
law is applied differently to men and
women. There are numerous other human rights which violates such as the prohibition against torture and
other cruel treatment, the right to personal liberty and security of person, the right to privacy, the right to health,
the right to marriage, the right to social security
and inheritance. The Right to Life and the prohibition against discrimination are the
two human rights that should be examined in regard to honour killings the most
because they are consistently
violated in this crime.
LAW RELATED
TO HONOUR KILLING
IN INDIA
As of today, there is no specific legislation in India which is
addressing the issue of Honour killings; crimes
related to Honour
fall under the various other
legislation. These are as follows:
• Section 299
& 304 Indian Penal Code (hereinafter ‘IPC’) : Penalise for Culpable Homicide
not amounting to Murder.
•
Section 307 IPC : Punishment for Attempt to murder
upto 10 years of Imprisonment and
fine and if a person gets hurt the punishment can extend upto life imprisonment
as well.
•
Section 308 IPC : Penalise
Attempt to Commit
culpable Homicide
•
Section 120 A & 120 B IPC : Anybody
who takes part in criminal
conspiracy should be punished.
•
Section 107-116 IPC : Penalise
people for abetment
of an offence.
•
Section 34 & 35 IPC : Penalise criminal activity
carried out by a group of people with common Intention.
Apart
from IPC, cases of Honour killings can be covered under the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989 which deals with the atrocities committed against Dalits & Tribals.
HONOUR KILLING
AND CONSTITUTION
OF INDIA
The said killings in the name of Honour violates Article 14, 15(1)
&(3), 19 and 21 of the Constitution
of India. According to Article 14 & 15 of the Indian Constitution, all
people of India will be treated
equally before the law irrespective of their caste,
creed, sex, race or religion
but there are no equality before
the law when Honour Killings
are done more commonly against
female family members than against male family members- a discrimination
occurs when a woman is murdered. It’s
give rise to violence based on Gender.. Article 19 & 21 respectively discuss the rights to freedom and life.
Honour killing violate both the rights of victim. Each person has the right to live and choose their
life Partner. No one has the right to violate
another person’s freedom
of life. Our Constitution also states that India is a secular
nation and we have the right to adopt and practice any
religion and gives the Right to choose life partner as well. Such rights have the sanction of the
constitution and once it is recognised then that need to be protected and it can not surrender into concepts like class honour which are based on the ideas that are totally
unjustified and baseless. A person’s freedom
of choice is an essential
component of their dignity
since dignity cannot exist in a situation where freedom of choice is being destroyed. Granted, the same is subject
to the constitutional limitation principle, but in the absence of such a restriction, no one
shall be allowed to interfere with the success of the said Choice.
STATISTICS
Figures do not often provide
a complete picture
because many instances of violence or killings go unreported. In India, mostly the cases
of honour killings are reported from the states of Haryana, Uttar Pradesh,
Rajasthan. According to National Crime
Record Bureau (NCRB)
2020 statistics, there
were total of 25 cases of Honour
killing in India, 27 cases of casteism, and 1558 cases of illicit relationship. The Union
Ministry of State for Home Affairs told the Lok Sabha that between 2017 and 2019, there were 145 cases of honour
killing were reported in India. However,
Non-Governmental Organisation (NGO) that works to protect the human rights of Dalits
and Tribal people
in the state of Tamil
Nadu reported in November 2019 that there were 195 cases of honour killings from Tamil
Nadu alone in the past five years, these data clearly indicating that high number of cases goes unreported due to various
factors like Social
stigma, fear of retaliation and lack of trust in the authorities etc.
JUDICIAL PRONOUNCEMENTS
• In the case of Lata Singh vs. State of Uttar Pradesh
(2006) 5 SCC 475, the apex court
observed that the couple has not broken
any law by getting married
outside of the caste as there is no bar to an inter-caste marriage
under the Hindu Marriage
Act, 1955 or any other
law.
• In the case of Arumugam
Servai vs. State of Tamil
Nadu (2011) 6 SCC 405,
the apex court said that khap panchayats are akin
to kangaroo courts and issuing decisions against inter-caste marriages are entirely
illegal and it must be removed with severity.
• In the case of Bhagwan
Dass vs. State (NCT of Delhi) (2011)
6 SCC 396, An accused
filed an appeal against his conviction for killing his daughter, the
apex court held that honour
killings falls under the category
of ‘rarest of rare’ so that it prevents such heinous actions by acting as deterrent.
•
Finally in the case of Shakti Vahini vs. Union of India (2018)
7 SCC 192, the Supreme
Court declared that honour killings
are a kind of honour crimes and acknowledged that any
kind of violence or ill-treatment that amounts to loss of choice of an
individual pertaining to love and marriage by choice is illegal and cannot be allowed a moment of existence.
RECENT PROGRESS
Rajasthan Prohibition of Interference with the freedom of Matrimonial
Alliances in the name of Honour and
Tradition Bill was passed by the State of Rajasthan in 2019. The legislation Mandates
a life imprisonment without the possibility of bail or the death penalty for honour
violence
and accompany with fine upto ?5,00,000/-. Rajasthan becomes the first state to
pass a legislation specifically against Honour killing.
There
are few and inhumane conditions in the shelters run by the government for
couples in danger. The Non-profit
organisation operates more than 500 shelters across India in response to this. They help troubled couples obtain
restraining orders and marriage licenses in addition to providing safety
from honour violence.
CONCLUSION
Honour killings remain
a serious issue
in India despite
numerous laws and progressive Judicial
decisions. For the awareness among the society
about the evils
of this practice
the government must launch extensive awareness
campaigns. In order to ensure the Justice the authorities and Judicial System must make a strong stand
against the criminals who commits such crimes.
Honour killing is abhorrent behaviour that has no place in present day.
It is the time for India to strongly
condemn this Heinous conduct and try to ensure that responsible persons are
held accountable. More stricter
legislation are required to tackle these murders and punish those who break the law and take young innocent
people’s live. The Time has came for the khaps to modernise and adapt to
the new scenario.