Open Access Research Article
HONOR KILLING: AN OFFENCE AGAINST HUMAN BODY
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Article Details
HONOR KILLING: AN OFFENCE AGAINST HUMAN BODY
AUTHORED
BY - MUKUL JHA
Advocate at Bar Council of Delhi
Abstract
Honor
killing a gruesome and violent crime against human body. It may sound very
strange but it is true that even in today’s 21st century we hear
such type of crime. “As per the latest data from
the National Crime Records Bureau (NCRB), the number of honor killings reported
in India was 25 each in 2019 and 2020, and 33 in 2021. But these figures are
based on those reported, and the number could be much higher than mentioned.”[1]
There is not any specific and designated legislation or law
related to Honor killing, but all such type of cases currently registered and
falls under Indian Penal Code (IPC). Offence against human body under IPC deals
currently deals with such type of crime mainly under the section 229 & 300
of IPC.
Such same full killing is against humanity. Such type of
Killing takes place in the name of so called “honor” and “dignity”.
Although honor killing cases are more prevalent in a few
North Indian states, like Uttar Pradesh, Bihar, Rajasthan, Haryana, Jharkhand
and Punjab, it is being increasingly reported in the South too, including
Karnataka and Telangana.[2]
The below manuscript threw the light on the legal scenario of
honor killing, its national and international framework, rights of the victims
of honor killing as well as the steps taken Supreme Court of India to address
this socio- legal issue.
Introduction
Honor killing is one the form of killing a person by a
person. Honor killing is one of the gruesome and crime against human body. Such
killing take place in society when people thought their honor or dignity was
harmed by the person from their own community. It generally takes place against
women in many scenarios. Inter- caste marriage couples are mainly seen as the
victim of such cases. Peoples from the queer’s community (LGBTQ ++) also many times
falls under a prey in name of honor killing.
Honor killing not only takes place in some of the Indian
states but also in many parts of the world even in developed countries.
The
report published by W.H.O which point out that “…In the UK and Sweden, research
shows that social service and criminal justice systems have often characterized
these murders as ‘cultural traditions’ rather than as extreme forms of violence
against women. This attitude, and a general misunderstanding of the gender
underpinnings of these crimes, has led to inadequate legal and social
protection for girls and women who are under threat of crimes related to
‘Honor’ in these countries...”[3]
“There
are an estimated 5000 murders in the name of ‘honor’ each year worldwide,
although this is believed to be an underestimate. These killings occur mainly
in parts of the Middle East and South Asia, but also among some migrant
communities – for example, in Australia, Europe and North America. Studies have
reported ‘honor’ killings being committed by use of firearms, axes and edged
tools; through strangulation and stabbing; and by burning, forcing a woman to
take poison or throwing her from a window.”[4]
Legal scenario of honor killing
In
India there is not any specific statue which deals with honor killing, but all
such cases are currently tackle in IPC under the penal provision of murder and
culpable homicide.
The law commission of India on his report on honor killing
point out that “…The so-called ‘honor killings’ or ‘honor crimes’ are not peculiar
to our country. It is an evil which haunts many other societies also. The
belief that the victim has brought dishonor upon the family or the community is
the root cause of such violent crimes. Such violent crimes are directed
especially against women. Men also become targets of attack by members of
family of a woman with whom they are perceived to have an inappropriate
relationship…”[5]
The
supreme court of India also commented and give their judgements in many of the
cases related to honor killing.
In Lata Singh case supreme court in his word said that “…We
sometimes hear of “honor” killings of such persons who undergo inter-caste or
inter- religious marriage of their own free will. There is nothing honorable in
such killings, and in fact they are nothing but barbaric and shameful acts of
murder committed by brutal, feudal-minded persons who deserve harsh punishment.
Only in this way can we stamp out such acts of barbarism…”[6]
There
is also international legal framework on Honor Killing such as “The Convention
on the Elimination of all Forms of Discrimination against Women (CEDAW) is an
international treaty adopted in 1979 by the United Nations General Assembly.
Described as an international bill of rights for women, it was instituted on 3
September 1981 and has been ratified by 189 states. India is a signatory to the
United Nations Convention on the Elimination of all Forms of Discrimination
against Women (CEDAW 1979) and has also ratified the convention. The provisions
of CEDAW can be used to argue that the tradition and practice of punishing
individuals for ill-informed ideas of dishonoring the family, is essentially
institutionalized discrimination against individuals and creates a legally
binding obligation for India, as a State party to the convention, to take all
measures to end all forms of the practice of honor killing and ensure that all
discrimination against women in matters relating to marriage and family
relations are eliminated, providing them with the equal right to enter into
marriage and to freely choose a spouse and to enter into marriage with their
free and full consent”.[7]
Rights affected by Honor killing
Honor killing is also a gruesome killing of the fundamental
rights of the person who become the victim of honor killing. Honor killing
violates the right of life under Article 21 of the constitution of India which
talks about right to life, personal liberty, dignity of the person, privacy and
orientation.
In the name of honor killing no one has a right to affect,
violates and kill the rights of another person. Supreme court also in this
regard said that “One may feel “My honor is my life” but that does not mean
sustaining one’s honor at the cost of another. Freedom, independence,
constitutional identity, individual choice and thought of a woman be a wife or
sister or daughter or mother cannot be allowed to be curtailed definitely not
by application of physical force or threat or mental cruelty in the name of his
self-assumed honor. That apart, neither the family members nor the members of
the collective have any right to assault the boy chosen by the girl. Her
individual choice is her self-respect and creating dent in it is destroying her
honor. And to impose so called brotherly or fatherly honor or class honor by
eliminating her choice is a crime of extreme brutality, more so, when it is
done under a guise. It is a vice, condemnable and deplorable perception of
“honor”, comparable to medieval obsessive assertions.”[8]
Steps taken by the Court
Supreme court of India in Shakti Vahini case, also known as
one of the landmark cases on honor killing held that “there needs to be
preventive, remedial and punitive measures to tackle the case of Honor killing
which were as following:
1.
Preventive measure
a)
The State Governments should forthwith identify
Districts, Sub-Divisions and/or Villages where instances of honor killing or
assembly of Khap Panchayats have been reported in the recent past five years.
b)
The Secretary, Home Department of the
concerned States shall issue directives/advisories to the Superintendent of
Police of the concerned Districts for ensuring that the Officer In charge of
the Police Stations of the identified areas are extra cautious if any instance
of inter-caste or inter- religious marriage within their jurisdiction comes to
their notice.
c)
If information about any proposed gathering
of a Khap Panchayat comes to the knowledge of any police officer or any officer
of the District Administration, he shall forthwith inform his immediate
superior officer and also simultaneously intimate the jurisdictional Deputy
Superintendent of Police and Superintendent of Police.
d)
On receiving such information, the Deputy
Superintendent of Police (or such senior police officer as identified by
the State Governments with respect to the area/district) shall immediately
interact with the members of the Khap Panchayat and impress upon them that
convening of such meeting/gathering is not permissible in law and to eschew
from going ahead with such a meeting.
2.
Remedial Measures: -
a)
Despite the preventive measures taken by the
State Police, if it comes to the notice of the local police that the Khap
Panchayat has taken place and it has passed any diktat to take action against a
couple/family of an inter-caste or inter-religious marriage, the jurisdictional
police official shall cause to immediately lodge an F.I.R. under the
appropriate provisions of the IPC including Sections 141, 143, 503 read
with 506 of IPC.
b)
Upon registration of F.I.R., intimation shall
be simultaneously given to the Superintendent of Police/ Deputy Superintendent
of Police who, in turn, shall ensure that effective investigation of the crime.
c)
Immediate steps should be taken to provide
security to the couple/family and, if necessary, to remove them to a safe house
within the same district or elsewhere keeping in mind their safety and threat
perception. The State Government may consider of establishing a safe house at
each District Headquarter for that purpose.
3.
Punitive Measures:
a)
Any failure by either the police or district
officer/officials to comply with the aforesaid directions shall be
considered as an act of deliberate negligence and/or misconduct for which
departmental action must be taken under the service rules.
b)
The States to take disciplinary action the
concerned officials if it is found such official(s) did not prevent the
incident, despite having prior knowledge of it, or where the incident had
already occurred, such official(s) did not promptly apprehend and institute
criminal proceedings against the culprits.
c)
The State Governments shall create Special
Cells in every District comprising of the Superintendent of Police, the
District Social Welfare Officer to receive petitions/complaints of harassment
of and threat to couples of inter-caste marriage.
d)
These Special Cells shall create a 24-hour
helpline to receive and register such complaints and to provide necessary
assistance/advice and protection to the couple.
e)
The criminal cases pertaining to honor
killing or violence to the couple(s) shall be tried before the designated
Court/Fast Track Court earmarked for that purpose. The trial to be
concluded within six months from the date of taking cognizance of the offence.”[9]
Conclusion
Honor killing being a socio-legal issue which requires to be curb a
grass route level. There must be a proper legal mechanism to deal with such
type of issue. It requires to change the mind setup among such types of people
who believe and promote such type of killing because it was seen that in many
circumstances the family of the victim promotes honor killing. The social
thinking needs to be change at rural and urban level. Awareness among the
people about their legal rights if such type of scenario arises before them or
came to their knowledge.
[1] Ashwini M Sripad, “Killing honour in the name of honour killings”
the New Indian Express, Sept. 4,2023.
[2] Ibid.
[3] World Health Organization & Pan American Health
Organization, Report on Understanding and addressing violence against women:
femicide (World Health Organization, 2012).
[4] Ibid at 2.
[5] Law Commission of India, 242nd
Report on Prevention of Interference
with the Freedom of Matrimonial Alliances (in the name of Honor and Tradition):
A Suggested Legal Framework (August, 2012).
[6] Lata Singh v. State of UP 2006 (5) SCC 475.
[7] Mr. Salim Khan, “Honor Killing -
Current National and International Legal Framework” 11 IJRES, 228 (2023).
[8] Vikas
Yadav vs State Of U.P AIR 2016 SC 4614.
[9] Sakti Vahini v. Union of India (2018)
7 SCC 192.
Article Information
HONOR KILLING: AN OFFENCE AGAINST HUMAN BODY
Authors: MUKUL JHA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/11
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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