This article has been written by Hiral Gupta from Amity Law School, Noida. Edited and published by Risha Fatema.

Honour killing refers to the act of male family members killing a woman due to the belief that she has brought dishonour to the family’s name. The phrase “GHAR KI IZZAT,” commonly heard in Indian households, serves as the underlying cause behind these tragic incidents.

In the traditional societal framework, women are often ascribed the fundamental responsibility of maintaining purity within the confines of the household. This role entails adhering to the set standards and expectations established by their families, reflecting deep-seated cultural and societal norms. At the core of this dynamic is a patriarchal mindset that dictates gender roles, casting men in the role of guardians who are entrusted with the responsibility of ensuring the well-being and protection of women. This entrenched paradigm shapes the dynamics of familial relationships and contributes to the perpetuation of traditional gender roles and expectations.

According to Human Rights Watch, a nonprofit, nongovernmental human rights organization established in 1978. It is dedicated to achieving women’s empowerment and fostering gender equality by safeguarding the rights and enhancing the well-being of women and girls in practical, real-world contexts. This organisation defined “honour crimes are acts of violence, usually murder, committed by male family members against female family members who are perceived to have brought dishonour upon the family.”

As per reports published by the National Crime Records Bureau (NCRB), a total of 28 cases in 2014, 251 cases in 2015 and 77 cases in 2016 were reported with motive as Honour Killing (which includes cases registered under murder (section 302 IPC) & culpable homicide not amounting to murder (section 304 IPC) in the country. This suggests an active occurrence of such cases. Another report by the United Nations Population Fund estimates that as many as 5,000 women are killed annually for reasons of honour.

Honour killings have been predominately reported in northern regions of India, particularly in the states of Punjab, Rajasthan, Haryana, and Uttar Pradesh because of people marrying without their family’s acceptance, and sometimes for marrying outside their caste or religion. Cases of Honour killings have also hiked in South India and the western Indian states of Maharashtra and Gujarat.

Despite many years of independence and the commencement of a constitution that advocates for non-discrimination, the right to life, and equal treatment, there still exists a disparity among people. It is a burning human rights issue in India and in other parts of the world as well.

Justice Dipak Misra said, “The act of honour killing puts the rule of law in a catastrophic crisis” and said it was the duty of the government to protect the life and dignity of those harassed by the assemblies. No individual or group has the right to interfere in a consensual and legal relationship between two adults, the court asserted.

There has been a dispute between members of the society and there has been a widespread disapproval of inter-caste marriages mainly because the couple is destroying the family’s name in the society, this can be one of the major reasons for such killing incidents.

The reason for increasing cases of honour killing is linked to the mentality of Indian households where marrying a partner of their own choice, be it within or outside their caste or religion is considered as a huge crime. As, in India, the responsibility of choosing a partner is generally given to the family members.

Killing someone because they chose a partner themselves is totally against the law. In the leading case, Shakti Vahini v. Union of India (2018) the right to choose a life partner is included in the ambit of Fundamental rights. The court held that the freedom to marry a person of one’s choice is protected under Articles 21, 19 (1) (a), and 14 of the Indian Constitution.

According to Article 3 of the Universal Declaration of Human Rights (UDHR), “Everyone has the right to life, liberty and security of person” and Article 16 of the same reads,

“1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to find a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

2. Marriage shall be entered into only with the free and full consent of the intending spouses.

3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.”

While men can also fall victim to Honour Killings, it is predominantly women who bear the brunt of these atrocities, often for trivial reasons. What makes these acts particularly heinous is the fact that women constitute the majority of victims, and it is their own family and relatives who perpetrate these crimes. Consequently, a daughter may be killed by her father, a mother by her son, a wife by her husband, or a sister by her brother. The predominant involvement of male family members in both the decision-making process and the execution of Honour Killings is not only endorsed in numerous cultures and societies globally, but most of such incidents go unreported. This exacerbates the suffering of women in these cultures and religions, as the perpetrators often evade legal consequences and continue to roam freely, displaying a blatant disregard for local laws and, in many cases, religious principles. The supremacy of the concept of family honour overrides natural and human laws, even transcending religious considerations, thereby diminishing the worth of human life to an unprecedented extent. Across various cultures and religions where family reputation and honour take precedence over customs, laws, and even religion, studies consistently highlight a common thread—Honour Killings are deeply rooted in societies where women are regarded merely as vessels or commodities, contributing to the perpetuation of this grave issue.

Table of Contents

Primary factors contributing to honour killings include:

Patriarchal Mindset:

Honour killings are intricately linked to the notion of “honour,” often associated with shame. The prevailing patriarchal mindset perpetuates the idea that the family’s honour is solely tied to the behaviour of women. Men are traditionally assigned the responsibility of safeguarding this honour, leading to a restriction on women’s rights and choices. To eliminate honour killings, society must embrace a more open-minded approach that respects the personal liberties and choices of both men and women.

Caste System:

The existence of a rigid caste system in Indian society contributes significantly to honour killings. Inter-caste marriages are frowned upon by cultural organizations, individuals, or the gotras of the concerned parties. This aversion extends to interfaith marriages as well. A study by the National Commission on Women revealed that 72 per cent of conflicts related to honour killings were associated with inter-caste marriages, and 3 per cent with inter-religious marriages. Legal perspectives, such as those presented in the case of Lata Singh vs. State of Uttar Pradesh (2006), emphasize the need to encourage and support intercaste and inter-religious marriages for the betterment of societal cohesion.

Khap Panchayat:

Khap Panchayats, influential community groups primarily found in rural Northern India, often take the law into their own hands. They engage in coercive actions that jeopardize the lives of individuals who choose to marry freely. A landmark case, Smt. Chandrapati vs State of Haryana and Others (2011) (Manju-Babli murder case), The circumstances of the case involved Manoj and Babli as the victims. Having fallen in love, they chose to elope and marry each other. Upon discovering this, their family members became enraged and located the couple. The family brought the matter before the Khap Panchayat, which initially declared that anyone in contact with the victims would be fined 25,000, prohibiting any communication with them. After locating Manoj and Babli, the family presented them before the Khap Panchayat, which opposed their marriage based on religious and caste differences. The Khap Panchayat, acting as both judge and accused, played a role in the honour killing, citing family honour as the motive. Babli’s relatives, including her grandfather who was a Khap leader, were implicated in the murder. Despite this, the victims were abducted and killed. However, when the case reached the Karnal district court, five individuals involved in the murder were sentenced to life imprisonment, marking a significant legal precedent for honour killing cases. Additionally, the driver involved in the abduction received a seven-year prison sentence. Honour killing is recognized as a grave offence, and this case stands out as the first instance where a life sentence was imposed on those responsible for such a crime.

So, this case highlighted the involvement of a Khap Panchayat in ordering the killing of a couple who married within the same gotra.

The court, in the case Laxmi Kahhwaha vs. The Rajasthan State (1999), has stressed the need to curtail the illegal functioning of Khap Panchayats, emphasizing that they have no authority to infringe on people’s basic rights.

Absence of Education:

A lack of awareness and education regarding individuals’ rights and the procedure for asserting those rights stands as a significant factor contributing to honour killings. The absence of distinct and stringent laws compounds the issue. Despite the rise in honour-related offences and judicial condemnations in courts throughout India, governmental responses have been characterized by neglect. Indian laws do not officially recognize honour killings as a distinct crime, lacking a defined legal framework for various aspects associated with this offence. Couples at risk receive no legal protection, preventive measures are absent, and there is a dearth of accountability and punitive measures. The reported cases are typically categorized solely as murder under Section 302 of the Indian Penal Code, culpable homicide under Section 304 of the IPC or Section 307 of the IPC which talks about the attempt to murder if the accused tries to murder the person, but due to some act, the person doesn’t die and is saved, then the accused can be convicted. This classification leads to underreporting or misreporting, resulting in a lack of accurate statistics on honour killings in India.

Provisions in the Indian Penal Code, 1860

While there is no distinct law explicitly addressing “honour killings” in the Indian Penal Code (IPC), numerous provisions exist that pertain to its commission or collective involvement. Sections 34 and 35 of the IPC, for example, identify and penalize criminal acts committed by multiple individuals in pursuit of a shared intention. Sections 107-116 address and penalize abetment of offences, including murder and culpable homicide. Sections 120A and B penalize involvement in criminal conspiracies. Sections 299-304 penalize individuals guilty of murder and culpable homicide not amounting to murder, with punishments ranging from life imprisonment to death and fines. Section 300 introduces a “fifthly” clause, potentially categorizing Khap-dictated honour killings as a distinct offence and holding all participants in such decisions liable for the primary charge of murder, with the maximum penalty being death. Section 307 penalizes attempted murder with imprisonment for up to 10 years and a fine, extending to life imprisonment if the victim is injured.

Laws to Prevent Honour Killings in India

Several laws are in force to prevent honour killings in India:

Indian Majority Act, 1859:

Article 21 grants the constitutional right to marry, and under Section 3 of the Indian Majority Act, 1857, individuals attain a majority at the age of 18. Honour killings based on the grounds of marrying a person of another caste or inter-community marriage are unlawful, and severe measures should be initiated against such acts.

Special Marriage Act, 1954:

This Act facilitates a special form of marriage regardless of caste, religion, or faith. Honour killings contradicting this perspective violate the Act. The lengthy registration process also poses risks of violence during this period.

Protection of Human Rights (Amendment) Act, 2006:

Despite this Act safeguarding human rights and establishing commissions and courts for this purpose, honour-killing practices persist, resulting in severe violations of human rights.

Domestic Violence Act, 2005:

Under this Act, preventing a woman from marrying a person of her choice constitutes emotional abuse, highlighting the legal implications of interfering with individuals’ marital choices.

The Prevention of Crimes in the Name of Honour and Traditional Bill, 2010, and The Prohibition of Unlawful Assembly Interference with the Freedom of Matrimonial Alliance Bill, 2011:

These two acts represent two proposed pieces of legislation addressing Honour Killing. However, these bills have not been passed yet, indicating that Honour Killing continues to receive widespread support from the public, often rooted in religious beliefs and traditions. The National Women’s Commission suggested a bill to prohibit Honour Killing and khap panchayats a decade ago, underscoring the societal trend of normalizing such practices. The persistence of old myths and adherence to traditional norms contribute to a societal mindset that associates honour with the perceived purity of women. Many individuals lack awareness of constitutional rights, oblivious to the fact that impeding women or any person from a lawful marriage constitutes a violation of Article 21 of the Indian Constitution. This article enshrines the right to marry as a matter of personal choice, emphasizing the need for broader awareness and education on constitutional rights.

Conclusion:

In conclusion, the deeply entrenched practice of honour killings remains a grave violation of human rights and a glaring manifestation of patriarchal norms that persist in various societies. The tragic loss of lives, predominantly women, demands urgent and concerted efforts from both local and global communities. Addressing honour killings necessitates multifaceted strategies, including legal reforms, community education, and fostering a cultural shift towards gender equality. It is imperative that governments, NGOs, and individuals collaborate to eradicate the root causes fuelling honour killings, special awareness should be spread in order to educate people about their rights, thereby creating a world where every individual, regardless of gender, can live free from the threat of violence in the name of misplaced honour. The journey towards a more just and egalitarian society requires collective commitment and unwavering dedication to dismantling the systemic structures that perpetuate such heinous crimes.

It serves as a reminder that advancement necessitates not only changes in legislation but also a fundamental transformation in societal awareness, where the dignity of individuals takes precedence over any limited notion of family or community honour.