Honor Killing – A Prestige?

The author and co-author of this blog are Drishti  Miglani (BBA.LLB) and Ishika  Arora (BCOM.LLB), 3rd-year students of  Banasthali Vidyapith University Rajsthan.

INTRODUCTION

Caste The system has been prevailing in the Indian society since ages. The activities of female dominance are monitored closely. They are considered pure on the basis of their sexual purity. In this 21^st century, India though the largest democracy, families still hold this thinking to kill their kith and kin in the name of the honor. This concept of doing anything what a man feels like; provided that he may not injure the legal freedom of any other is in the legal theory of law. Honor killing is an act of violence, including murder, predominantly committed by male family members against female family members who are perceived to have brought dishonor to their families. People are killing their own loved ones or family member in the name of honor. It is alleged that they had open conversations with men who are not related to them or having sex outside marriage. They may be targeted for some other reasons like refusing to enter into arrange marriage or seeking divorce even from an abusive husband which may probably going to damage her family’s name. It all depends on man’s feelings or perceptions rather than the objective truth. There has been no tradition which describes this type of custom or tradition but should be considered as a barbaric killing.

Most of the credit goes to the Khap Panchayat which played an important role in the widespread of this sort of killing in the civilized society represented by a so-called “urban India” or “shining India” phrases. According to such panchayat, marriage between people of the same village is considered incest as they are siblings and hence are not valid. They order the murder of the couple and hang their bodies in the village crossing as to set an example to other straying couples. Although, this crime is not new to rural India especially in the regions of Haryana, Uttar Pradesh, and Rajasthan. Also, these are not restricted to the rural but are connected with the parts of Delhi and Tamil Nadu, Kerala, etc. However, such crimes went under-reported; the United Nations Population Fund estimated that around 5000 women are killed annually irrespective of the religion or faith. These crimes and criminals are well-nourished under the political blessings of the political parties mainly interested in the vote banks of these villages and holding the right hand of the Khap Panchayat. Even the Hindu Marriage Act, 1955 prohibits marriage between the degrees of prohibited relationships including brother and sister also, marriage between sapinda-people within the third generation in the line of the ascent through mother.

In order to know the nature of the crime it is necessary to understand the human psychology behind it. The core attitude towards such crime involves the fact that incest is considered as a taboo in our culture. Our parents have made us conscious of our relationship with our siblings from the very beginning because our culture has been framed in such a manner. Even a minute thought of marrying or having a relationship with them gives out the impure thoughts or is considered to be vile that it becomes a heinous crime sometimes leading to honor killing. In certain cases where the marriage is commenced between two people of the same gotras then either the family boycotts the couple or the whole family is boycotted by the society. This leads to depression for the family members and thus directing them to kill themselves or the couple.

WORDS OF LAW

 Various amendments and provisions are proposed by the Government of India in various cabinet sessions for the removal of this increasing trend of killing. The bill has to be proposed in each house of the parliament and passed by them. Later on, suggestions were welcomed from every state based on their territorial conditions regarding the preparation of the deterrent law to deal with this crime.

However, this will make any sense or difference in the ideology of the society or not is yet to be scrutinized. This becomes virtually impossible to track the victim as a huge mob is sent after the couple to be pelted with stones and to be killed. Hence no definite accused is recognized. Also, the dominance of Khap Panchayat in the village restricts the cop to take any action towards the same. Even some of the cases went unreported and are hushed by the family and panchayat. Thus, the government in order to prevent such crimes passed a proposal to revoke the 30 days’ notice period presently required under the Special Marriage Act[1] for the inter-community marriages, because that time is taken by the families as an advantage to track down, kill, and forcibly separate couples. Though every religion condemns honor killings yet the cultural set up displays it as an essential ingredient of religion. Also, it has the strongest support of the masses: religion.

The the fact of the matter, therefore, lies that the state machinery is highly immobile in cases of honor killings. The state machinery i.e. the police has to be more proactive rather than reactive to the horror killings. Many times the cases are reported as suicide and thus nothing goes through, in order to be tried in the courts.[2] The Police officials are known to be threatened and many times hand in gloves with the big influential families of the religion and thus justice is denied to the victim.

The Indian Legislation has finally given importance to such cruelty and has recognized it as a “distinct offense”[3]. Honor Killings are homicide and murder which are a heinous crime under the Indian Penal Code, Section 299 of the IPC, dealing with the culpable homicide while Section 300, dealing with the culpable homicide amounting to murder. Honor killings are directly against the constitutional right under Article 14 violating their fundamental right of providing protection to the citizens. This crime is directed straight towards women giving rise to gender inequality thus, violation of Article 15 of the India Constitution.

The main aim of such amendments was to break the innocence of the Khap panchayat members- and this includes not just the charge of the murder but also being an abettor or instigating someone to kill the other person or humiliating them; including stripping or boycotting them from the society. These amendments made the Khap Panchayat accountable for the murder.

CONCLUSION AND SUGGESTIONS

 The eradication of such crimes requires a serious interruption of the state. Gender biases still exist in society and which results in inequality and violence in the name of honor. In this male dominating society, the male section enjoys special benefits enabling them to do whatever they feel like irrespective of the societal ideology or perspectives. Therefore, it’s the responsibility of the state and the society to protect the citizens or human rights, and to avoid such crimes and provide a safe, secure environment for living. Social, Economic, Political, Cultural aspects have to be sensitized regarding the same and to tackle the problem. For immediate assistance required for the same include police officials, law enforcement agencies, setting up women police stations for counseling women victims, and civil administrations.

Constitutional law and International provisions are failing to tackle this menace; it also fails to clearance as to why this act is prevailing in this society even when there are provisions for the individual’s protection. Sometimes, this barbarous act is committed in the general public to set an example for the other women within the community. In the name of tradition this crime has been rooted in the minds of the people. This patriarchal mindset will have to be challenged in order to maintain the stability in the society.

Caste system has converted into a social evil that too at a very big level. Women have come to the forefront to ensure that they are honored and protected in society. State must support these women and provide them the justice they are struggling for. These women have broken all the barriers and are convinced, not to tolerate any act in the name of honor committed by those who themselves are a dishonor for the family.

There is nothing against the traditional belief system in India. Many innocents have lost their lives in the name of tradition or belief. Measures are required at the state and societal levels. These measures include:

·       No room for ambiguity should be left out and a uniform, clear definition of the same should be framed.

·    Special Police tasks must be assigned with a several helplines numbers and special cells over the affected area, and immediate assistance must be provided for the eradication and development of social evils as a matter of top priority.

·       Instead of prioritizing the Panchayati Raj Institutions, the societal benefit must be prioritized.

·       Mass awareness camps must be launched in the civil society to educate the general society about the evil and also to educate the society about the development of the evil and its rooting.

·      Active police, government must be framed for the achievement of the same.

·     Reformed marriage laws are to be framed and strict laws dealing with the crime must prevail.

At the end social activists, educated women political leaders, government all must integrate their efforts towards this common cause and struggle for the right of integrity.

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[1] Section 5- Special Marriage Act 1954 (Act no 43 of 1954)

[2] Freedom in the World: India 2010, Freedom House.

[3] Vibha Sharma (28 March 2010); “Who gave the Khaps the right to kill; PC” (The Tribune)333