An act of murder by the members of the either family for pride because the male or female member (legal age of 21 or 18 years) got married to the lower caste and that would degrade the reputation of the family in-front of the whole world. Honour killing is found mainly in parts of Rajasthan, Haryana and Western U.P. According to Wikipedia, Honour killing is “the murder of an individual, either an outsider or a member of a family, by someone seeking to protect what they see as the dignity and honour of their family.” Even after 77 years of independence, there are some people who still think that the cast is more important than life of their own child/family member. India is a democratic country where every citizen has right to equality and right to life as well. But here we see that caste, society and narrow minded thinking of the people led to this shameful act of Honour killing[1].
Caste and status are the main reason for honour killing. The shameful act of honour killing is done to those who performed inter-caste marriage or marrying to a person of other religion causing a trigger among the relatives, society and neighbours. Honour killing is brutal and unlawful. Supreme court had brought a decision against honour killing which shows that the act is illegal and punishable. According to the constitution of India, it states that the country is a secular State, where the citizens have the right to adopt any religion and chose the life partner according to oneself as well. Honour killing can be explained from some landmark cases so as to learn how brutal & dirty the act is!
THE CASE OF MANOJ & BABLI
As on 7th April, 2007, Manoj Banwala and Babli prevailing from Karoran Village, Kaithal, eloped and got married. The family members of both got very furious. The couple were brutally murdered by Babli’s male relatives, which included her grandfather (Khap leader), brother, maternal and paternal uncles and two cousins. The order by the khap panchayat was based on the assumption that Manoj and Babli belonged to the Banwala gotra, a Jat community, and were therefore considered to be siblings and any union between them would be invalid and incestuous even though they were not directly related to each other. When the matter was brought before the court of karnal district, it sentenced five perpetrators who were involved in the murder to life sentence.
SHAKTI VAHII VS UNION OF INDIA
According to the affidavit filed on behalf of NCT of Delhi, it stated that the Delhi Police did not maintain separate record for cases under the category of Honour Killing. They also mentioned that by the time the affidavit was filed, 11 cases were registered. Emphasis had been laid that Delhi Police sensitized the field officers in this regard so that the issues would be handled with necessary sensitivity and sensibility. The Department of Women and Child Development has also made arrangements for rehabilitation of female victims facing threat of honour killing and efforts have been made to sensitize the society against commission of such crimes. A circular dealing with the subject Action to be taken to prevent cases of Honour Killing has been brought on record[2].
RULE OF LAW
Under Article 14 &15 of the constitution of India, equality before law and equal rights before law basically means that every citizen of India would be treated equally before law irrespective of caste, creed, sex, race, and religion. Under sections 34& 35 IPC, there is a punishment for persons who are guilty of common intentions. Sections 107 to 116 of IPC states the punishment for people for abetting murders, including murder and culpable homicide. Sections 120A& 120B of IPC states the punishment for the participation of criminal conspiracy. Sections 299& 301 IPC punishes any individual who is responsible for murder and culpable homicide not amounting to murder. The punishment of murder is life imprisonment or death, and fine. The punishment for culpable homicide not amounting to murder is life imprisonment or imprisonment for up to ten years, and fine. The punishment for threatening to kill is mentioned under section 307 IPC, which is up to 10 years of imprisonment, and fine.
CONCLUSION
Article 19 and Article 21 of Indian Constitution deals about Right to Freedom and Right to Life respectively. In the case of honour killing both rights of a person is been violated. In 2021, while denying bail of a man who participated the ‘brazen act of honour killing’ of his sister, the Allahabad High Court rightfully said.
“…there is no place for citizens in our society who act in derogation of the much cherished constitutional values of individual liberty, and, instead, repose faith in archaic social values of family honour to an extent that they would go to eliminate a family member choosing a life partner for herself,”[3].
[1] Urishant-Honour killing in India, Honour killing in India (legalserviceindia.com), visited on 19-07-2021 at 12:43hrs.
[2] IBID.
[3] Adity Dutta -Honour Killing in India, Honour Killing In India – Aishwarya Sandeep, visited on 19-07-2021 at 14:41hrs.
Aishwarya Says:
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