Honour Killing- A Social Legal Analysis

 INTRODUCTION

For over four thousand years, the caste system has been the foundation of Hindu culture. The caste system was one of the many evils that plagued Indian society in the past. According to legend, the caste system was created with the aim of splitting humanity into four distinct classes based on the kind of job they did. In terms of social and cultural respects, the major Hindu caste groups are Brahmin, Kshatriya, Vaishya, and Shudra, with each of these Hindu caste groups having several castes and subcastes. These sub-castes have their own set of customary rules that are strictly adhered to by their members. They are so rigid in nature that breaking them through result in a boycott by the whole community in which the offender lives.

The same can be said for marriages between couples from separate caste communities. If inter-caste marriages occur, it becomes a customary crime for which innocent spouses are made to pay the price by being killed by their own families or clan councils, referred to as "Khap Panchayats." Being young and in love has recently proven to be lethal for many young girls and boys in parts of north India, as an intolerant and bigoted society refuses to tolerate any such breach. The word "honour offences" is a misnomer since they are anything but honourable. However, it has come to include a wide range of acts of violence against women, including homicide, robbery, and imprisonment, the majority of which include stopping an individual from leaving their home. In marriage or partnerships, they may exercise their freedom of preference. An honour killing (also known as a customary killing) is the assassination of a family or clan member by one or more fellow (mostly male) family members who feel the victim has brought dishonour to the family, clan, or society.

Honour killing is an act of murder by members of the family. This would be the immoral conduct of the members of the family belief in caste and gotras above one’s life. It is done to remove a family member’s dishonour and shame. The male or any member of the family kills the person who doesn’t match their social standing. It might even be a pre-planned murder, the key reasons are caste and religion. Even after 70 years of Independence, people still believe in the superiority of caste above life. India is a democratic country where all people have the right to equal treatment and the right to life.

The word “respect” crime is misleading not just because it means that such crimes are “respected”. It also gives the impression that these crimes are a product of “culture” – customs and traditions – that are specific to certain communities or religions. Combining such crimes with strong traditions and with certain communities only hinders the acceptance of the fact that these crimes are so prevalent in India, in all regions and communities.

HONOUR KILLING AND ITS CHARACTERISTICS: 

·         Honour  killings are  acts of violence,  especially  death  committed by male  members of  the family against female family members, who are held to have brought dishonour to the family. A woman can be targeted by her family for a variety of reasons, including refusing to enter into an arranged marriage, being the victim of a sexual assault, seeking a divorce even from an abusive husband and allegedly committing adultery Although rarely, men can also be the victim of honour killings by the family of women with  whom they perceived to have inappropriate relationship. The Term “Honour Killing” applies  to both women and men in the culture that practice it. 

·         The Distinctive nature of honour killing is the collective nature of the crime – many members of  an  extended  family  plan  the  act  together,  sometimes  though  a  formal  family  council.

·         Another significant feature is the  connection  of honour  killings  to the control  of women’s behaviour in particular in regard to sexuality or male interaction or marriage by the family as collective.  Another  aspect  is  the  importance  of  the  reputation  of  the  family  within  the community and the stigma associated with the loosing of status, particularly in the tight-knight communities

·         Another significant aspect of honour killing is that perpetrators often don’t face  negative stigma within the communities because their behaviour is seen as justified

·         The incidence of honour killing is very difficult to determine and estimate vary widely. In most countries data on honour killings is not collected systematically and many of these killings are  reported  by the  families  as  suicides  or accidents and  registered  as such.  Although honour  killings are often associated with Asian continent, especially the Middle East and South Asia.

·         They occur all over the world.  The methods used is honour killing are of different kinds such as stoning, stabbing, beating, burning, beheading, hanging, throat slashing, lethal acid attacks, shooting and strangulation. The murders are sometimes performed in public to warn the other women within the community of the possible consequences. Often minor girls and boys are selected by family to act as killer, so that the killer may get benefit of the most favourable legal outcome.

 

SPECIFIC TRIGGERS OF HONOUR KILLING:

The causes of honour  killing are diverse in  nature and vary from society to society. These

causes are deep rooted in the society and can be explained as under:

 

·         Refusal of an arranged marriage is often a cause of honour killing. The family which has prearranged the marriage risks disgrace if the marriage does not proceed.

·         A Woman attempting to seek divorce or separation without the consent of the husband or extended family can also be a trigger for honour killings.

·         In certain societies an allegation against a  woman  is enough to tarnish her family’s reputation, and to trigger honour  killing the family’s fear of being ostracised by the community is enormous.

·         In  certain  other  societies  victims  of  rape  suffer  severe  violence  including  honour killings, from their families and relatives. In many parts of the world women who have been raped are  considered to  bring dishonour to their  families. This is especially the case if the woman becomes pregnant.

·         Homosexuality can also be considered as a ground for honour killings by relatives, it is  not only the same  sexual  acts  that trigger violence-  behaviours  that  are  regarded  as inappropriate gender expression can also create suspicion and lead to honour violence.  Honour killings are often a result of patriarchal views on women and the  position of  women in society.

 

According to Shahid Khan, a Professor at the Aga Khan University in Pakistan “Women are considered the property of males in their family irrespective of their class, ethnic or religious group. The owner of the property has the right to decide  its  fate.  Concept  of  ownership  has  turned  women  into  commodity  which  can  be exchanged, bought and sold. In such societies women are not allowed to have control over their bodies and sexuality: these are the properties of the males of the family who must ensure virginity until marriage; and then the husband to whom his wife’s sexuality is  subordinated-  a  woman  must  not  undermine  the  ownership  of  her  guardian  by engaging in premarital sex or adultery.

 

The concept of family honour is very important in many communities.  The family is  viewed as the main source of honour and the community highly values the relationship between honour and the family. Acts by family members which are inappropriate are seen as bringing  shame to the family in the eyes of the community. Such acts often include behaviours of women that are related to sex outside the marriage and way of dressing, but may also include homosexuality. The family loses face in the community and shunned by the relatives as well. The only way through the shame can be erased is honour killing.

 

Legal  framework  can  encourage  honour  killings.  Such  laws  include  on  one  side  leniency  towards  such  killings,  and  on  the  other  side  criminalisation  of  certain behaviours,  such  as  extramarital  affairs,  indecent  dressing  in  public  places  and homosexual acts etc. with these laws reassuring the perpetrators of honour killings that people engaging in these behaviours deserve punishment.

 

A  forced  suicide  may  be  a  substitute  for  honour  killings.  In  this  case  the  family  members do not directly kill the  victim themselves,  but force  him  or her to commit suicide, in order to avoid punishment. Such suicides reported to be common in South-eastern Turkey, Iraq and Iran. 

 

In the case  of an unmarried girl associating herself with a  man, loosing  virginity or being raped, the family members may attempt to restore its  honour  with a “shotgun wedding”. The groom will usually be the man who dishonoured her, but if this is not possible the family may try to arrange a marriage with another man, often a man who is a part of the extended family of the one who has committed the acts with the girl. This being  an  alternative  to  honour  killing,  the  girl  has  no  choice  but  to  accept  the marriage.

 

HONOUR KILLINGS IN INDIA AND ITS FAILURE TO LEGALLY RECOGNISE THE PROBLEM

In India, there is no clear legislation that addresses the heinous crime of honour killings or any sentences that could be imposed. Honour killings face severe societal repercussions. About the fact that all religions oppose honour killings, the cultural environment portrays such rituals as a necessary aspect of faith. As a result, honour killing has one of the most powerful forms of popular support, namely faith. Honour killings are suicide and homicide, all of which are major offences in India. Section 299 of the Indian Penal Code deals with culpable homicide, while Section 300 deals with culpable homicide amounting to murder. The Indian constitution grants all the right to equality before the law or equal treatment under the law (Article 14). The ordinary courts have authority over all, regardless of their rank, status, or gender. The phrase "equal treatment of the rules" is a corollary of the first. As a result, the right to equality is recognised as a fundamental part of the constitution. Honour killings, as a result, was a blatant violation of the constitutional right to life guaranteed for the safety of civilians.

Honor killings, as previously noted, are mostly aimed at women, resulting in gender discrimination. Article 15(1) forbids the state from discrimination against people solely on the basis of faith, ethnicity, sex, caste, birthplace, or some combination of these factors. The right guaranteed in clause (1) is conferred on a citizen as a person, and it protects him from discrimination in the matter of rights, privileges, and immunities pertaining to him as a citizen generally."

However, in many communities across India where honour killing is common, wives and daughters are expected to be subordinate, if not servile, to their fathers and husbands. Following the increase in the number of honour killings in recent years, the Indian government has proposed amending the Indian Penal Code (IPC) to provide a  deterrence law to deal with honour killings. The government intended to introduce reforms to Parliament only during the monsoon session. Despite being unified on the need to address the pernicious tradition of "honour killings," the Centre government agreed to consult the States and propose amendments to the legislation to address the problem, despite divisions in the Cabinet on how to do so.

The Supreme Court in the case of State of Uttar Pradesh vs Krishna Master & ors1 gave three people life sentences in an honour killing case in which six members of a family were gunned down, but said the suspects deserved to be executed. The Supreme Court, on the other hand, declined to sentence Master Krishna, Ram Sewak, and Kishori to death since the event occurred over two decades before, and chastised the High Court for acquitting them by dismissing the testimony of a child and other witnesses.

 The next case in the series is Lata Singh vs. State of Uttar Pradesh and Others , in which a two-judge bench expressed outrage over several incidents of abuse, intimidation, and aggression directed at young men and women who marry outside their caste and held that "Such acts, threats, or harassment are completely unconstitutional, and those who commit them must be punished in a number of ways.” The Bench said that "inter-caste marriages are in fact in the national interest because they will result in the abolition of the caste system," and that "inter-caste marriages are in fact in the national interest because they will result in the abolition of the caste system." "When a person achieves the rank of major, he or she is free to marry whomever they want. If the boy's or girl's parents do not approve of such an inter-caste or inter-religious marriage, the most they can do is cut off social ties with their child, but they cannot threaten, execute, or instigate acts of abuse, or annoy the individual who goes through such an inter-caste or inter-religious marriage. As a result, the Bench ordered the administration/police authorities around the country to ensure that "whether any boy or girl who is a major marries a woman or man who is a major, the couple is not harassed by someone or subjected to threats or acts of violence, and anyone who gives such threats, harasses, or commits acts of violence either harmed or killed."

The trouble with honour killings in this country is that, despite the fact that there are many reports of couples being killed simply for bringing 'dishonour' to the family name, none of these cases are registered. The few that are recorded are buried under the long list of pending cases in the honourable courts. For example, Justice K.S. Ahluwalia of the Punjab and Haryana High Court made a telling observation when simultaneously hearing 10 cases involving young couples aged 18-21: "The High Court is flooded with petitions where judges of this Court have to answer for the rigors of this Court." The government is a silent observer. Where can the state wake up and how long will courts get solace and balm by resolving those cases?" The irony of the matter is that in cases of honour killings, the state apparatus is remarkably immobile. The state apparatus, i.e. the army, must be more pragmatic than reactive in the face of the horror of honour killings. Many times, the cases are registered as suicides, and as a result, little is done in order for the case to be heard in court. Police officers are considered to be intimidated, and they often work hand in hand with the region's most powerful families, denying victims justice.

REFORMS SUGGESTED

Honour killing” continues because of a perception of lost honour - which inter alia describes as "an entitlement to  respect". Thus we must  understand that honour  is "first of all not about being respected, but about being worthy of respect".                                   

·         The urgent  need  for  the  massive transformation  of  attitudes  towards  women  is evident. In Muslim and non-Muslim countries, we must continue to speak up and challenge injustices and cultural elements that deny the dignity and respect for all women and men.  We must seek, in our hearts and minds, the strength to persevere in this fight. The nightmare  of  violence  and  murder  will  only end  when  the  notion  of  honour  is transformed and upheld by respecting lives, not taking them.

 

·         Making  the  crime  of  honour  killing  a  separate  offence  would  help  bring  more clarity for law enforcement agencies. One of the proposals is to amend the Indian Evidence Act to put the burden of proof on the accused. 

 

·         Thus, the khap panchayat  or  the  family members would  be responsible for proving their innocence.  There would be joint liability under the proposed new law.  The khap panchayat (or any group ordering honour killings and the person who carries out the killing would be jointly liable for punishment.

 

·         Presently  there  is  no  definition  of  Honour  Killing/  crime  or  clarity.  Protection powers to the magistrate at the District level. New law will provide mandate  for special police cell in each district to provide protection to couples. New law comes with a institutional machinery and the required coordination of all stakeholders. It will  also  mandate  the  different  state  government  and  the  Centre  to  work  on sensitization of  the  law enforcement agencies. The new law  will  mandate social initiatives  and  awareness  to  curb  such  violence  through  social  means.  Honour crimes should include all the crimes against women which are perpetrated by the community.  There  are  many  cases  of  women  being  branded  witches,  paraded naked, tortured in public which are very heinous offences of honour and hence need to be strengthened by a special law and  to have stringent punishments. Having a special law can be deterrent

·         Community Action Grants will support local community action to reduce violence against women, and  for sporting clubs to establish zero  tolerance programmes in local clubs

·         Prevention of Crimes in the Name of ‘Honour’ and Tradition Bill, 2010– In a recent judgment, Supreme Court ruled that interference in an adult couple’s marriage decision is unconstitutional for parents or Khap Panchayats. The latest judgment resounds the Supreme Court’s 2010 order to take action against honour killing by the central government. Crime reduction in the name of the ‘Honour’ and Tradition Act, 2010 was the Government’s response.

·         Enactment of a comprehensive, standalone law– Equal punishments to criminals, plotters, and instigators. The existing provisions in the IPC are insufficient in dealing with honour killing stated by the planning commission of women and child’s rights in the 12th five-year plan. The committee has recommended any public praise or idolizes any harassment and killing in the name of honour will be punished. Demand for standalone law to act against such atrocity of crime.

·         Proposal to amend the Indian Penal Code and rein in the khap panchayats (caste-based extra-constitutional bodies).

·         An amendment to the Hindu Marriage Act, 1955 disallowing same gotra marriage.

·         The Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill, 2019 was passed by a voice vote. Parliamentary affairs minister Shanti Dhariwal introduced the bill in the House last week. Reacting to the bill debate, Dhariwal said IPC and CrPc parts were not sufficient to deal with these situations, so the bill was transferred.”It has been implemented so that people overcome the narrow mindset.”He said that 71 cases of illegal diktat granted by ‘Khap Panchayats’ (caste councils acting as kangaroo courts) have been registered in the state over the last five years and 10 cases of honour killing have taken place in which four men and eight women have been killed.

·         Penalty and punishment

Death Sentenced or imprisonment of life to accused convicted of honour killing and d to Rs 5 lakh. In case of grievous hurt punishment will be from 10 years imprisonment for life with a fine of Rs 3lakh and in some cases 3-5 years jailed with fine up to 2 lakhs in hurt or injuries.

CONCLUSION

Steadily and by the time many laws were amended, the government took action to stop honour killing. I conclude my article here by referring to the landmark case. The significant improvement from the case of Shakti Vahini v. Union of India, 2018, which was one of the landmark cases and judgement was given by Justice Dipak Misra by stating a proverb, “Liberty, taking the word in its practical sense means the right to choose.” Feudal thinking must melt into darkness paving the smooth road to liberty. The right of the enjoyment of freedom must be continually and zealously guarded, so that it may flourish with strength and glory. The stringent action and reforms were taken by the Rajasthan government by passing a recent bill on The Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill, 2019.