Open Access Research Article
HONOUR KILLING IN TAMILNADU
Published Paper
Article Details
HONOUR KILLING IN TAMILNADU
AUTHORED BY
- MANI BALAJI S
SCHOOL OF
LAW
CHRIST
(DEEMED TO BE UNIVERSITY)
ABSTRACT
Honour killing is considered as a ehnious crime in the state. The main
objective of my paper is to state the history and contemporary issue related to
the Honour killing in Tamilnadu and how the current state governemnt is taking
measures to eradictae honour killing in tamilnadu.There is no separate
legislation or act for honour killing and there is know separate punishment as
well. Punishment for honour killing comes under only IPC, Prevention of
Attrocities Act and Protection for women Domestic Violence Act 2005. The
question arises here, why there is no sperate legislation or act to prevent
honour killing in the state. Many datas mention that still there are honour
killing occurs around the state. With the help of many articles I intrepteted
in my paper about honour killings in Tamilnadu. Tamilnadu is still in the
picture of honour killing and and it does not look like it reduced. Many
leaders in Tamilnadu protested against honour killing but still there honour
killing cases are happening in the State. To conclude honour killng is
considered as a pride and upper caste people considered as an achievement in
their communities. When people’s mindset changes and when there is a proper
legislation is brought to eradicate honour killng then there will be a decrease
in honour killing cases.
Keywords: Honour killing, Tamilnadu, IPC, lower caste and upper caste
INTRODUCTION
The word honor derives from the Latin
word for respect, esteem, and rank. Societies have long valued honor, which is
guarded even at the price of one's life. The regulation of public behavior in
accordance with the social norm results in honor, which serves as a group
quality (Gorringe 2016; 256)[1]. Caste
endogamy, Gothra, and territorial exogamy are observed in Indian society, and
breaking one of these restrictions regarding marriage is seen as a defiling of
caste and familial honour. Honour killings are typically considered North
Indian phenomena, although they are increasingly becoming more common in South
Indian states like Andhra Pradesh and Tamil Nadu. However, the marriage laws in
southern India are very similar to those in northern India. Tamil Nadu does not
follow the Gothra exogamy custom,[2] which
forbids unions between people who share the same Dissent (Saint/Rishi). Tamil
Nadu also does not adhere to the Sapinda rule, which forbids marriages
involving eight generations on the mother's side and five generations on the
father's. Exogamy laws that forbid marriage inside a single village, known as
territorial or village exogamy, are also overlooked. Cross-cousins are
permitted to marry one another in Tamil Nadu under a practice known as joyous
marriage or preferential marriage. This essay examines the connections between
kinship, matrimonial laws, and Tamil Nadu's sociopolitical and economic
features concerning honour and power.
CASTE, HONOUR, AND GENDER
The caste system of stratification in
India is established and sustained by caste endogamy. Also, caste endogamy
ensures a community maintains control over its financial resources.
Furthermore, any deviation from the established matrimonial laws will change
the caste system and the ties between the various groups. It may also change
the caste- and kinship-based support structures for livelihood and production
(Chowdhry, 2010;)[3]
There is no room for individual liberty
in dating or experiencing feelings of love in this complex web of social and
economic relationships. Because of this, kinship and marriage laws are
fundamental in the Hindu caste system.
Women's bodies act as "containers" of the group's honor
because they are "responsible" for reproduction, while men act as
"guardians." Women are under their father's guardianship until they
reach marriageable age, after which they are "passed on" to their
husbands. Cultural standards are enforced as codes of conduct (behavior) of
women in their private and public lives by men's authority over them. Cultural
standards are informed by familial, caste, and community norms. A breach in
male guardianship and matrimonial laws is seen to have violated community and
family honor, which is restored by killing the parties to such contentious
unions. This act of murder to protect the perceived community and family honor
is widely recognized as honor killing. Love marriages are perceived as female
assertions of independence threatening the structures of patriarchy. As long as
the newlyweds are from the same caste and class, the community may not object
to love marriages, despite what some families may think.
However, intercaste marriages are
considered a threat to the social fabric of Hindu caste society and are
vehemently condemned. Marriages between different castes upset both the social
and familial hierarchies of society. Due to the rise of concepts like liberty,
participatory democracy, and equitable development, caste endogamy has recently
been breached more frequently. Lower caste groups and women contest caste
norms, traditional authorities, kinship, and the idea of honor due to greater
access to education and financial resources. Additionally, they use
nontraditional power sources like the court system and other political and
constitutional structures (Chowdhry, 2010; 12).[4]
Individuals who challenge marriage prohibitions are against a community that is
frequently more strong and combative. Intercaste couples are either murdered by
their parents or through the interventions of caste panchayat. Caste Panchayats
are a group that enforces regressive caste and gender norms to uphold social
stratification and hierarchy. Elders from the dominant caste in the area hold
positions on this extrajudicial, unconstitutional council.
HONOUR KILLINGS AS A WHOLE IN INDIA
Despite being illegal in India,
honour killings are still prevalent, with an estimated of nearly 1000 cases
reported annually.[5] According
to the National Crime Bureau 2020 statistics, there were nearly 25 cases
reported regarding honour killing cases in India.[6] However, this number is likely
underestimated, as many cases go unreported due to fear of retaliation or
social stigma. Nearly 145 cases were reported between 2017 to 2019 in India.[7]
The Indian government has taken steps
to address the problem of honour killings, including passing legislation to
prevent and punish the practice. In 2010, the Protection of Women from Domestic
Violence Act[8] was
passed, which includes provisions to prevent and punish honour killings.
Additionally, the Supreme Court of India has issued directives to state
governments to take action to prevent and investigate honour killings.
However, the problem persists due to
a lack of effective implementation of laws, social attitudes that support the
practice, and weak enforcement mechanisms. In many cases, the police and
judicial system are complicit in honor killings, and families and communities
often go unpunished for carrying out these heinous crimes. Addressing the issue
of honour killings requires a multi-faceted approach that includes legal
reforms, education and awareness campaigns, and efforts to change cultural
attitudes and norms. The government must work to improve the enforcement of
existing laws, and community leaders and religious figures must speak out
against honour killings and promote gender equality.
Honour killings are a severe problem
in India, rooted in deeply ingrained social norms and cultural practices. The
Indian government must take intense action to prevent and punish these heinous
crimes, and society must work to change attitudes and beliefs supporting honour
killings. Only by taking a comprehensive approach can we hope to end this
barbaric practice and ensure that women in India are safe from violence and
discrimination.
PROTECTION OF WOMEN FROM DOMESTIC
VIOLENCE ACT, 2005
Honour killings have no place in a
civilized society. The Protection of Women from Domestic Violence Act (PWDVA)
seeks to address this issue. The PWDVA was enacted in 2005 to protect women
from domestic violence, including physical, sexual, verbal, emotional, and
economic abuse.[9] The Act
defines domestic violence as any act or omission that harms or endangers a
woman's health, safety, life, limb, or well-being, whether physical or mental.
The Act also recognizes honour killings as domestic violence and protects women
at risk of such violence. Under the PWDVA, a woman at risk of honour killing
can seek protection by filing a complaint with the Protection Officer, who will
then take appropriate steps to ensure her safety. The Protection Officer may
issue a protection order prohibiting the perpetrator from committing any act of
violence against the woman or entering her residence or workplace. The
Protection Officer may also arrange for the woman's safe accommodation and
provide her with medical and legal aid. In addition to protecting women at risk
of honour killings, the PWDVA also recognizes the rights of women to live with
dignity, free from violence and harassment. The Act empowers women to assert
their rights and seek legal redress for any act of domestic violence, including
honour killings. The Act also imposes penalties on perpetrators of domestic
violence, including imprisonment and fines.
The Protection of Women from Domestic
Violence Act is a significant step towards addressing the issue of honour
killings in India. The Act recognizes honour killings as domestic violence and
protects women at risk of such violence. The government and society need to
work together to eradicate the practice of honour killings and ensure that
women are treated with dignity and respect.
SCHEDULED CASTE AND SCHEDULED TRIBE (PREVENTION OF ATROCITIES), ACT 1989
To address this social evil, the
Indian government has taken steps to prevent honour killings and provide
justice to the victims through the implementation of the Prevention of
Atrocities (SC/ST) Act.[10] The
Prevention of Atrocities (SC/ST) Act, also known as the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, is legislation enacted
by the Indian Parliament to protect the rights and interests of individuals
belonging to the Scheduled Castes (SC) and Scheduled Tribes (ST), who are
considered historically marginalized and disadvantaged communities. The Act
aims to prevent and punish offenses committed against SC/ST individuals,
including honour killings, often rooted in caste-based discrimination. Under
the Prevention of Atrocities Act, honour killing is recognized as a severe
offense, and stringent provisions have been incorporated to combat this heinous
practice. The Act defines "atrocities" as offenses such as murder,
assault, grievous hurt, sexual exploitation, and humiliation, among others,
when committed against SC/ST individuals. It mandates special courts for the
speedy trial of cases related to atrocities against SC/ST individuals. It also
provides for the appointment of exclusive public prosecutors to handle such
cases.
One of the key provisions of the Act
is that it lays down strict liability on the accused, meaning that if the
accused is found guilty of committing an offence against an SC/ST individual,
the burden of proof lies on the accused to establish his/her innocence, rather
than on the victim to prove the guilt of the accused. This provision helps to
ensure that victims of honour killing are not further victimized or harassed
during the legal process and that the accused are held accountable for their
actions. The Act also establishes special cells and exclusive police stations
to register and investigate complaints related to atrocities against SC/ST
individuals. It also empowers the National Commission for Scheduled Castes
(NCSC) and the National Commission for Scheduled Tribes (NCST) to monitor the
implementation of the Act and take appropriate action to safeguard the rights
of SC/ST individuals. Despite these progressive provisions, honour killings
continue to occur in India, often due to deep-seated social prejudices and
discriminatory attitudes. Many cases go unreported or are not properly
investigated, and victims and their families face social ostracism, threats,
and intimidation. However, the Prevention of Atrocities Act has provided a
legal framework to address honour killings. It has resulted in the prosecution
and conviction of perpetrators in several cases.
In recent years, there have been
calls to strengthen the Prevention of Atrocities Act further to make it more
effective in preventing honour killings. These calls include demands for
stricter enforcement, increased awareness and sensitization among law
enforcement agencies, and support and protection of victims and their families.[11] The
government, civil society, and communities must work together to eradicate the
evil practice of honour killing and ensure that justice is served to the
victims in line with the principles of equality, dignity, and human rights.
HONOUR KILLINGS IN TAMILNADU
The roots of honour killings can be
traced back to ancient Tamil Nadu through folklore such as Madurai Veeran. King
Thirumalai Nakar of Nayaka’s dynasty murdered his army chief for falling in
love with a woman from the upper caste and upheld the values of Manusmriti. He
later built a temple to remember his service to the kingdom, so Madurai Veeran
obtained demi-god status. This folklore explains the presence of honour
killings from the pre-colonial era and how such stories are repeated and
maintained alive in the public awareness that makes caste endogamy
traditionality and so unquestionably undeniable. Honour killings were not as
common as in the states of Haryana and Uttar Pradesh in northern India.
Dravidian politics profoundly influenced inter-community power dynamics and
social interactions, including Tamil nationalism and the anti-caste movement. Dravidian
politics campaigned for equal representation in public jobs and education and a
larger share of power and resources for non-Brahmins (Gorringe, 2016; 275).[12] E. V.
Ramaswamy's self-respect movement, which promoted intercaste marriages and the
elimination of untouchability, was also working towards the caste system's
eradication at the same time.[13] Such
initiatives, however, could not reach Tamil Nadu's rural areas. Dravidar
Kazhagam's offspring political parties, including Dravida Munnetra Kazhagam and
Anna Dravidar Munnetra Kazhagam, eventually abandoned its anti-caste stance.
The Indian electoral system's universal adult franchise allowed the numerically
more robust Other-Backward Classes to mobilize behind caste to gain economic
and political power. The internal reservation secured by the Vanniyar community
and the electoral success of Pattali Makkal Katchi (PMK) was achieved through
such vigorous caste mobilization. Even progressive parties such as DMK and ADMK
started appeasing dominant castes to secure their community vote banks by
providing seats for local dominant community leader tickets to contest
elections under party leadership. Other Backward Castes are mobilized through
claims of distinguished past to establish a sense of pride and honour that
makes them superior in their geography. They establish dominance by promoting
violence targeted against lower caste communities. Their sense of honour is
derived from the subordinating and humiliating of other communities below them
in the social hierarchy. An increase in honour killings can be directly linked
to the rise of sectarianism and caste politics. This answers one of the most
critical questions of who ensures caste endogamy and punishes those who
challenge it when there are no Khap Panchayats in Southern India. The local
caste leader either murders intercaste married couples or influences parents
and relatives to murder them.
In 2015 Gokulraj, from a Dalit
community, married an upper-caste girl from the Goundar community and was
brutally murdered by Yuvaraj and his associates. Yuvaraj belongs to the
Kongu-Vellalar caste-based outfit known as Dheeran Chinnamalai Peravai, and he
committed this murder to protect the honour of the caste. This organization is
highly notorious for mobilizing the Vellalar community against inter-caste
marriages, which brought him fame and respect amongst the community youngsters.
He utilized this fame to obtain political power in the region. Similarly, the
honour killing of Vimaladevi, who belongs to a Most Backward class Kallar
community, eloped with a person from a Scheduled caste person. She was
kidnapped and murdered by her parents, who staged it as suicide. However, Tamil
Nadu Untouchability Eradication Front identified Devar Murugan, a local caste
leader, as one who manipulated and assisted Vimalladevi’s parents in the
murder. He is a functionary of a caste organization and runs various local
businesses built over Kallar community resources. Caste organizations attract
unemployed community youth by tingling the sentiments of valor and pride. The
unemployed community youth serve as the functionaries of the local caste
organizations. They are attracted to caste organizations by tingling their
sentiments of Honour and Pride derived through the subordination of other lower
caste communities in the region. The youngsters' excessive time at their
disposal makes them devote time to work as foot soldiers in their caste
organizations.
As Prem Chowdry argues, unemployment
being an emasculating experience, youngsters obtain a sense of self-esteem and
legitimize their position in the family through controlling women (2010; 294).[14] They are
also frequently given gigs by the organization to keep them busy. Larger
political parties constantly fund caste-based political organizations and
vigilantes, and the MLA candidates are also selected with their approval. The
caste leaders commonly promise particular importance in jobs and government
contracts to their community members in return for their broader electoral
support. Thus community's honour is utilized to obtain economic and political
power.
THE FREEDOM OF MARRIAGE AND ASSOCIATION AND PROHIBITION OF CRIMES IN THE
NAME OF HONOUR BILL 2022
The Dalit
Human Rights Defender Network, a group of anti-caste activists and
organizations, has drafted a bill called 'The Freedom of Marriage and
Association and Prohibition of Crimes in the Name of Honour Act 2022'.[15] The bill
is intended to create a special central law to prevent 'honour killings' and
hold those who commit such crimes accountable. The bill aims to offer justice,
compensation, and rehabilitation to victims of crimes committed in the name of
honour, including those based on caste, faith, age, gender, sexual orientation,
language, class, race, status, and tradition. The founder-director of Evidence,
A Kathir, leads the coalition behind the bill. While Rajasthan has passed a
bill against honour killings and mob lynchings, this draft bill is intended to
extend to the entire country. The bill seeks to protect against victimization
in the name of honour and outlines punishments for perpetrators, compensation
and rehabilitation for survivors, and protective measures to be implemented. It
also identifies various types of victimization, including social and economic
boycotts.
Right to choose partners
The Bill highlights the right of
adults to select partners freely without any influence from their families,
castes, tribes, religious communities, or clans. It aims to provide protection
not only to those who decide to get married but also to individuals who wish to
be in a relationship. The Bill allows either a district magistrate or a nodal
officer to receive a statement from the couple, either in writing or orally,
expressing their intention to be together. The nearest police station must be
informed of this statement. The police cannot act against the couple if they
are pressured by anyone, including family members, relatives, or members of
their religious community. The Bill emphasizes that protection must also be
extended to couples who may face harassment due to their gender or sexual
identity.
Killing in the Name of honour
The Bill contains an extensive list
of actions that can be considered criminal victimization to preserve the honor
of a caste, religion, or any social norm. Some of these actions include but are
not limited to evicting couples from their residence, abducting one of the
partners or anyone associated with them, and enforcing a social or economic
boycott on the couple or their families. The Bill also encompasses
possibilities of physical harm, sexual violence, forced abortions,
intimidation, and causing emotional distress by pressuring them to separate and
confiscate important personal items like laptops, phones, and documents.
Furthermore, the Bill recognizes that intimidation can occur through viral
messages or videos on social media, which may encourage others to threaten
couples or create disturbances at a person's workplace.
Penalties
The Bill proposes legal protections
and penalties to address the offences outlined in it. In consultation with the
High Court, the state government must designate district courts as fast track
courts to try such cases. The trial is to be concluded within three months of
filing the chargesheet.
All offences under the Bill must be
non-bailable, irrespective of anything contained under the Code of Criminal
Procedure (CrPC). The burden of proving innocence is to be placed on the
perpetrator. Those who commit 'honour' killings will be punished with rigorous
imprisonment for life and a minimum fine of Rs 10 lakh. Attempted 'honour'
killings that result in disability will be punished with imprisonment of at
least ten years and a fine of Rs 5 lakh. Anyone who abets, attempts, or
conspires to commit the offence, or encourages or assists the suicide of the
victim will be punished as if they had committed the offence.
Furthermore,
the Bill suggests empowering judges of fast-track or magisterial courts to issue
an injunction against any party, including caste panchayats, restraining them
from carrying out acts of intimidation. If anyone has prior knowledge of a
crime motivated by honour, they may file a complaint in such a court, and the
court is required to issue an injunction. The metropolitan magistrate or a
special fast-track court will take suo motu cognizance based on any reliable
report that a crime motivated by honour is about to take place. Failure to
comply with such an injunction will be punishable with imprisonment of up to
two years, a fine of Rs 1 lakh, or both.
Prohibition of Panchayats
If any police or administrative
officer becomes aware of a caste panchayat gathering with the intention of
committing crimes in the name of honor against a couple or individual, they
must inform the Deputy Superintendent of Police (DSP) or Superintendent of
Police (SP). The DSP or SP must take immediate action to inform those
attempting to assemble the caste panchayat that it is illegal, and if
necessary, deploy adequate police force to stop the gathering. If the caste
panchayat still forms despite these measures, the sub-divisional magistrate or
district magistrate must issue an order prohibiting the unlawful assembly. In
such cases, the police must file a First Information Report (FIR) under
relevant sections of the Indian Penal Code (IPC) including unlawful assembly
and criminal intimidation."
According to Kathir, who spoke to
TNM, this draft Bill not only addresses caste, but also patriarchy as factors
in honor killings. He emphasized that marriage should be a woman's choice, but
in reality, it is often influenced by caste, religion, and patriarchy, and this
Bill aims to protect intercaste and interfaith couples, and move towards a
casteless society. He further highlighted that India has the third highest
number of murders related to people's choice of partners, and there is also a
distressingly high number of women who die by suicide due to not being able to
be with a partner of their choice. Additionally, the current legislation does
not provide justice under the SC/ST (Prevention of Atrocities) Act for the
partner who does not belong to a Scheduled Caste or Scheduled Tribe community
in cases of honor killings of intercaste couples, which the draft Bill aims to
address.
CONCLUSION
In persuasion of economic and
political power, caste pride and community honour is embodied by women in
multiple ways (Gorringe 2016; 262).[16]
In a society undergoing dynamic changes in power relations between communities,
the men see themselves as the protector of “their” women, which includes
surveillance, caste purity, endogamy, and sexual virtuosity (Gorringe, 2016;
262). When a woman from the upper caste marries an individual from the lower
caste, they elevate the lower caste community to their status, which is
perceived as a threat to their power as they might contest for equal status. In
a society where Honour and status are relational to one another, intercaste
marriage destabilizes it, so such unions are violently opposed. Understanding
how terminologies such as Honour killings inform our understanding of the
social phenomenon is also significant. As Derrida points out, the words we use
to express external reality influence our understanding of that phenomenon and
sometimes can be misleading. Hence anticaste Tamil discourse contests
logocentric terminology of honour killing with the alternative term “Arrogance
killing.” In Tamil, honour killings are “Aanava Padukolai,” translated as
Arrogance killing in English. How can an act of murder bring honour to a
community? Thus, it can only be done because of caste arrogance.
[1]
https://www.researchgate.net/scientific-contributions/Tim-Gorringe-2026833931
[2]
https://www.yourarticlelibrary.com/marriage/selection-of-spouse-among-the-hindus/47460
[3]
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[4] Zhang, Y., Chowdhury, P.,
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[6]https://www.herzindagi.com/society-culture/aayushi-chaudhary-honour-killing-case-highlights-the-horrors-of-castiest-patriarchy-article-214593
[7]https://www.indiatoday.in/india/story/145-incidents-of-honour-killing-between-2017-and-2019-1839321-2021-08-10
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[10]
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[11] https://clpr.org.in/blog/the-need-for-a-law-on-honour-crimes/
[12]
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[13]https://homegrown.co.in/homegrown-explore/self-respect-movement-india-s-first-fight-for-dignity-in-1925
[14]
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[15]
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[16]
https://www.tandfonline.com/doi/pdf/10.1080/09584935.2017.1360246
Article Information
HONOUR KILLING IN TAMILNADU
Authors: MANI BALAJI S
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/27
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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