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Honour Killing

Updated: Jun 28

Author- Adv. Vibhanshi Shakya

 

 

ABSTRACT

The practice of "honour killing," though it may seem archaic, is nonetheless prevalent throughout India. Killing in the name of “IZZAT” by their own family members to prevent bringing shame to their family is known as “Honour Killing”. Out of many reasons of such killing, the most common is the victims wanting to marry inter-caste or inter-religion. The family members of these victims deem such marriages as bringing shame to the honour of their family. This research discusses about Honour killing in India, the reasons of such killings. It also examines the laws that criminalize such killings and the part Khap Panchayats plays in commission of this heinous honour killing. In order to stop honour killing and other crimes perpetrated in the name of honour, the author has proposed a few measures that can be implemented.


INTRODUCTION

 

“The People closest to your heart often hold the sharpest daggers”

BUT WHY?

In the name of “HONOUR” or proudly so called “IZZAT”.

Yes, in the name of “KHANDAAN KI IZZAT” or we say “FAMILY HONOUR”, many lives have been intentionally taken away. Sadly, the irony is that those lives are often taken by those who gave them life. This barbaric murder is committed by those who are closest to the victims, their family members. The sole reason of such killings is because the Murderer think that the victim will bring shame upon the family. Consequently, in order to prevent such shame, they brutally kill their own. Such killing is called “HONOUR KILLING. Also known as “Shame Killing or Customary Killing”.

“Honour Killing is murdering the family member or a clan by other family members because the preparators believes that the victim/victims is/are going to bring shame upon their family”.

It is quite disheartening that while the world is evolving rapidly, such heinous acts of cruelty are still prevalent and highly regarded, especially in India.Such murders in the name of honour are mostly prevalent in some North Indian states, such as “Uttar Pradesh, Bihar, Rajasthan, Haryana, Jharkhand and Punjab”. Now it is increasing in South as well, including Karnataka.[i]As per the data of“National Crime Records Bureau (NCRB)”,the honour killings cases in India were reported 24 in 2019, 25 in 2020,33 in 2021 and 18 in 2022.But who are we kidding? How come these figures are so low while it is committed every other day, particularly in rural areas? The reason is that many of such incidents are either deliberately buried by the killers or are buried by higher authorities. Therefore, they are not officially reported.

WHAT IS “HONOUR KILLING”

“Honour Killing is the homicide of a member of a family or social group by other members due to the belief of the executioners that the victim has brought some irreparable shame or indignity upon the family or community.”[ii]

“Honour (izzat) in India is not merely a personal attribute but a collective social marker”.[iii]

In India, the family's woman is typically the victim of honour killing for shaming the family. Rejecting a family-arranged marriage, desiring to marry someone from a different caste or religion, engaging in sexual activity prior to marriage, or desiring to live a specific way are the main causes.However, it is not only women who are always the victim. Manof different caste, religion or clan is also killed for being in a relationship with such woman. Sometimes men become the victim due to the reason that theyare in a relationship with same sex person. But comparatively, women are largely the victim of honour killing. In India, women constitute almost 97 percent of honour killing victims.[iv]

REASONS

A handful of the reasons, why murderers think that victims are bringing shame to their families and consequently killing them, are: -

·       Dressing up in a way unacceptable to the family/society:  Women desiring to dress up according to their liking, like short clothes or jeans, are unacceptable to some families. They believe that it will bring shame upon the family and the society might think less of them. When this becomes a conflict, it often leads to such killing.

·       Denying to marry to a person arranged by the family: families believe that this is an act of rebellion and their child is not honouring their wishes and it will hamper their social standing.

·       Marrying in same gotra: In some cultures, a man and woman of same gotra are believed to be brother and sister. Therefore, it is presumed to be shameful and a sin to marry in same gotra.

·       Being in a sexual relationship before marriage: Nothing is more shameful in India than a women having sexual relationships before marriage. It is considered as a sin. Few families cannot tolerate such act due to the reason that they cannot face the community. Hence, they eradicate the reason behind such shame.

·       Being a victim of rape: In few communities, it is very important that a woman must remain chaste until she gets married. The honour/izzat of the family lies in the chasteness of the woman. Even though the horrific act of rape is done by the rapist. But the rape victim is targeted as she has become impure. And the problem increases if that victim becomes pregnant.

·       Wanting a Divorce:In India, marriage is considered sacred. Family members feel proud when their child is married in front of the entire community. Thus, when a man or woman, particularly a woman, want to file for divorce. Families are afraid of social disgrace.

·       Rumours about the family member: An accusation against a woman in some cultures can be sufficient to damage her family's reputation. Family fears social rejection and consequently kill the woman.

·       Homosexuality: Being a gay or having same-sex relationship is a taboo in India. It is considered as a sin in some backward communities. It is inappropriate of men to behave like a woman or woman to behave like a man. This generally leads to honour-killing.

·       Desire to live in a certain way: An honour killing may be triggered by the simple belief that a woman has denied the societal norms, whether in her friendships, attire, or way of life.

·       Changing or renouncing the religion: Renouncing or changing one's religion may lead to honour killings.

 

ROLE OF KHAP PANCHAYATS IN HONOUR KILLING

Khap panchayats are organizations/body of persons, widely in village areas, who assumed the position of judges by their own and adjudicate the matters related to the property or personal matter of families. But in reality, such organizations have no authority provided by law to adjudicate on such matters.They have a great influence on the communities in the village. These organizationsare strictly discriminatory with respect to the caste, gender and economic status of the people. These panchayats are ruthless organizations that believe their decisions are supposed to be obeyed. Sadly, people mindlessly adhere to the khap panchayat's directives.

There is no doubt that these panchayats are the main proponents of honour killings and actively encourages a sharp rise in this practice. Such panchayats order the horrific killing of inter caste/religion youths who are going to be married or are married. They take the decision which are unconstitutional and beyond law. “In Punjab and Haryana, more cases are documented as a result of the role played by khap panchayats. Khap panchayats are a kind of community organization or group that are especially common in Northern Indian communities.”[v]

Such panchayats must be abolished. Even in many cases, the Courts have criticized khap panchayats and recommended actions to be taken against them. In the case of Shakti Vahini v. Union of India [(2018) 7 SCC 192][vi], the court stated that“The ‘Khap Panchayats’ or such assembly should not take the law into their hands and further cannot assume the character of the law implementing agency, for that authority has not been conferred upon them under any law. Law has to be allowed to sustain by the law enforcement agencies.” It further mentioned that “It is because their violent acts have not been taken cognizance of by the police and their functioning is not seriously questioned by the administration. The constitutional provisions are shown scant regard and human dignity is treated at the lowest melting point by this collective. Article 21 which provides for protection of life and liberty and guards basic human rights and equality of status has been unceremoniously shown the exit by the actions of these Panchayats or the groups who, without the slightest pangs of conscience, subscribe to honour killing. In this backdrop, prayers have been made as has been stated hereinbefore”.

To stop these organizations from controlling the country's legal system and influencing its citizens, it is crucial that immediate measures must be taken.

LAWS

A.    CONSTITUTIONAL LAWS

·       Articles 14of the Constitution “guarantees to every person the right to equality before the law or the equal protection of law”[vii]. 

·       Article 15of the Constitution provides that “there shall be no discrimination by the State on the grounds of religion, race, caste, sex, or place of birth”[viii]. It is the responsibility of the State for safeguarding the people who are the victim of violence on these grounds.

·       Article 17 of the Constitution “abolished the practice of untouchability in all its forms.”  Further, “the enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law”.[ix]In the case of People’s Union for Democratic Rights v. Union of India[x], (AIR 1982) the Supreme Court held that “when the rights under Article 17 are violated by any private individual then it will be the responsibility of the state to take action immediately. Merely because the aggrieved person could themself protect or enforce their invaded fundamental rights, did not absolve the State from its constitutional obligations.” Therefore, it’s the responsibility of the State to protect people who face any kind of harassment, assault or honour killing committed in due to them being of lower caste.

·       Article 19of the Constitution provide the guarantee to every person “the right to freedom of speech and expression”.[xi] 

·       Article 21 of the Constitution provided “the protection to life and liberty to every person”[xii]. Honour killings are an open infringement of this right given that they jeopardize the lives and liberties of the victims.

B.    INDIAN PENAL CODE (now bHARATIYA NYAYA SANHITA)

Currently there is no specific law against honour killing. Such kind of killing is criminally chargedunder few sections of the “Indian Penal Code (herein after referred to as IPC)”, now replaced by the “Bharatiya Nyaya Sanhita (herein after referred to as BNS)”.

·       “Sections 299-304of IPC (Now Section 98-103 of BNS)”:These sections are regarding “murder and culpable homicide not amounting to murder”.Punishment for Murder provided is “death or imprisonment for life, and shall also be liable to fine (section 101(1) BNS)”[xiii]. Whereas, the punishment for culpable homicide not amounting to murder is “imprisonment for life, or imprisonment of either description for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine (section 103 BNS)”[xiv].

·       “Section 307 of IPC (Now Section 107 of BNS)”:this section is regarding“attempt to murder”, where the punishment for attempt to murder is “imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine”.  And in case hurt is caused because of such act, then the punishment is “imprisonment for life, or to such punishment as is hereinbefore mentioned”[xv].

·       “Section 308 of IPC (Now Section 108 of BNS)”:this section is regarding “attempt to commit culpable homicide not amounting to murder”. Wherein the punishment provided is “imprisonment of either description for a term which may extend to three years, or with fine, or with both.” However, if hurt is caused to someone by such act, then he shall be punished with “imprisonment of either description for a term which may extend to seven years, or with fine, or with both.” [xvi]

·       “Section 120A and B of IPC (Now Section 61 of BNS)”:This section punishes anyone who participates in a “criminal conspiracy”. Section 61(2)(a) states that “whoever is a party to a criminal conspiracycommit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence”[xvii]. It guarantees the prosecution of individuals who organize or facilitate honour killings.

·       “Sections 107-116 of IPC (Now Section 45-56 of BNS)”: This section provides the punishment for“abetment of offences”[xviii]. The people, like family members and khap panchayats, can be punished under these sections for abetment of murder or culpable homicide.

·       “Section 34 and 35 of IPC (Now Section 3(5) and 3(6) of BNS”:this section is regarding “Criminal acts done by several persons in furtherance of common intention”[xix], where the punishment is provided in the sectionmaking all participants equally liable and can be charged under this section.

 

C.    DOMESTIC VIOLENCE ACT, 2005

This act protects women from any kind of Domestic Violence in the family. As we know that majority victims of honour killings are women, therefore, this act provides protection to such women.

D.    THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989.

Since the honour killing is majorly related to inter-caste marriages, this act protects those people who falls within the category of SC or ST. The law prohibits and penalises various acts committed against SC or ST.Section3(2)(v) of the Act , states “Whoever, not being a member of a Scheduled Caste or a Scheduled Tribecommits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more against a person or property on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine”[xx]. Here, it penalises the killing of person belonging to SC/ST.

However, one cannot ignore the fact that honour killing is committed against all category of person and not only SC/ST because beside caste, there are many more reasons why people commit honour killing. This act only protects SC/ST. There is a need of a specific law to protect all persons from honour killing and penalise the perpetrators.

JUDICIARY

The Indian Supreme Court has frequently condemned honour killings and reiterated the necessity for strict punishments and legal safeguards that will put an end to these crimes.

Some landmark judgments are:

Shakti Vahini v. Union of India ((2018) 7 SCC 192.) (AIR 2018 SUPREME COURT 1601)[xxi]

In this case, NGO Shakti Vahini filed a PIL asking for directions of the Court in order to prevent honour killings and to protect couples who want to marry or had married inter caste or inter faith, especially from the terror of Khap Panchayat.Here the Court condemned honour killings and declared that “honour killings guised as tradition are nothing but barbaric and illegal”. The Court also reaffirmed that “the consent of the family or community is not necessary for two adult individuals who agree to enter into wedlock and further held that Khap Panchayats (local caste councils) had no authority to interfere in the exercise of this right”.Further, the court issued “preventive, remedial and punitive guidelines”for State Governments and Police Authorities:

·       Setting up the safe housed for the couples who are in need of protection.

·       Establishing the “District Level Special Cells”.

·       To ensure instant police protection to them.

·       Taking actions against khap panchayats.

·       Fast track procedures.

·       Protect the victims and witness.

The Court in this case also recommended the legislature to form and enact a law specifically for honour killings.

Geeta Singh v. State of Rajasthan ((2008) 118FLR37)

In this case the Court stated that “individuals who are of marriageable age have complete independence in choosing a life partner”.The court further issued directives“mandating that the state take the necessary actions to stop this heinous crime from happening”[xxii].

 Lata Singh v. State of Uttar Pradesh(AIR (2006) 5 SCC 475)[xxiii]

The Court reaffirmed that“A person can marry anybody they choose after they become a major in this free and democratic nation.A boy’s or girl’s parents are not permitted to abuse, carry outor support acts of violence against, or assault, an individual who enters into an inter-caste or inter-religious marriage. The most they can do in such a situation is cut social ties with their offspring”.The Court further criticized honour killings, it stated, “there is nothing honourable in such killings, and in fact they are nothing but barbaric and shameful acts of murder committed by brutal, feudal minded persons who deserve harsh punishment. Only in this way can we stamp out such acts of barbarism.”

Gurdev Singh Son of Rattan Singh ... vs State of Haryana (MANOJ AND BABLI CASE.)[xxiv] (DECIDED ON 30 MARCH 2010)

This is a landmark case on honour killing. “Since it is the first time an accused person has been given a life sentence for honour killing, this decision is historic in the field.”

Manoj and Babli of different caste were in love with each other decided to elope and get married. The family tried to find them. They went to Khap Panchayat with the issue. The Khap Panchayat declared that whoever tries to come in contact with the eloped couple will be fined Rs 25,000 and nobody should be approaching them. The family found the eloped couple and produced them before the Khap Panchayat. The Khap Panchayat gave its verdict against the couple. It ruled the killing of the couple and the couple were murdered.  The Karnal District Court punished five culprits involved in the killing with a “life sentence”. 

Vikas Yadav v State of Uttar Pradesh (30 May, 2008) (SC No.   78/02)

The brother of a girl murdered the boy. The Court held that “One may feel ‘My honour is my life’ but that does not mean sustaining one’s honour at the cost of another. Freedom, independence, constitutional identity, individual choice and thought of a woman, be a wife or sister or daughter or mother, cannot be allowed to be curtailed definitely not by application of physical force or threat or mental cruelty in the name of his self-assumed honour. That apart, neither the family members nor the members of the collective have any right to assault the boy chosen by the girl. Her individual choice is her self-respect and creating dent in it is destroying her honour. And to impose so-called brotherly or fatherly honour or class honour by eliminating her choice is a crime of extreme brutality, more so, when it is done under a guise. It is a vice, condemnable and deplorable perception of ‘honour’, comparable to medieval obsessive assertions.”

INSTANCES

·       In 2002, Nitish Katara was killed because he was in relationship with Bharti Yadav, who was the daughter D.P. Yadav (politician. He was killed by her brother Vikas Yadav and cousin Vishal Yadav.[xxv]

·       The parents of a 21-year-old student at Delhi University's Sri Venkateswara College were accused of killing her because she married her lover from different caste in secret against their desires.[xxvi]

·       In May 2010, Nirupama Pathak, a journalist working in Delhi, was in a relationship with a man of different (lower) caste. She was 10-12 weeks pregnant. She was murdered by her family. She was found dead at her parent’s house on 29 April in Tilaya in Koderma district, Jharkhand.[xxvii]

·       In 2018, Nandish, who was a 25-year-old Dalit Man, fell in love with an upper caste Swathi. They got married and after several months both of them were killed by Swathi’s father.Her father confessed to the crime of murdering the couple and later throwing their body in a river.[xxviii]

·       In September 2018, Pranay was killed by his wife’s father in broad daylight. Amrutha (wife) was from upper caste and Pranay was from lower caste. They fell in love and got married two years ago before their murder. She was pregnant and both were returning from the checkup when her husband was killed in front of her by her own father. Later her father confessed to the crime.[xxix]

·       On November 17th,2022, Aayushi was shot by her father inside their home in Delhi. She wanted to marry a man from different caste. Her body was dumped near the Yamuna Expressway in Uttar Pradesh by her parents.

·       In march 2025, a 23-year-old woman was murdered by her brother and father. She was murdered a day after she got married to her boyfriend in Greater Noida, Uttar Pradesh.[xxx]

MEASURES TO RESOLVE THE ISSUE

A.    Introduction of a Specific Law Against Honour Killings: 

In various cases the SC had again and again recommended the legislature to enact a law specifically for honour killing. For instance, Shakti Vahini v. Union of India((2018) 7 SCC 192.)

In its 242nd report, theLaw Commission of India classified‘honour killing’ as ‘distinct violence act’. The commission recommended a “special standard legislation” after emphasizing that the Indian Penal Code's current provisions are insufficient to address the unique character, scope, and organized component of honour-based crimes.[xxxi]

There must be a dedicated legislation for honour killing, defining the honour killing as a different offence and prescribing the penalties for such killings.

Further, one cannot neglect the other acts committed against the couples in the name of honour. For instance, harassment, abduction, coercion, mental harassment, assault, confinement, etc. These are the acts done against the couple to prevent them from doing anything which degrade the honour of the family. These acts are done in the name of honour and these often leads to the killing of the couple. It is necessary that there must be a specific law defining, preventing and punishing such crimes done in the name of honour as well. It can prevent the loss of life as it can be prevented beforehand and doesn’t lead to their killing.

The specific legislation will provide the couple who wants to marry outside their religion or caste from their families or Khap Panchayats. It can provide loss of their life. Police protection and safe houses can be set up for such couples so that their families cannot reach and harm them.

B.    Khap Panchayats must be banned

 The Khap Panchayats who gives caste-based verdicts including the verdicts of killings are unconstitutional. They take decisions which are barbaric and heinous. No authority is provided by any law to them for giving such decisions. They take away the fundamental rights of the people. They only promote honour killing and other honour crimes. Therefore, it is very necessary that strict actions must be taken against such gatherings and its members. Restrictions and penalties must be provided for such organizations. They must be banned and criminalized.

C.    Providing Police Protection and Legal Aid

Even before the killing, there are other crimes in name of honour committed against the victims. They are harassed, abducted, assaulted, confined, among other things. It is necessary that steps must to take to prevent at initial steps. Therefore, helplines, safe houses, police protections, free legal aid must be provided to such victims. State must ensure that such facilities are there for the targeted victims instantly.

D.    AWARENESS OF SUCH CRIMES AND THE RIGHTS

It is necessary that basic rights and the awareness about such activities must be campaigned. Citizens must be thought what is right and wrong. They must be aware about the reliefs they can access if they are targeted to such crimes.

CONCLUSION

“INJUSTICE ANYWHERE IS A THREAT TO JUSTICE EVERYWHERE”

-Martin Luther King

Honour Killing or any crime done in the name of honour is like a deadly disease in the Country and it is vital that it must be eradicated from the roots. Although Honour Killing is made punishable under IPC (now BNS) however one cannot ignore the fact that it is made punishable as Murder or Culpable homicide. The Honourable Court have again and again criticized such crimes and observed it as barbaric and should be prevented and curbed. The Court have on many instances made recommendations to bring a new law specially dedicated to Honour Killing and other crimes done for honour.

Despite laws in BNS and Courts condemning and making recommendations, the cases of Honour Killing continue to rise. Few out of many instances of honour killing are mentioned above makes it clear that the cases are increasing and are unreported.Yet there is no specific law for honour killing and other crimes in the name of the honour. It is high time that some steps must be taken against such crimes. Punishing it under IPC (now BNS) makes it difficult to differentiate from Murder. Hence, making it difficult to keep tap on honour killing cases. Consequently, they remain unreported. There must be a specific law which defines honour killing along with prohibiting and penalizing it and also punishing and prohibiting other crimes related to honour.

Some of the steps which should be taken into consideration in order to tackle the issue of honour killing have been discussed above and it is high time that to start managing it with introduction of law specifically for honour killing and curbing the claws of Khap Panchayats along with other recommendations provided above.

REFERENCES


[viii]Ibid.

[ix]Ibid.

[xii]Ibid.

[xiv]Ibid.

[xv]Ibid.

[xvi]Ibid.

[xvii]Ibid.

[xviii]Ibid.

[xix]Ibid.




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