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Honour Killings: Nothing Honourable about them

Honour Killings: Nothing Honourable about them

HONOUR killing is a misnomer and misunderstood concept. One can actually call it “owner killing” – the murder by an “owner” of a human he/she considers an “asset” at the time when the victim is trying to convert his/her ownership without the consent of the “owner”.

Honour killing in India has unfortunately been reduced to the usage of such adjectives. Also called customary killing, honour killing is the murder of a female member of a family by other members and/or the social group due to the belief that the victim has brought dishonor to the family/community. Honour killings are mostly directed against the female members but now even men are coming under its grip.

Honor killings have been reported from across the country, especially from the northern and southern states. These include Punjab, Rajasthan, Haryana, Uttar Pradesh, Andhra Pradesh, Tamil Nadu, etc. The reasons are usually the victims marrying without their family’s acceptance, or marrying outside their caste or religion; losing virginity; non-approved relationships; for seeking divorce, child custody issues and even eloping, rape andpregnancy. Reported now from various cultures, the crime is committed mainly by fathers and other family members against their daughters with meticulous planning

There are various reasons enumerated along with case studies to explore reasons behind honour killings:

  • Religion: Honour crimes occur in societies where there is an interplay between discriminatory traditions and the statutory law. In some countries, this discrimination is exacerbated by the inclusion of Shari’a, Islamic law, or the concept of zina (sex outside of marriage).
  • Same gotra: Marriage in the same gotra is prohibited which has also been upheld by the Supreme Court. In a landmark judgment in March 2010, the Karnal district court ordered the execution of the five perpetrators in an honour killing case,while giving a life sentence to the khap (local caste-based council) head who ordered the killings of Manoj Banwala (23) and Babli (19), two members of the same clan who eloped and married in June 2007.
  • No suitable match: While parents aspire to find the perfect match for their children, when they take matters into their own hands, especially daughters, parents go to every extent to redeem their honour. In Delhi in June 2010, a 19-year-old girl and her boyfriend were tortured for hours before being electrocuted. The girl’s father and uncle, who were arrested later, allegedly confessed of killing the couple because they felt that the boy, a taxi driver, was not a suitable match for the girl.
  • Matrimonial discretion: Denying women their basic rights to make autonomous decisions about marriage is common to traditional patriarchal families. It is considered revolting and rebellious, becoming reasons for honour killing. In ArumugamServai vs. State of Tamil Nadu , the Supreme Court strongly deprecated the practice of khap/kattapanchayats taking law into their own hands and indulging in offensive activities which endanger the personal lives of the persons marrying according to their choice.
  • Non acceptance of love marriages: In India, especially rural India, entering into love marriage is looked down upon with great disdain, leading to honour killings. Once such incident was reported on May 9, 2008.Sunita Devi, 22, and the husband Jasbir Singh, 27, had married without the consent of their families. As a result, the couple was hacked to death by Sunita’s father and other relatives. Members of their traditional village celebrated the murders and the sarpanch allegedly announced with pride that the entire village “supported the family in its noble act”.

The khap panchayats or village councils or kangaroo courts have been announcing such Talibanesque diktats mainly because they consist of members of the dominant caste of a village. These panchayats assume they have the power and rightful authority to deal with the ‘objectionable matrimonies’ and hence, give their ‘verdicts’ and even pressurize their family members to execute their verdicts. This directly intervenes with Articles 14, 15(1), 15(3) and Article 21 of the Constitution which relate to right to live, right to move freely, right to equality and right to security.

So far, honour killings have been dealt under Section 300 of the Indian Penal codefor commission of murder with life sentence, death or fine, Section 307 attempt to murder, Section 120 A and B for being party to criminal conspiracy and Sections 107-116 for abetment of offences such as murder or culpable homicide.

HONOUR KILLINGS AND JUDICIARY

Honour killings include torture, mutilation, rape, forced marriage, imprisonment within the house and even murder. Moreover, these crimes are intended to protect the family honour by preventing and punishing a woman for allegedly violating community norms of behavior, particularly sexual behavior. This is in direct violation of human rights. At present, there is no special law under the IPC that deals with honour killings. There is also no law which punishes the illegal and often barbaric actions of the Khap or community panchayats or other caste or religious associations. Some offences under the IPC 1860 are invoked to book offenders in these cases but these offences do not cover the entire gamut of illegal actions perpetrated in the name of honour or prescribe adequate punishment for these barbaric acts.

SUGGESTIONS
  • Caste, community, region, and other peripheral factors play an important role in the Indian marriage system. It is the need of the hour for the parents to change their mindset and give required latitude to their children to plan their matrimonial life.
  • The parents should have proper and regular communication with their children so that children feel free to share their problem with their parents.
  • Strict laws and fast-track courts to discourage such crime
  • Couples who intend to marry must register their marriages according to the Special Marriage Act.

About Author

Rajwanti Verma

Rajwanti is second year LL.M student at Rajiv Gandhi National University of Law, Patiala, Punjab.