INTRODUCTION

On achieving independence, it was believed that India will usher into a Modern National State
wherein there will be no place for any kind of exploitation and suppression either in the name of
caste, religion, sex or language, wherein feudal practices and values of the past will be
substituted by values of egalitarianism. The Founding Fathers, thus, gave India a Constitution
committing it to values of Equality, Liability and Fraternity assuring Human dignity.1 Everyone
has the right to life, liberty and security of the person. Men and women of full age without any
limitation due to race, nationality or religion, have the right to marry or to have a family. They
are entitled to equal rights as to marriage and its dissolution. Marriage shall be entered into only
with the free and full consent of the attending spouses. The family is the natural and fundamental
group, unit of society and is entitled to be protected by society and state.2 However, disturbing
news are coming from several, parts of the country that young men and women who undergo
inter-caste/inter-religion marriage are threatened with violence. If the parents of the boy or girl
do not approve of such inter-caste or inter-religions marriage the maximum they can do is that
they can cut-off social relation with the' son or the daughter, but they cannot give threats or
instigate acts of violence. Women who marry a man of their choice moreover take recourse to
law, placing themselves outside the traditional scheme; by the public nature of their action, they
shame their guardians leading them to resort to violence to restore their honor. Marriage
arrangements are delicate and seen to involve serious balancing acts; Any disturbance of this
balance by a woman refusing a father's choice are considered to affect the father's standing in
society.

The theory of “Honor Killing” in India has its origin since the ancient ages. Honor killing is said
to be as murder of womenfolk by members of the family, generally male, who are forced to clean
the stain on their family‟s honour1 A woman can cause such a stain on the family for many
reasons such as refusing to a marriage arranged by the family, where girl or a boy has eloped
with their lovers, someone who became the victim of sexual assault or because a lady wants to
get a divorce from her husband. Honor killing is also said to be the homicide of a family member
or social group by other members, due to the belief of the society that the victim has brought
dishonor upon the family or community2 . In most of the cases the sanctions of honor killings are
generally directed towards a girl or a lady, but if we see the cases we can find that directions of
honor killing are also forwarded against Men too. Honor killing is basically a global concept,
India is not only the one affected by this social evil, there are countries like Middle Eastern
countries, South West Asian countries and likewise many other countries are affected by it. More
than 1,000 young people in India have been forced to death every year due to Honor Killings
reasoning to forced marriages and or inter-caste marriage3

There have been various incidents wherein a woman were made victims by the members of her
family or by society for variety of reasons as to in some case where a women is refusing for a
marriage being arranged by family or when she asks for a divorce from her husband even her
husband being abusive towards her or even her husband being committed adultery with some
other women or if in some circumstances the women or a girl being the victim of sexual assault.
It is thought that the behavior or the act of the women has brought dishonor towards their family
or society and thus committed a sin, for which she may become the victim of the attack by the
members to clean the dishonor brought by her. Moreover in certain societies woman which is
being raped a raped is considered "worthless" to the family as it is thought to be bringing a bad
name towards the family and thus being murdered to clean or regain the honour of the family or
the society.

“Honor Killing” is thought in Indian society as more of spiritual in nature ignoring the evil
aspect of it. The theory of “Honor killing” is being followed in some society very strictly due to
which many innocent and helpless life has being devastated ..A member practicing this social
evil takes pride in following it, but he or she forgets that it is in the cost of some innocent life.
There is some incident wherein a father is forced to kill his own child, it may be either son or
daughter or both of them. He has to do it in-order to keep his dignity in the society which is very
shameful and heart-touching story but it will be injustice if we see only the position of the
affected party but we have to see the position of the father wherein he is being kept in poison
from which he cannot walk back. Sometimes all the society members kill the family trying to
escape from this social evil thinking that the refusal of following it will lessen the fear for it. In
some remote villages of India this social evil is happening throughout the year but it is left
unreported due to its remoteness.

HUMAN RIGHTS ISSUES ON HONOUR KILLING

Killing in the name of honour amounts to utter rejection of „egalitarianism‟ - a corner stone of
India‟s Constitution and testifies how the values of „feudalism‟ and „patriarchy‟ are rooted in
our social systems and structures. Honour killings are rooted in anachronistic, antiquated
attitudes and false promises. Articles 3 and 16 of Universal Declaration of Human Rights 1948
suggest that “Everyone has the right to life, liberty and security.4 Men and women „of full age
without any limitation due to race, nationality or religion should have a choice to marry or to
have family. They are entitled to equal rights as to marriage and dissolution. Marriage shall be
entered into only with the free and full consent of the attending spouses. The family is the natural
and fundamental group, unit of society and is entitled to protection by society and State.5 In the
same vein, right to love and live with a person of one‟s choice is enshrined as a fundamental
right in the Constitution. Honour killings, thus, constitute gravest disregard of universal human
rights and massive violation of fundamental rights guaranteed in the Constitution. A report
United Nations Population Fund (2000) estimated as many as five thousand women and girls
being killed each year by relatives for dishonoring their family. Many of the cases involve the
"dishonor" of having been raped.

CONTRIBUTARY FACTORS ON HONOUR KILLINGS

A woman can cause that stain on the family due to several reasons, including (a) refusing to enter
anarranged marriage or choosing to marry by own choice (b) engaging in certain sexual acts; (c)

marrying within same „gotra‟ (d) seeking divorce from an abusive husband etc. Sometimes

women in the family do support the honour killing of one of their own, when they agree that

family is the -property and asset of only male members. Even the mother of the victim (women)

may support an honour killing. In order to preserve the Honour of other female family members

since many men in these societies will refuse to marry the sister of a "shamed" female whom the
family has not chosen to punish, thereby "purifying" the family name by murdering the

suspected female.
There main factors contribute against women in the name of honour, women's co-modification
and conceptions of honour. Women are considered as the 'property of the males in their family,
irrespective of their class, ethnic or religious groups. The owner of the property has the right to
decide its fate. Such conceptions of women deeply inform many societies and cultures even in
today's era, for example, honour killings, in countries like Syria and Pakistan are very much
prevalent. Secondly, the perception of what defines honour appears to be deeply immersed in
patriarchic values and have been so widely interpreted to include male control which extends not
only to the body of a woman, but all her behavior including her movements, language and
actions. In any of these areas, defiance by women translates into undermining male honour and
ultimately damaging the family and community honour.

Thirdly the sociologists are opined that the reason for increasing in honour killing is the fear of
losingtheir caste status through which they gain many benefits which makes them commit this
heinous crime.The other reason is because the mentality of people has not changed and they just
cannot accept that marriages can take place' in the same‟ gotra‟ or outside one's caste. The root
of the cause for the increase in the number of honour killings is because formal governance has
not been able to reach the rural areas and as a result, this practice continues though it should have
been removed by now. Also the other reason is the shortcoming of official judicial system.

The resource to tribal justice and the implicit acknowledgement that rural populations fare best
under this system, is widely and increasingly seen to be inefficient, expensive and inaccessible to
the general public.Further one of the reasons is the increasing amongst women awareness. More
women are now aware of their rights. This credit largely goes not only to the awareness raising
work by women's rights groups but also to the media and mobility of women. Women's refusal to
comply with the decision or traditions to violate their newly discovered rights has led to backlash
from men apprehending loss of control, involving violence, killings and other such treats

Impact of custom on Honor Killing:-

Honor killing which has been practiced since ages in India. During the ages of rajas and
maharajas this social evil prevailed which are continued till date by the people blindly believing
as to be tradition or the custom of theirs. As it is a custom being followed since the ancient
Indian society4, it took the shape of a law in some “Panchayats” or in some societies and any one
infringing the law or the rules, they are being punished brutally i.e. being brutally murdered by
the society or the family members.

As due to globalization and spread of education the evil act of Honor Killing has decreased in
proportion to the earlier ages, but it will be wrong to say that it has been eradicated. Still more
than thousands of peoples are being the prey of this evil custom every year in India. Now it is a
big question-mark for us as are we justifiable in following this custom although knowing the fact
of being its evilness nature.

One of the evidence regarding custom of Honor killing followed as law in Indian society will be
evident from “Khap Panchayat”. Khap Panchayat is a group of villages united by caste and
geography, its existence could be evident as old as in 14th Century. It is being started by the
upper caste group to make their status stagnant in the society. Khap Panchayat is formed to
govern the Khap or the same Gotra(clan) by the peoples of the same village or nearby villages.
Khap Panchayats are generally prevalent in states like Haryana, Uttar Pradesh, Rajasthan. Khap
Panchayat restricts the love marriges as itconsiders that to be taboo or against the social norms.
Moreover those who live under the jurisdiction of Khap panchayats were not allowed to get
married to a girl or a boy having same gotra or clan. Khap Panchayat makes rules, gives sentence
or even boycotts those who goes against the social norms by doing love marriage or marriage
within the same gotra. It also goes to the extent of pouncing death sentence towards the members
not adhering to Khap rules. Many young lives that had gone to the extent of love marriage or
married from the same gotra or some other reasons have been destroyed by the Panchayat while
safeguarding their honor or the status in the society. The Khap Panchayat being oldest system
became very powerful and its verdict are adhered by the members very keenly, it is a constitution
of 10-15 men who gives verdict on various cases and the members presumes the verdict to be
final and every member goes for implementation of the verdict whatever may be the case and
thus the members have unquestionable faith on Khap Panchayat. This is how customs blindly
following by our society infringing the right of life of certain peoples and causing chaos in the
society. Unlike Khap Panchayat there are many other Panchayats which is following the same
custom blindly from ages.

In this advance age of technology it is unfortunate to have an impact of some evil custom like
“Honor killing” in our society, which have been blindly followed by our society as a matter of
purification or pride5 . The minds of the peoples in the society are refusing to accept the
unnecessary of following this theory as they are backed by religious sentiments and most
importantly by classism.

DISPENSING JUSTICE ON HONOUR KILLING

The judiciary does have a crucial role to ·play but has its limitations too. On June 23, 2006
Justice K.S. Ahluwalia of the Punjab and Haryana High Court made a revealing observation
while simultaneously hearing 10 cases pertaining to marriages between young couples aged 18-
21. "The High Court is flooded with petitions where ... judges of this Court have to answer for
the right of life and liberty to married couples. The State is a mute spectator. When shall the
State awake from its slumber [and] for how long can Courts provide solace and balm by
disposing of such cases”.

A recent landmark judgment by the Additional Sessions Court at Kamal in the Manoj-Babli
"honour"killing case, in which five accused were given the death sentence, sent shock waves
among caste panhayat leaders, as it reminded them that they were not above the Constitution.
The court' took serious note of the fact that the policemen deployed for the security of Manoj and
Babli actually facilitated the accused in perpetrating the crime. After the judgment in the Manoj-
Babli case, however. a congregation of caste panchayats representing .the Jat neighbourhoods
from Haryana, Uttar Pradesh and Rajasthan was called at Kurukshetra on April 13. It was
decided that panchayats would now fight for legal status to. legitimately maintain the "social
order". One of the main agendas of this sarv-khap panchayat was to push for amendments to the
Hindu Marriage Act, 1955 that would ban marriages within the same gotra (clan within which
men and women are considered siblings and hence cannot marry). Under this Act, marriages
between certain lineages from the paternal and maternal sides are already barred.

In Lata Singh v. State of UP24 the Supreme Court while 'speaking through Justice Markandey
Katju observed:

This case reveals a shocking state of affairs. There is no dispute that the petitioner is a major and
was at all relevant times a major. Hence, she is free to marry anyone she likes or live with
anyone she likes. There is no bar to an inter-caste marriage under the Hindu Marriage Act or any
other law. Hence, we cannot see what offence was committed by the petition, her husband or her
husband's relatives.25

In a very recent case - Arumugam Servai v. State of Tamilnadu26 the Supreme Court strongly
deprecated the practice of Khap/Katta Panchayats taking law into their own hands and indulging
in offensive activities which endanger the personal lives of the persons marrying according to
their choice.

Justice Markandey Katju while delivering the judgment observed:We have in recent years heard
of "Khap Panchayats" (known as "Katta Panchayats" in Tamil Nadu) which often decree 'Or
encourage honour killings or other atrocities in an institutionalized way on boys and girls of
different castes and religion, who wish to get married or have been married, or interfere with the
personal lives of people. We are of the opinion that this is wholly illegal and has to be ruthlessly
stamped out. As already stated in Lata Singh case, there is nothing honourable in honour killing
or other atrocities and, in fact, it is nothing but barbaric and shameful murder. Other atrocities in
respect of personal lives of people committed by brutal, feudal minded persons deserve harsh
punishment. Only in this way can we stamp out such' acts of barbarism and feudal mentality.
Moreover, these acts take the law into their own hands, and amount to kangaroo courts, which
are wholly illegal.

Cases of Honour killing in Modern India:

-As in the present days of globalization and immense spread of education in India still the

peoples of India could not find the faultiness of the Honor killing. They think still honour than

that of any rational justification, even at present scenario the crime of honor killing is being

followed saying it as a customary law in the society. There are a lot of events were in innocent
lives were being brutally killed in the name of honour. Some of the cases are as follows:-

1) Man Kills sister for honor, Kadapa, Andhra Pradesh

.In this case a 29 years old lady from Kadapa district of Andhra Pradesh who was working as an
agriculture extension officer was killed by her brother as she wanted to marry a man from
another caste. She was brutally murdered and her body was placed in gunny bag and buried near
Penna river.

2) Honour causing a youth’s death, Karnal, Haryana

.In this case a youth who was about 20 years old was found dead near Raor River. After the
dead-body was recognized as Tinku son of a farm labour Gurnam Singh. It is said that the boy
had an affair with a girl from Ashok Nagar. The girl‟s father is suspected for murdering the boy.

3)Brother strangulates sister, Hoshiarpur, Punjab

A girl aged about 16 years named Kanchan has been murdered by her own brother with an
electric wire as he has doubted her character of having an illicit relationship with a boy which
family had opposed. Mani Pratap Kaushal the brother of the girl had confessed that he had killed
his sister as for the above said reasons.

4)Father kills his daughter for honour, Hyderabad, Andhra Pradesh

A 26-year-old woman was allegedly killed by silting her throat with a knife, the women was
allegedly thought of having an extra marital affair. She was married for ten years and even had
two children who stayed with her. It is been said that her family objected her relation with other
man but she did not give any regard on this behalf. Latter it is found that she was murdered by
her father and her two brothers.

5) Maya Khan’s throat was slit by her own cousin, Murshidabad, West Bengal

.Maya Khan a 16 years old girl was murdered by her cousin as it was found that she fell in love
with a boy whom her parents opposed. As a result she was being murdered by her own cousin.

6)Couple killed for honour, Bihar

In this case, a couple was killed allegedly by the girl's brothers and uncle who were not happy
with her decision to marry a boy not belonging to their caste. The accused however spared their
one year old child, Anshu.
  Questions involved in legislations relating to honor killing:-

1) Is there any legislation with-regard to honor killing presently in India and if there is any,

is there a call for better legislation by modern Indian society?

2) If there is any law, what are the new enactments to be done in those laws relating to laws

honor killing?

 Answer to the questions:-

With regard to the first question as to the presence of legislation on honor killing in India, there
is no any separate legislation being made for „Honor killing‟ but the in the cases relating to
honor killings courts apply the Sections of Indian Penal Code,1860. In most of the case courts
applies following Section of Indian Penal Code:-

 Section 302: Penalizes any person guilty of murder. The punishment for murder is life
sentence or death and fine.

Suggestions:-

With regard to the inadequacies in Indian laws relating to honor killing, there has been much

suggestion for making new laws. The object of new laws should be shaped in such that it brings

under it scope to all the persons who indulge in such crime or helps in doing it. Some of the
suggestions are as follows:-

 Firstly, it should be restrict panchayats 34 to make any arbitrary rules on behalf of

members of the society. If in case any been found, strict actions are to be taken against
the persons involving in it. The sanction should be so strict that it should provide for
rigorous punishments to those persons involved in the crime.
 Secondly, it should also restrict of any act to be done on behalf of honor and harming
any member of the society or any family members. Strict actions are to be taken against
those who act on this behalf.
  Thirdly, the members of the society or any person who provokes for honor killing shall
be punished with imprisonment to the term same as the term of persons actually acted.
 Fourthly, the person who does the crime shall be imprisoned for life time or pronounced
death sentence relying on the gravity of the crime.
 Fifthly, there should be no relaxation to be granted towards the family members in
investigation if in any case honor killing is suspected. As in many cases has been seen
that even the family members indulge in honor killing.
 It gives a wrong massage that khap Panchayatshave their own law and they adjudicate not
according to laid down any procedure but summarily which they deem fit. They have
scant regard to judicial institutions and courts. The steps shall be taken who so ever is
involved in the crime and how so great he may be should immediately be brought under
the law.
 Special clause should be added to .section 300 of the Penal Code to deal with the cases
like honour killing.
 The onus should put on the accused persons (members of such groups/
organization/panchayats) thereby making them responsible to prove their innocence.
 The Special Marriage Act, 1954 needs to be amended for the removal of 30 days waiting
period for registering a marriage provided there is a mutual consent and both are above
the legally permissible age. From the above analysis, it is crystal clear that we are still
living in dark ages in spite of our having super computer knowledge and basking the
glory of discovery of water at moon by our Chandrayan. We curse everyday Taliban for
their misrule but we are not able to tackle caste hierarchy, patriarchy and barbarity in the
name of honour killings from Indian Society

Conclusion:-

Honor killing being one of the worst social evil prevalent in the society which took many
innocent life of girls and boys since ages as being the matter of honor of the family or of the
society. It has been followed by the members of the society and as a matter of Izzat or pride,
while doing this the members‟ thinks to be cleaning the sins being committed by other member
by going against the social norms. India there are no separate legislation in relation to crime of
honor killing, Indian courts applies the sections of Indian penal code35 in trying cases of honor
killing which is in-turn found to be inadequate. There has been many suggestions relation to
introduction of new separate laws in towards honor killing but legislature till date could not
make any law or nay separate legislation in this regard. The reason of non introduction of new
laws or legislation may be due to sentimental aspect of the members of the society, as honor
killing is being practiced since ages and the legislators may be thinking that introduction of new
law against those social customs may create tension among the society. But regardless to the
instability, the system of honor killing should be eradicated from the society as it is seen that
more than thousands of persons lose their lives following this traditions. Moreover it comes as an
hurdle to provisions of Fundamental rights provided under Indian constitution.

It is the State's and the Society's responsibility to protect the human rights of its young citizens,
to avoid honour killings, to create possibilities and opportunities for the people concerned to
break free and to find protection, support and aid. Therefore, it is to be suggested that honour
killing like social evil cannot be just eliminated through law alone rather almost every
substitution social, economic, political and cultural will have to be sensitized against this crime;
no doubt law could only be one of the important tools to fight this heinous practice. The usual
remedies against to fight such social onslaught is to require immediate sensitization; police
officials/ law enforcement agencies, setting up women police stations in the Khap belt,
counseling women victims and civil administrations.