Ban Caste Based Honour Killings

This article is written by Dhriti Sachdeva SRM University, Sonepat Delhi NCR. This article reflects the change in social dynamics from very embedded caste systems. Not any specific law deals with this issue but has provisions in new criminal laws that provides remedy for killing and through precedents evolved over time.

From the very existence of mankind, gender roles have been assigned through societal norms, culture and traditions. Since time immemorial the patriarchal society has been in existence These cultural practices remained in practice in every religion, caste and deep-rooted hierarchies These emerged from the societal image that women look after household and man has to earn money for livelihood lead to male-domination, gender discrimination and caste stereotypes. With changing social dynamics, the women have been oppressed and suppressed. There exists gender inequality and has never been equal in subjects like marriage, family, employment etc.

This led to gender-based violence, infanticide and other types of unlawful acts of killing like murder, rape etc. One of these types of cultural crimes has been honour killings. It refers to the killing of members of family or clan (specially women) by another group or family, community or clan (specifically male) who disobeys the caste norms and elopes to do marriage in another gotra or religion or another caste bringing dishonour to family members, clan or community. This act brought shame to the whole community; to prevent the humiliation they killed the young couple.

What Honour Killing Means?

It refers to acts of violence, usually unlawful killing done by family members or village council often called as Khap panchayats against the young couple who defied the cultural norms and caste-based hierarchies in ties of marriage which brought dishonour to the female family members. Therefore, any of them could be perpetrators and to protect their image from the embarrassment or such shame or dishonour could commit such an act. Thus, a mere perception is sufficient that a woman has behaved in a certain way that brought dishonour and can attack her life.

Reasons behind Honour Killings

The major reason for honours killings has been social conditions or customs that treat women and their self-respect not equal to man. Because of these rigid customs the social role of woman has always been governed by male counterparts. Woman seen as material objects and mere representatives in these patriarchal societies. and has to act always in consonance with the societal norms or in a certain way that does not brought dishonour to the family or defies that established norms. She cannot live in this type of society which controls her actions and there has been no transparent procedure to reform or put an end to these inflexible ongoing prevalent in practice.

Honor killings from the Roman era, when senior males in a family, known as pater familia, have been in power to murder a dishonest spouse or an unmarried daughter who engaged in sexual activity. Lack of equitable representation has been another reason in Khap Panchayats for all castes and gender. The structure of Khap panchayats consists of male counterparts and zero representation of women. Additionally, the maintenance of order and peace within rural areas have been governed by them. The decision has to be binding for all and has to bear the responsibility for the inefficient act and unquestionable.

To support the above reasons, I want to illustrate the case study that helps you to understand what actually the honour killing means and how the social institution of marriage has been interpreted and seen as sinful in the pious relationship of marriage.

In one recent case in Moradabad, Uttar Pradesh the bodies of man and woman recovered from riverbank. They both shares a close- tie in the society and belonged to different communities. The murder weapon has been found. Both deceased have been victims of honour killings, in my perspective as this has been an Inter- caste marriage for which they have been punished to upheld honour of the family member and killed by woman’s brother as per investigation done. As per findings both have been beaten by spade and deputy inspector general of state police believes it to be a classic example of killing for honour of family to have respectful living in society and displays clean image. The last but not least this shows that both young couples have suffered the damage of marrying outside their religion or caste.

Role of Law that Preventing Honour Killings in India

There has been no codified statute, but in the Indian constitution also known as supreme law of land some rights have been guaranteed to We the People of India which applies to all human beings irrespective of caste, creed, religion or gender. Role of Indian Penal Code, 1872 has played a significant role in preventing killings and can be seen as one of the remedial measures.

Although equality before the law has been mentioned in Article 14, this essential idea of equality is obviously ignored when someone has been harmed simply because they selected their own spouse. The state is authorized by Article 15(3) to implement special measures for women, in reality, women have been the main victims of these crimes.

In Indian Penal code there has been certain acts equivalent to Honour Killings such as intentional killing, homicide results into death of person or planned murder deals with Sec 299 to 300 for heinous offences. Sec 307 describes that the attempt of murder has been made punishable. Section 120A & 120B deals with a group of people conspiring together by committing something illegal or any legal act by illegal means penalty has been imposed.

Case Laws

Judiciary played a paramount role in preventing honour killings that resulted in death of both woman and man just because they exercised their will to marry. Those actions seen as in defiance of case norms but finally through judicial accountability stands powerful in changing social dynamics.

In one of leading Case Manoj-Babli Honour Killing, 2007 for first time the court has executed five perpetrators in Honour killing case, which led to transformation in breaking down cultural norms practiced in term of so called ‘honour’. Therefore, the head of Khap panchayat who murdered both in 2007 has been punished with life sentence.

In another case of Jagmohan Singh vs. State of UP 1973 the law provides for the suspension of right to life and liberty in accordance with the due process of law. In cases of ‘Honor Killing’, the family members take the law into their own hands, and thereby, interfere with both the life and liberty of that couple, which has been quite an unreasonable action not been covered by the Constitution of India. The Supreme Court of India held that the State has a duty to protect individuals from being harmed, and it fails to fulfil its constitutional obligation to protect its citizens, particularly when India still does not have an express law dealing with Honour Killings.

Concluding Arguments

In India, even today, the caste system and social forces prevent young people from being able to choose whom they marry. The absence of any specific law to address honour killings only makes this worse. Legislation is necessary, but change will only come when society sheds its orthodox attitude and respects human rights and dignity. No society, no country can be crimeless. There should be an ultimate superior law that provides sanctions for the unlawful and inhuman act done which caused death should bear strict penalties.

Frequently Asked Questions

What is honour killing?

Honour killing means the act of violence done to cause death of both man and woman who ties in relationship of marriage from different caste or clans against the wishes of their community or society or clan. Thus, to protect the honour of the family members (girl child) who brought shame.

What does the term khap panchayats mean?

Khap panchayats in rural areas have been termed as village council members that control over that territorial area or marked boundary.

In which landmark case the execution of the perpetrators took place in honour killing?

The Manoj Babli 2007 case was the first case in which the court awarded death sentences to give perpetrators ensuring a strict measure taken against cultural crimes.

Can family members be charged for criminal conspiracy?

Yes, under sec 61 of BNS, 2023 any two individuals agree to execute an act by illegal means hence can be held liable for such crime.

What is the primary sociological factor behind Honour Killings?

The rigid caste system and deep-rooted patriarchy control over women’s property, self-respect and considering them material objects.

References

https://manupatra.com/roundup/337/Articles/Honour%20Killing.pdf

https://www.bbc.com/news/articles/c0jvy09dvw9o