CHAPTER: 1 INTRODUCTION

Context for Research

The very term ‗Honour‘ stands for a quality that combines respect pride and honesty.
Honour is about a right to respect, in the sense of claim for respect. The term "honour"
crime is somewhat misleading not only because it implies that such crimes are
"honourable". It also gives the impression that these crimes are a product of the "culture" -
customs and traditions - specific to certain communities or faiths. From the concept of
patriarchal dominance to present masculine mentality the trend has been going on
autonomously. Honour Killing is not confined to any map or religion. It is witnessed
worldwide. Honour Killing is an inhumane and unfair action. It is a crime against
humankind. Law needs to be used as an armament to abolish this crime in the name of
‗Honour‘ completely. So to stop this social evil and to make people aware is one of the
objectives of this Research before it spread like a malady.

From a sociological perspective, the minimalist definition refers to ‗honour‘ as a right

to respect. This means that honour exists both subjectively and objectively. It exists
subjectively as a personal feeling as being entitled to respect .It exists objectively also as a
public recognition of the public value of the individual.

Role of Khaps Panchayat in order to prevent Honour Killing is mesmerizing .In this
twenty -first century, when we are the followers of democratic government and bound by
our supreme and authoritative Constitutional Law it‘s very shocking to witness extra-
judicial powers of Khap Panchayat in judging Honour Killing cases. In the name of law
and order, this Khap Panchayat is playing with the lives of young youths and ending up
matters by passing such merciless orders according to their orthodox whimsical mindset
without bothering the importance of a ‗life‘ in society. Immediate attention is required in
this neglected part of severe criminal offence.

So to commence a study on this topic is highly essential as it will be of great benefit

for the society. Till date, there is no comprehensive law to prevent Honour Killing.
Cases coming up is dealt with the provisions of Indian Penal Code, 1860.
 The formation of the khaps is not standardized and comes without any written rules.
Initially, they were organized into a number of villages, where the geographic boundaries
were the basis of different khap recognition that took shape to that of the socio-economic
status. The kinship ties form another important way of identifying the khaps where caste
and ownership of land are very important factors. The territory of some khaps is dominated
by a single gotra.

People of other castes and gotras also live in the same khap but are less in number and/or
hold less land area. In case, if the matter was adjudged by the Khap Panchayats, then
matters are resolved as per their capricious decisions. Cases are handled on the basis of
their desire and narrow mindset, so that inter-caste marriage should not take place in
society. Though we know that to select a spouse of one‘s own choice is not a bar in the eyes
of law as it is not barred under the Hindu Marriage Act, 1955 also. Because since our birth
we inherit certain inalienable rights namely, Human rights which enable us to live our life
with dignity and prosperity. Right to life also guarantees social security which is one of the
important fundamental rights as enshrined in the Constitution of India. Honour is intact
with life. Killing does not restore honour. Right to marry also comes within the purview of
right to life.

In cases of violence against women feminist organizations enter the courtroom

largely for civil relief. Groups like Majlis 1 in Mumbai do this through their own team of in-
house lawyers. Anweshi‘s large team of activists in Kozhikode includes one in -house
lawyer who handles all civil work such as divorce, maintenance, custody etc. Organizations
like Vanangana in Uttar Pradesh have developed a regular relationship with independent
lawyers through whom they help survivors fight for civil relief. Interactions with lawyers
and legal professionals on various questions sometimes create miserable situation to
ponder further. Killing in the name of ―Honour‖ is increasing day by day and it is
becoming bit difficult to tackle the same. As family members are ―known‖ persons and
are involved in the murder, matters are reduced and sorted out before it reached Police
station for further investigation. So for a victim to proceed to Court of law to resist the
immediate danger is impracticable and quite tough to obtain justice. In maximum cases it
has been seen that police was informed after the criminals wiped away the shreds of
 evidences clearly. It‘s crystal clear that a complete graph of plan to murder takes place to
commit this heinous crime. So there is an immediate requirement of comprehensive law to
curb Honour Killing from our society completely.

Definition of “Honour Based Violence"

‗Honour‘ is most often defined as an asset or quality trait that is connected with veracity,
good ethical personality, and humanity with individuals being described in terms of having
nobility or being considered as honourable -Vandello and Cohen, 2003. There is also another
facet of Honour that is correlated to grade and reputation - Pitt-Rivers, 1966 and is dependent
upon a person‘s capability, potency and supremacy to impose his or her will on and to direct
respect from others -Nisbett and Cohen, 1966. So from these above stated definitions, it is
clear that Honour is such a character attribute which needs to be achieved.

There is a substantial discussion about the definition of Honour- based violence and it
is hard to compare outcomes, and this means that overviews are challenging. Association of
Chief Police Officers (ACPO) defines Honour- based Violence as-

―a crime or confrontation, which has or may have been committed to defend or guard the
honour of the family and/or community (ACPO, 2010a)‖.

In Indian Hindu society preferences for male children always subsists. As male
children are always considered as the main support of the family. A family‘s lineage is
carried on only by the male member. On the other side, female members are considered as
a commercial and societal liability to the family. The notion of cultural values commands
the provision of dowry system where an enormous amount is asked from the side of the
groom in the name of ―dower‖ during the marriage. Dowry system creates distress to
the parents of the bride. Females are considered as less supportive to run a family in
comparison with males. As value is attached to male children, a number of criminal acts are
commanded towards female children in the name of ‗Honour‘.

1
Farah Naqvi, This Thing Called Justice-Engaging With Laws on Violence Against Women In India
55(Delhi Law House, Delhi, 1st edn., 2012).
Different types of violence are here under:

Sex- Selective Abortion

As the magnitude of craving for male child is in extreme family members are highly
outrageous to detect the sex of an unborn child .Though the sex selective abortion is illegal,
family members try their best to categorize the same. Doctors who are sympathetic to these
odd family beliefs or greedy to grab money generally involve in doing this crime.

Child Exploitation and Desertion

Due to importance to male children female children are abandoned intentionally for
having been female and denied equal amenities as compared to males. Females are not
provided equal education and sometimes prevented to go for further education as equal
education can harm to manhood to explore.

Females are also constrained in other activities since their childhood because they are
Policed‘ by male members of the family as if, they are doing offence. Actions and behaviour
of female members are delimited and in any disobedience, it‘s ended with violent castigation,
confinement or denied food.

Female Genital Mutilation

It is a medical modus operandi often done by older female members of a family or

members of the wider center of population. It is also known as also known as female genital
wounding and female circumcision in medical terms which is a very short term process but
very painful for a woman. Characteristically it is carried out by a conventional circumciser
using a blade or some sharp instrument, FGM is done from days after birth to teenage
years and beyond at any point of time.

Research Objectives

The objectives of this Research are as under:

 To find out why discriminatory and derogatory practices like honour killing are still
 prevalent in India despite its seventy two years of independence.

 To recognize the incompetency of the laws made by Parliament to restrain the

violence of the Khap Panchayats.

 To make reasonable analysis of present legal framework in India pertaining to Honour

Killing.

 To give suggestions for reforms and improvements in the present legal system.

So it is noteworthy, with the following objectives that after so many years of

Independence it‘s very tough to think and consider the very existence of such dreadful
crime like Honour Killing in society. Science and technology are in the advanced stage,
inventions and experiments are in high peek, at this level of up gradation how people‘s
lives are suffering in agony and pain in the name of the caste system is still a big question
mark. There are several legislations for example, Domestic Violence Act, 2005, Indian
Penal Code, etc. which precisely defined with ―Culpable Homicide‖,
―Murder‖ and to prevent any sorts of violence against women. Section 498-A of
Indian Penal Code was inserted by Act 46 of 1983 where it‘s clearly mentioned punishment
for husband or relatives of the husband for three years and also with fine if they are guilty
of torturing bride with cruelty. So from all aspects, Law Commission has tried to put
fencing all around to protect women from all genre of vehemence and ferocity but the
implementation of such laws are not happening appropriately and thereby, arising all types
of criminal activities and sufferings. Regarding the role of Khap Panchayat, no law is there
empowering them to take such deadly decision and detrimental verdict in a shape of
judgment. Decisions given by them are absolutely extra-judicial, extra-constitutional and
illegal. So the situation has arisen to stop slaughtering in the name of law and justice and
that too, judgments given by Khap Panchayats who are not at all eligible to perform the
position as a law maker.
A comparative study needs to be conducted to see the ratio of killing in the previous
year and the present one. Thereby solution can be made as for whether the laws available
are satisfactory or not. If it is seen the data available earlier are less in number than the
present one then it is easier to arrive in a conclusion that this situation needs immediate
refinement. Last but not the least, another most important objective of my research work is
to give suggestions and feedback about the improvements or reforms in the present legal
structure. Ministry of Law and Justice has proposed for ―The Prohibition of Interference
with the Freedom of Matrimonial Alliance Bill‖ to curb the incidents of Honour Killing.
Another Bill, The Prevention of Crime In The Name Of Honour and Tradition Bill as
already proposed by Law Commission but still it have not been implemented. So keenly
Bills like the above if take place in the prevention of Honour Killing then it will be able
to reduce or to solve the matter very soon. Changes in Police investigations are highly
essential. As the role of Police personnel‘s to provide safeguard and security to people at
large is significant. In cases of Honour Killing where murderers are directly or indirectly
related to the victim so the family members try their best to wipe out the evidence before it
becomes perceptible. Police have to take initiatives; they need to be more pro-active so that
this apathetic part should not take place. Victims and would be victims can develop a trust
towards them by seeing their potentiality in dealing cases carefully and honestly.

Tentative Outcome

Honour Killing is spreading like an epidemic and till date, there is no comprehensive
law dealing with the same.

This research will contribute significantly to the existing body of knowledge by:

1. Suggesting reforms in the existing legal framework to deal with the crime
effectively;

2. Providing an alternative aftermath about the menace of Honour killing inIndia.

Propositions or Research Questions

The Research propositions are:

The laws in India are inadequate to cope up with the murder of innocents in the name of
―Honour Killing".

Special criminal procedures and evidentiary requirements are necessary to effectively

deter ―Honour Killing‖.

There is a need for a special and comprehensive legislation to deal with the crime called
―Honour Killing‖.

Research Methodology

In this Research, Doctrinal method is followed.

Primary sources like Indian statutes, Judgments, International Conventions and UN

Resolutions was analyzed.

As secondary sources for study, books of eminent authors, articles in research

journals, newspaper reports was analyzed. Review and analysis of legal literature available
in India and in other countries was also examined. Several online databases and internet
search engines was used to make the studyeffective, up-to-date and realistic.

In this Research conventional approaches was followed. It will bring transformations in an

orthodox notion that whatever law is accessible it‘s not adequate to deal with Honour
Killing.

International Conventions and Resolutions followed are justifying the revolution of

law from ancient to modern. Similarly, in cases of Indian Laws, it has preferred to show the
makeovers of uncodified part of Hindu Law to modern codified Hindu Laws and the
changes in different Criminal Laws according to the needs of society.

Review of Literature

‗Honour Killing‘ is a phrase which has no legal and logical definition. It has neither been
interpreted by the court nor by any other legal personals. But, it is growing day by day on a
rapid scale. The increasing incidents of honour killing are occurring very frequently and are
being reported almost on a regular basis. So as perceived by many authors, research
scholars, and other important personalities. Some of the observations by some
distinguished persons underlying hereby-:
D. Vageshwari2 in her study titled ‗Honour Killings: The Hegemonic Paradigm‘ tried to
describe Honour killings as an addition to the list of women violence and now it‘s a
worldwide problem. Honour killings are typical examples of vengeful killings by relatives
of those family members especially women who have disgraced them. Conceptions of
family honour endorse honour killings. The community plays a pivotal role in traditional
honour killings. In her study she stated, Pakistan is a country where there are glaring
inequalities against the women in law as well as in practice. In 1979, General Zia - Ul -
Haq enacted the Hudood Ordinances in conformity with their religious laws.

These laws made sex outside marriage punishable with stoning or public lashing for
women. In 2004, Pakistan made Honour Killings punishable under law with imprisonment
up to seven years but their Islamic laws provide for settlement by payment of compensation
to the victim. Article 17 of the Egyptian Penal Code is an often used provision in cases of
honour killings where judges exercise their discretion to reduce punishment in certain
circumstances.

Similarly, Articles 62 and 133 of the Italian Penal Code ,Article 334 of Omani Penal
Code, Article 153 of Kuwaiti Penal Code ,Article 409 of Iraqi Penal Code, Article 562 of
Lebanese Penal Code and Article 334 of Federal Penal Code of UAE are dealt with Killings
done with honourable intent are entitled to reducepunishments.

The United Nations Organizations has also been working for curbing honour killings.
General Recommendation No.195 of Convention on Elimination on Discrimination against
Women explains that ‗Discrimination‘ includes ‗Gender- Based violence‘.

She explained ―Honour is generally seen as residing in the bodies of women‖. Three
factors are responsible for such killings:

1. Religion and caste system

2. Warped notions of traditions
3. Property issues.

2
D.Vageshwari, Honour killings -The Hegemonic Paradigm 125 (Delhi Law Review, New Delhi,
3rdedn., 2012).
 Regarding the role of Khap Panchayats, she said, that they are the informal
institutions engaged in dispensing social justice based on customary practices and old
traditions for conflict resolutions.

Research Gaps- She has suppressed Indian Judiciary and legal values. Reasons she stated
for Honour Killing are not adequate. Other than Article 21 all relevant articles which are
equally significant are not mentioned .She has focused on other countries rather than India
where Honour Killing is a significant social problem.

Ravi Kant3 in his article ―Honour Crimes and the Law‖ stated that all forms of gender

-based violence, ‗Crimes of Honour‘ deprive women to exercise Articles 21, 14, 15(3) etc.
of the Constitution Of India that is, of the right to life, liberty and security of person, the
right to be free from torture or cruel, inhuman or degrading treatment or punishment, right
to equality in the family and the right to the highest attainable standard of physical and
mental health. In the broader context of patriarchal principles motivating ―crimes of
honour‖, allowing a woman to marry of her own preference and is free to opt for her spouse
if her free consent is there to marry such person. This choice ensures that Khap Panchayats
who are questioning and restricting to select spouse of their own choice in that level are
simply applying their own judgments at the cost of beautiful lives of these couples. The
Commission on Human Rights expressed concern at the large number of killings committed
in the name of passion or in the name of honour reported by the (Special Rapporteur), and
called upon Governments to investigate such killings promptly and thoroughly, to bring
those responsible to justice, and to ensure that such killings were neither condoned nor
sanctioned by government officials or personnel. The Commission adopted similar
resolutions in 2001 (Resolution 2001/45) and 2002 (Resolution 2002/36). In its Resolution
2001/45 on the Elimination of violence against women, the Commission defined the term
‗Violence Against Women‘ as an act of gender-based violence that resulted in or is likely
to result in physical, sexual or psychological harm or suffering to women, including crimes
committed in the name of honour and crimes committed in the name of passion, and called

3
Ravi .Kant ―Honour Crimes and the Law‖, 3Law Reports of India 121 (2011).
upon States to condemn violence against women and not to invoke custom, tradition or
practices in the name of religion to avoid their obligations to eliminate such violence. The
Commission adopted similar resolutions in 2001 (Resolution 2001/49) and 2002
(Resolution 2002/52).

Research Gaps-Advocate Ravi Kant in his article very clearly portrayed the rulings of the
Apex Courts and the cases interrelated with Honour Killing .He described the nexus
between Human rights and Honour Killing and also Universal Declaration of Human
Rights and Honour Killings and gave a clear concept of the sections available in
International Covenant on Civil and Political Rights. But being a Lawyer he has not
mentioned the role of Khap Panchayats in handling the cases of Honour Killing. Being a
President of ―Shakti Bahini‖ he has not revealed the efforts done by that NGO and
their contributions in curbing this social evil. He mentioned valuable judgments but he was
unable to explain the general disappointment of the public related to such incidents.

Satnam Singh Deol4 in his article ‗International Research Journal of Social Sciences‘ focus
on Honour Killings as a global phenomenon and honour has been depicted in allsocieties as
a social evil grasping public and private features both. He quoted from famous Jurists
Brandon and Hafez5 that the attributes of ‗Honour‘ in honour- based

4
S.Deol,“Honour Killings in India: A Study of the Punjab State", 3(6) IJCJS, 1-2 (2014).
5
Brandon and Hafez, ―Crimes of the Community‖,ISBN 978-1-903386-64-4 (2008).
violence are the sexual honour. The edifice of honour, of a family, is depending on the
behavioural aspect of a woman. She herself is the epitome to endure and secure
‗Honour‘ of her own family. He pointed out that, Human Rights Watch describes that
honour- based violence, counting honour killings, are dictated by male family members
against female family members, who are believed to have made the family humiliated
through creating pre-marital, extra-marital friendly relationships.

There can be a diversity of reasons. The most important among them is the denial of
the woman to marry the man of the family‘s preference, opposed to marrythe man of her
own selection, committing adultery. The mere perceptiveness is that a woman has behaved
in a specific way to ‗Dishonour‘ her family is adequate enough to generate an aggression in
this incident. He also pointed out that , Amnesty International observes that -Honour killing
of a woman by a male family member is not a personage or single act of violence, but one
which is communal, premeditated, sociologically conventional, and socially permitted by
both men and women in the family and community concerned .

The Law Commission of India views, that the words ‗Honour Killings‘ and

‗Honour Crimes‘ are being used loosely as convenient expressions to describe the incidents
of violence and harassment caused to the young couple intending to marry or have
married against the wishes of the community or family members. They have used more as
catch phrases and not as apt and accurate expressions. Girija Vyas, the Chairperson of the
National Commission for Women, had while preparing the draft of
‗The Prevention of Crimes in the Name of Honour and Tradition Bill‘, 2010 - 2011 had
regarded honour killings as violation of certain fundamental rights the Constitution of
India, including the right to life, and liberty which, if broadly interpreted, includes
the right to bodily integrity, and the right to choose whom to associate with. The actions of
the parents of the girls to stop her from exercising her choice also result in curtailment of
her freedom to movement and expression. A valid consent to marriage is also an essential
prerequisite under the law. He further pointed out, that in India, honour- based violence and
particularly the practice of honour killings is an oldest phenomenon prevalent since
centuries.
 There are reports of cases in almost all parts of India but the states of
Punjab, Haryana, Rajasthan and Western Uttar Pradesh are the regions where these
incidents occur more frequently. As far as the magnitude of the incidents has been
concerned, there is no accurate data available with any of the governmental or non-
governmental agency. But the studies conducted by various civil society organizations
reveal that India stands into the category of worst affected nations. It is estimated that
approximately 1000 people (both females and males)are killed every year in India owing to
alleged honour killings.

Research Gaps
-Satnam Singh Deol in his Article has confined his study area within State of Punjab. He
very pleasantly represented graphs and charts to calculate the ratio of murders and other
violent forms of killings including Honour Killing. He inserted one new Table
―Affiliation of killers‖ that is the affinity in between the family members with the
deceased even if, when the family members hired a contract killer to commit Honour
Killing .But all through his article he has not stated how honour killing cases are settled by
the interference of Khap Panchayats and the role of Khap Panchayats in managing Honour
Killing cases. Moreover, he has not cited what are the measures adopted by the Punjab
Govt. to stop this evil practice.

Rahul Yadav6 in his article ‗Honour Crimes‘ and Women in Haryana as presented in
Manjeet Rathee‘s ‗Women, Media and Society‘ stated that, the barbaric practice of issuing
of death threat and killing of young people at the Order of Khap Panchayats in Haryana is
not something new more than that, it is not confined to Haryana alone. Violent opposition
to own choice marriages has been witnessed in Delhi, Western Uttar Pradesh, Punjab,
Rajasthan, Tamil Nadu, Maharashtra and varying degrees in other parts of the country too.
He said, the form of violence executed under the guise of protecting the ‗Honour' of
the family and the community have varied in different cases but the use of force to uphold
the worst form of caste and cultural oppression is the most disturbing feature in all such
cases. The honour killings that have been highlighted are largely confined to marriages
within the Hindu community. Inter – caste marriages which already have been amended by
Hindu Marriage Act, also invite ruthless retribution, as seen in Caste Khap Panchayats,
largely prevalent in areas around Delhi which are directly or indirectly accountable for
these killings to regain the false honour of the community and to ‗teach a lesson' to those
who dare to transgress the conventional norms in their attempt to exercise their own choice
and right to marriage.

These were primarily meant in pre- modern times for the purpose of providing security
and for settling local disputes as there were no law enforcement agencies. They are either
gotra centric or area specific and many Khap Panchayats join together to form Sarv Khap
(All castes) Panchayat: a larger entity consisting of different castes. He further pointed out;
the mark of unfairness related to 'Honour Killing' is before us as inhuman murder of Manoj
and Babli for the sake of ‗Honour‘ - a young couple from Kuroda village in Kaithal
district of Haryana who dared to challenge the archaic caste, norms by tying the nuptial
knot.
Other victims of this honour killing are Scheduled caste couple belonging to the same
village were forced to leave when they married on their own choice. Later the Khap
Panchayat gave a verdict of stoning the couple to death.

Research Gaps-

Rahul Yadav in his article stated about his research very unsystematically. As it‘s
mentioned in his title ―Women, Media and Society‖ but nowhere has he pointed out the
role of media in propagation. Specially, a TV serial named as ―Savdhaan India‖ in Life Ok
channel was highly appreciated for showing real incidents in dramatized form. The
Channel tried their best to take measures in case general public plunge in some danger then
how to get rid of such situation. Creating awareness about the basic laws and legal rights
are the primary objective of media .This protective actions are highly essential for any
citizens which he has not acknowledged.

6
R.Yadav, ―Honour Crimes and the Law‖, 2 IPRRJ,76-80 (2015).
Jamia Milia University7 in their publication ―Discriminative and Derogatory Practices
against Women by Khap Panchayats, Shalishi Adalat and Kangaroo Courts in India: An
empirical study in the states of Haryana, U.P (West),West Bengal and Rajasthan‖ explained
the remarkable cases related to honour crimes. ‗Honour killings‘ or killing in the name of
supposed ‗honour,‘ seeped in the growth of patriarchy is not only a phenomenon restricted
to India but witnessed worldwide. Honour is a social concept and its meaning varies from
society to society. In a modern day, individualistic society, the term honour is synonymous
with integrity, a person‘s individual actions. However, in communal cultures, honour is
collective terms referring not simply to the social behaviour of one person, but of the
collective behaviour of a family. Women and men both are joint victims of this heinous
crime.

Research Gaps
-Jamia MiliaIslamia University in their periodical has clearly represented the thorough
study of the above said states, namely Haryana, UP(West),West Bengal and Rajasthan. But
in their article they have not stated the existence of ―Shalishi Adalats‖ and ―Kangaroo
Courts‖ especially, Shalishi Adalats at West Bengal. There is a very vital difference in
between them which is very essential for a reader to identify. The term "Kangaroo Court" is
purely a colloquial term, attributed to the people's Court meting out justice. As we all
began, with local panchayat‘s as well as Maoist dominated areas panchayat's setting up a
people's court, which neither had the people's mandate nor statutory mandate to decide or
adjudicate on issues concerning anything on earth. But it doled out such justice, and its
outcome was grotesque prescription as the panacea of the evils which, in turn, perpetrated
more unrest than bringing any good to the community. So this is what is called Kangaroo
Court. Shalishi something which has the mandate of law but it is endowed upon local
panchayat‘s or rather on other quasi- judicial bodies. However, Shalishi even though
allowed to a certain extent through legal mandate, did not have the required force of
execution. In such a case, settlements arrived at has to be placed before Lok Adalatsto get
the legal sanction. Case laws mentioned in this article are not adequate to sort out the role
played by these Court‘s in solving Honour Killing incidents.
PuneetKaur Grewal8 in his Article ‗Honour Killings and Law in India‘ finds out that,
‗Honour Killings‘ can also be described as extra-judicial chastisement of a female relative
for supposed sexual and marriage offence. These offences take place when a woman is
solemnizing a marriage of her own choice without family consent or wants to take divorce
even from a violent husband. These incidents of homicide or murder of women are justified
on the basis, that the offence has brought dishonour and ignominy to family or tribe -
Amnesty International 1999.

Another report says that, the administration of honour is merciless: women on whom
suspicion has fallen are not given any opportunity to defend themselves, and family
members have no socially acceptable substitute but to remove the blemish on their honour
by attacking the woman- Amnesty International 2001.He further points out Honour killings
also violate Articles 14, 15(1), 15(3), 17, 18, 19 and 21 of the Constitution of India9. Khap
Panchayats orders for murder or to separate the married couples as they have married
against their family consent are stratified within the ambit of sections 299 and 300 of Indian
Penal Code and Section 3 of Indian Majority Act, 1875 and also violates Special Marriage
Act, 1954 and Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act,
1989.Abundant cases of honour killing are in affinityto caste and religion.
The Protection of Human Rights (Amendment) Act, 2006 makes the stipulation for the
fortification of individual rights of human beings and the establishment of a National
Human Rights Commission, State Human Rights Commission and Human Rights Courts
for better safeguard of human rights of individuals. The Protection of Women from
Domestic Violence Act, 2005 provides for more effectual protection of the rights of women
assured under the Constitution who are victims of violent behaviour of any kind happening
within the family and for matters associated.

8
P. Grewal, ―Honour Killings and Law in India‖, 5(6) IOSR JHSS, 28-31, (2012
9
M.P Jain, Indian Constitutional Law 5 (Lexis Nexis, 7thedn., 2014).
therewith or subsidiary there to .Section 498A of IPC is also an added weapon in woman‘s
hand to stop cruel acts from family members in this standpoint.

Research Gaps- PuneetKaur Grewal in his article cited Constitutional laws and
international provisions for honour killing. In the Indian context, other than IPC and
Domestic Violence Act, he has not mentioned any. He has not even mentioned the proposal
of Central Government to Law Commission to adapt a Bill to prevent Honour Killing.
Moreover, there is no suggestion of bringing any comprehensive law related to Honour
Killing. Whatever Laws are accessible, he just revised which is not adding any extra worth
in dealing with the topic.

JyotiVishwanath10 and Srinivas.C.Palakonda in their article ―Patriarchal Ideology of

Honour and Honour Crimes in India‖ studied that the ideology of honour, i.e., izzat being a
gendered notion in India, both men and women embody notions of honour in totally
different ways. A woman is the origin of the family honour as a daughter, wife and mother
while man legalizes it. The greatest threat to this honour lies in the woman, in her
body, conduct due to her reproducing and procreating capacity – (Chowdhury, 2007, p16-
17). Honour is presumed to be a female linked commodity coupled with the male
prerogative to ensure that she does not jeopardize its delicate balance at any cost. As a girl
grows up, the burden of shame accompanying her femaleness makes it difficult for her to
be proud of her body (Nabar, 1995, p. 87). Being a passive recipient of the male seed, she
dishonours her family by her shameful physical conduct. Upon this social perception of the
man‘s creative ability, the whole notion of honour is built .Since she represents fertility
and growth, separate from the male and not under his control, her power is seen as
dangerous, malevolent and potentially a destructive force (Dewan, 2000 p -35).

10
Palakonda, C.S., and Vishwanath, J.Patriarchal, ―Ideology of Honour and Honor Crimes in India‖, 6
IJCJS, 1-2, (2011).
Research Gaps
-Jyoti Vishwanath and Srinivas.C. Palakonda in their Article, described women as a source
of strength, power, good luck and success. They said the
―innate nature of women and control over her‖ as cited by different holy books of
Hindus. Thereby they want to create a connection in between ―Woman‖ and
―Honour‖. But,from my point of view, is woman is the only conveyor of honour alone men
don‘t have that right or can‘t exercise the same along with women? When our Indian
Constitution has clearly affirmed that ―All are equal in the eyes of law‖(Article 14).
Honour killing is such a crime where both men and women can be targeted by their own
family members and killing can take place unreasonably without any iota ofthe victims that
they brought shame by selecting their own spouse of their choice, so to be murdered or
killed in any brutal manner.

NidhiShendurnikar11 ―Honour in the news: Media Representation of Honour

Killings‖ focuses on the ―recent gush of news on honour -based crimes in India and the
way the mass media has represented stories on these happenings. Though honour- based
violence is not something new; it has caught media attention only recently‖. Sporadic cases
of Honour Killings are coming up in different states and media is spreading the news in
such a manner that the incident is not at all fatal rather a mockery and sarcasm to
relish and enjoy.

In a discussion organized by the Lucknow based Association for Advocacy of Legal

Initiatives -AALI, the role of the media in reporting such cases was under scrutiny. It was
found that the media exhibits irresponsible behaviour while reporting such stories. The
serious nature of the killings of eloped couples was toned down to give space to titillating
headlines like: ‗Bhai ne prem diwani bahanka sir kalam kardiya‘, and ‗Ladkike bhaiyo ne
utara ishq ka bhoot.‘

11
N.Shendurnikar,―Honour in the News Media Representation of Honour Killings‖.3 SCJ 231 (2002).
Research Gaps
-Nidhi Shendurnikar in her article pointed out the cynical role of media in representing the
cases of Honour Killing .In an ironical manner news have been published which create a
very light impact in viewer‘s mind and they considers the cases very easily. Though the
situation of the case is crucial and frightful. But it is an accepted fact that the role of media
and newspapers in circulating news is a vital one. Through media we are able to access and
view news from all over the world .So positive sides of the media are overlooked by the
author. Media is now the only via to which people can watch in LIVE. It is only with the
help of media unreported cases are achieving the status of reported and creating public
awareness.

Shivani Rastogi12 in her article ‗Honour Killing‘ stated about the crime very
intensely and she depicted and covered all points which are necessary for proper
understanding. She brought in the knowledge the International Conventions and measures
taken by Human Rights, Qisas and Diyat Ordinances to mitigate sentence and Honour
crimes failed to receive actual redress. She expressed that the concept of Honour Killing is
elastic it keeps on changing with time, place and people. As recently, the cases of Honour
Killing are increasing so it‘s now a debatable issue that Hindu Marriage Act should be
reformed or not. She also pointed out the different misconceptions related to Honour
killing that it happens only in rural areas or it has religious roots. India is an orthodox
country where caste system plays a vital role in influencing the society.

Research Gaps- Shivani Rastogi in her article delineated in details about the topic .But
only religious and rural factors are not the reasons behind this crime and it‘s not at all
acceptable. Several other factors are responsible behind it. Regarding the laws available for
Honour Killing she has only cited about the present laws available in Indian Constitution and
Indian Penal Code but nowhere there is a mention of any need of inclusive laws in this regard
.And the most vital reason of Honour Killing that is, inter caste marriages she overlooked
.She has cited very few remarkable case laws but there are other significant case laws in this
regard which she has not revealed.

12
S. Rastogi, ―Honour Killing‖ 75 ILI 65-74 (2008).
 So the desired result in this Research work is different from other works. Here
Researcher tried to fill all the gaps and included more innovative informations about the very
topic as gathered in due course of Research. In one word, it can be said Researcher conferred
all major informations related to Honour Killings, the role of Khap Panchayats in handling
the same, list of major cases reported and unreported both and suggested deliberate measures
to stop this social evil from society entirely.

Many social reformers such as Raja Ram Mohan Roy, Swami Vivekananda and
RamkrishnaParamhansa fought for this caste stratification and convinced people to believe
that all are same there is no diversity in interacting people. She said the judgment delivered
by Justice V.S Sirpurkar and Justice DeepakVerma that -The murders were the upshot of a
social concern like a marriage with a person of so-called lower caste. Such killings do not
fall in the grouping of the rare of the rarest as the family of the girl has to face a lot of
taunts and humiliation in the society for the acts of the girl. However, the time has come
when we have to ponder over the social issues appropriate while considering a death
sentence in such state of affairs.

The Courts today through their judgement have reiterated that killing anyone in the
name of honour violates the very Constitution of India. . So as referred in a landmark case
of Manoj and Babli of Karnal District In the verdict, District Judge VaniGopal Sharma
stated-This court has gone through sleepless nights and tried to put itself in the shoes of the
offenders. Khap Panchayats have functioned contrary to the Constitution, ridiculed it and
have become a Law unto them. In some societies Honour Killing may be regarded as a
―passageway‖ representing and confirming social maturity.

This only symbolizes the amount of gross human rights violations in such cases. It
reduced the seriousness of the crime and placed in front of the viewers as a comedy has
occurred. These types of disservice are not at all acceptable from the respective
departments as it should rather act as the ‗Voice of People‘ in this democratic country. We
may do well to recall the example shown in the film ‗Peepli Live‘ where a serious concern
about farmers in debt committing suicides was reduced to a TRP fetching item by the
media.
 As pollution poisons the physical atmosphere the poor justice systems poisons the social
atmosphere and hence the importance of this Research study in the coming.