Honour Killings In India
Honour killing is one of the cultural offences in the nation. The killing of a (usually female) family or clan member by one or more (mainly male) family members who feel the victim has brought dishonour upon the family, clan, or community is frequently referred to as a “customary killing“.
As honour killings are not gender-specific, many of their occurrences go unreported and uninvestigated due to the embarrassment that such an admission would entail. The main goal is to make the family member look bad. Three sections make up the current article. In the first section, there is a brief discussion of the definition of honour killing and its reasons.
The laws that are already in place and those that have been proposed for judicial decisions to stop them are also included in the second part. The third and last portion of the article explores the potential for additional rules and regulations to apply to it.
Introduction
Honour killings are carried out by relatives who believe that doing so will purify their group. They murder one of the members to earn back the family’s reputation and rid them of the shame and disgrace that that person had brought upon them. A male relative murders the female who disobeyed them and disobeyed the family.
This is a type of premeditated murder perpetrated against the person who disgraced the family. Most often, these behaviours result from triggers set off by close family members, the community, or nearby neighbours who make the accused feel degraded and agitated.
Most of these are directed at females who are thought to have committed sexual or marital crimes. When a member of the community chooses someone from a different caste, it creates inequity in a society where everyone is treated fairly and without prejudice.
Since a girl’s caste and position shift when she reaches her husband’s home, caste and status are the main causes of it in the modern world. The study’s objectives are to learn more about honour killing, emphasise its seriousness, educate society about its repercussions, and look into the contributing elements.
Background
In many different societies today, honour killing is still a long-standing ritual. It started long before the Islamic era, but they were more common during it. Some authors assert that honour killing happens everywhere, while others assert that it is specific to certain communities in Southeast Asia and the Middle East, where it is deeply ingrained in traditions and customs that date back to ancient times.
Some analysts claim that the Baleech and Pashtun tribes of Balochistan engaged in the practice of honour killing. In the past, adultery and rape were regarded as immoral behaviours in Rome, and women’s lives were taken to preserve the honour of the home and community.
Women are seen as less than men in Greek society, but they are also the victims of men. It has been proven that numerous women were executed for adultery or on suspicion of adultery in ancient Egypt and among American tribes under the guise of honour crimes.
Definition Of Honour Killing
According to Human Rights Watch, “honour killings” are acts of violence, most often murder, carried out by male family members against female family members who are believed to have tarnished the family name.
For many reasons, a woman may come under the family’s wrath, such as refusing to participate in an arranged marriage, being the victim of sexual assault, requesting a divorce—even from an abusive husband—or engaging in adultery.
An attack on a woman’s family can begin simply with the idea that she has acted in a way that “dishonours” them.
Reasons Of Honour Killing
The following are the specific justifications for honour killing.
Refusal to accept an arranged marriage:
- Whether a male or female family member refuses to accept the marriage that has been planned by the family, they will be slain for the benefit of the family. When a person declines the marriage that the family has arranged, the family members experience a certain amount of guilt.
Divorce:
- The victim of an honour killing would be a married person who sought a divorce due to problems in their marriage with their family. When a member of the family feels that the victim would rather die than live, they may decide to kill the person themselves rather than seek a divorce because it will damage the family’s reputation.
Family member allegations and rumours:
- The victim may become the target of family member allegations or rumours spread by the community at large. Because of their status and reputation, the family members would murder the member, whether they knew the truth or not. According to them, killing the victim will boost the family’s reputation and position.
Homosexuality:
- It is now considered normal when love develops between people of the same sex. When a couple of the same sex wishes to live together, the family or society forbids it, which in turn leads to more and more accusations and upsets the family members.
Victims of rape:
- Women are being raped in a society where they ought to be protected. In that scenario, it is the responsibility of the family to accept such victims, but they see it with shame and believe the girl’s life is over and she is wholly useless to them and society as a whole, so they plan to kill her.
Inter-caste marriage:
- When a victim marries someone from a different caste, the party who views their caste as significant and more important than their family members suffers. In this situation, the lower caste member would rather kill the victim than allow them to live by raising their caste.
- They would kill the victim even though they were a member of their family in cases where the victim belonged to a lower caste because caste is the foundation of their prestige. Not only do their family members become victims, but the other party they want to live with also suffers.
Legislative Framework Concerning Honour Killing in India
In India, there is no explicit legislation that addresses the heinous crime of “honour killings” or any associated penalties. Since it is not a crime that is specifically listed as a separate offence under the laws, it is treated as murder under the Indian Penal Code or the Code of Criminal Procedure. The following are the Indian laws about “honour crimes.”
Constitutional provisions
The Indian Constitution has many provisions that give people freedom of choice, regardless of caste, religion, or gender, as well as protection from crimes involving honour. The provisions that support this are as follows:
- Article 14: It guarantees every person the right to equality before the law or equal protection of law within the territory of India.
- Article 15(1): Hatred against any citizen is forbidden on the grounds of religion, race, caste, sex, place of birth or any of them.
- Article 15(3): Not to prevent the State from making any special provision for women and children.
- Article 17: Abolished untouchability
- Article 18: Abolition of titles
- Article 19: Right to freedom
- Article 21: Right to life and personal liberty.
Case Laws
Lata Singh vs. State of U.P.[1]
In this case, the Hon’ble Supreme Court observed and directed that intercaste marriages be legal. The court’s ruling makes it clear that anyone who is a major has the freedom to select the spouse of their choice. It can also be seen as a component of Article 21 of the Indian Constitution.
Due to some people’s feudal mentalities, the act of violence committed by family members as a result of an intercaste or interreligious marriage is regarded as a barbarous practice that is wrong because it would be a restriction of a person’s fundamental rights.
Arumugam Servai vs. State of Tamil Nadu[2]
The Supreme Court has harshly condemned the practice of Khap panchayats enforcing their laws and engaging in illegal activities that put the personal lives of those choosing to marry in peril.
Suggestion
The practice of honour killing has become a widely prevalent problem despite the numerous rights and laws that have been introduced to prevent it. Even when the accused is aware that the offence will be severely punished, he or she continues to act in ways that put the victim’s honour ahead of family honour.
They would rather deal with the punishment’s repercussions than the family’s embarrassment. There should be a push for education about the value of every human life on the planet. It is important to educate the populace in both urban and rural regions about the serious consequences of the most severe actions.
Conclusion
Honour killings are committed to upholding the dignity and honour of the family. But killing someone, especially someone dear to one’s heart, is not an act of honour and is surely not worthwhile.
The domains of “religion” and “culture” cannot and must not be used as an excuse for the massacre of women or anybody else since they are always arbitrary and open to interpretation.
Every person has the right to a respectable and equitable life. As a result, the only option to stop such dishonest behaviour is through severe laws.
No religion or cultural tradition can excuse the horrible crime of an honour killing. Being free to believe does not give you a licence to kill. Although the judiciary has pronounced many crimes and criminals to be punished, some offenders have managed to elude justice due to legislative flaws.
One such problem that is usually brought up is the lack of a specific statute or provision in Indian law that addresses honour killing. We can still do a lot to save some precious lives if the current set of rules and legal requirements are effectively obeyed.
REFERENCES
- Websites
https://www.legalserviceindia.com
- Books
The Constitution of India- M.P. Jain
- Bare Act
[1] (2006) 5 SCC 475
[2] (2011) 6 SCC 405
Written By:-
Farwa Rizvi