This article has been written by Srishti Singh, a 1st year BA LLB student from the Army Institute of Law, Mohali.
Introduction
Honor crimes have been prevalent since the ancient times in many cultures and communities across the world. Honor crimes are generally committed in cultural and normative societies wherein the female body is viewed as an object to preserve family honor. Honor crimes are mostly committed to prevent interfaith marriages, inter-caste marriages, same-sex marriages etc., so as to protect the ‘honor’ of the family.
Honor crimes are common in both, rural areas as well as in urban areas. Unfortunately, they are extremely prevalent in India, even today. According to Honor Based Violence Awareness Network, every year there are about 5000 honor killings across the world, 1000 of which occur in India. Although this number has gone down over the years, it is still an alarming figure considering that a relatively large number of such crimes go unreported in India.
In the landmark case of Smt. Chandrapati vs State Of Haryana And Others [27 May 2011,], Manoj and Babli, a couple who loved each other, had eloped and gotten married. Their family was against this marriage, so they took the case to the khap panchayat. The khap panchayat ruleddeclared that anyone who triestried to communicate with the couple will have to pay Rs. 25,000 as fine.
The couple were found and brought to the panchayat. The panchayat ruled against their marriage as both of them belonged to the Banwala gothragotra of the Jat community, and marriage between two individuals belonging to the same gothragotra in the Jat community of Haryana is considered to be a taboo. Soon after, the couple were kidnapped and murdered.
The Karnal District Court condemned five culprits The Karnal District Court condemned five culprits who were involved in the killing and punished them with a life sentence. This was the first ever case wherein life sentences were awarded to the perpetrators of honor killing. The case was appealed in the Punjab and Haryana High Court and the Supreme Court, both of which ruled in favour of the victims.
Definition
According to Human Rights Watch, – “Honor crimes are acts of violence, usually murder, committed by male family members against female family members who are perceived to have brought dishonor upon the family.” Honor crimes can simply be defined as extreme forms of gender-based violence directed towards another person for protecting what is seen as dignity or honor of one’s family. However, there have been instances wherein males too have been targeted in the name of ‘honor.’
Honor crimes can simply be defined as extreme forms of gender-based violence directed towards another person for protecting what is seen as dignity or honor of one’s family. Although they are mostly directed towards women, there have been instances wherein males too have been targeted in the name of ‘honor.’
Causes
There are various interrelated factors responsible for the occurrence of honor crimes, and these are –
Misogyny and Patriarchal Mindset
Honor killings are common in communities where patriarchal ideals persist. In such societies, women often have a lower social status than that of men. This puts their existence at peril as and when gender-based violence is committed.
Concepts of Honor and Shame
Women in uncivilized societies are objectified and seen as symbols of purity who carry the ‘honor’ of their family on their backs. When the woman does anything considered to be inappropriate as per the norms of the community, like committing adultery, marrying someone from another caste or faith, eloping with someone of the same-sex etc. her family risks being ostracized, so, to preserve this honor, they commit violence against such women and justify the practice of committing honor crimes.
In Vikas Yadav vs State of Uttar Pradesh and Ors. (2016) 9 SCC 541 , the bench observed that despite receiving education is good educational institutions, the feelings and attitudes of depreciation had not been abandoned by the brother, who had committed the murder of his sister’s chosen partner. The two-judge bench in this case observed that the idea of attaching honor to life must not come at the cost of the life of another.
Legislations
Sometimes the very tool used to prevent these crimes, becomes a weapon of the uncivilized society, wielded against the fairer sex for the very commission of such crimes. If a law punishes acts like extramarital affairs, wearing indecent clothing, being in a same-sex relationship etc. and does not have stringent provisions for major crimes like murder, then the narrow-minded people of a community get a free-pass to commit honor crimes, with no fear of the repercussions they will have to face.
Colonialism
The English law as well as the French Penal Code had provisions for reducing the sentence of a husband for committing murder of his wife and her lover if he caught them in an act of adultery. The same model traversed continents and became the common law in several countries. As a result, the concept of committing gender-based violence against women to preserve the family’s and the community’s honor became a common practice amongst several communities.
Misogyny and Patriarchal Mindset
Honor killings are common in communities where patriarchal ideals persist. In such societies, women often have a lower social status than that of men. This puts their existence at peril as and when gender-based violence is committed.
Khap Panchayats
Khap panchayats as a cause of honor crimes are specific to the Indian society. Khap panchayats are organizations of persons, generally in rural areas who exert influence over a community or group of communities residing in the area. They often take the law into their own hands and go overboard by encouraging the commission of honor crimes directed towards women. As observed in the Manoj and Babli case, khap panchayats play a big role in the normalization and commission of honor crimes.
In Shakti Vahini vs Union of India (2018) 7 SCC 192, the bench highlighted the role of khap panchayats in honor killings. The court said, “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.”
Lack of Education
Lack of education amongst the masses is perhaps the major reason for the commission of honor crimes against women. When people are not educated, they become more susceptible to ethically and logically incorrect ideas, as a result, they are more prone to misinformation and creating biased opinions. This can prove to be detrimental to the health of the society, thus encouraging the propagation of practices such as honor crimes.
Reasons Given for Perpetration of Honor Crimes
- Interfaith marriages
- Inter-caste marriages
- Same-sex relationships and marriages
- Refusal to enter into arranged marriage
- Being a victim of sexual assault
- Having impermissible male partners
- Not following the purdah system
- Seeking a divorce including one from an abusive husband
- Commission of adultery
Current Status of Honor Crimes in India
According to various studies, honor crimes are more prevalent in Northern India, mainly in the states of – Punjab, Haryana, Rajasthan, Uttar Pradesh and Bihar. Some cases of honor killings have also been reported in the states of Maharashtra, Gujarat and Tamil Nadu. Until 2014, the Indian government did not even collect data about honor killings within the country.
According to the National Crime Record Bureau’s report for 2020, only 25 cases of honor killings were reported for 2019. Although this figure presents a rosy picture, the reality is far from it, as many of these cases are never even reported to the police.
On the other hand, in many states, due to the work of reformists like Vivekananda, Vidyasagar, Ramakrishna and Raja Ram Mohan Roy, the practice of honor killings ended long ago, as in the case of West Bengal. Therefore, as our nation presents a dichotomy in the case of honor killings and their prevalence, there is still a dire need to create awareness regarding the perpetration of honor crimes in India.
Therefore, as our nation presents a dichotomy, there is still a dire need to create awareness regarding the perpetration of honour crimes in India.
In Kowsalya vs State [2023 LiveLaw (Mad) 85], the Madras High Court permitted Kowsalya, the wife of Sankar who was hacked to death for marrying into a different caste, to conduct a meeting in his memory. On Sankar’s Second Death Anniversary, Kowsalya had created the Sankar Social Justice Trust for helping victims of honor killings and spreading awareness regarding inter-caste marriages in the society.
Is Honor Crime Considered to be the Crime it is?
In India, there are no specific legislations which define, prevent or decide the guilt of the perpetrator in honor crimes. Although there are no separate provisions dealing with honor crimes, the following provisions come into play while dealing with them in court.
Provisions in Criminal Law
Honor killings are considered to be a crime. Although there are no separate provisions for it, they are often reported under two categories namely, ‘culpable homicide’ and ‘murder.’ As honor killings contain both the elements of Mens Rea and Actus Reus, they amount to culpable homicide and murder.honor killings contain both the elements of mens rea and actus reus, they amount to culpable homicide and murder.
- Murder – It is reported under Section 302 of the Indian Penal Code (IPC) and dealt with in Section 300 of the Code.
- Culpable homicide – It is reported under Section 304 of the IPC. Culpable homicide not amounting to murder is dealt with in Section 299 and Section 301 of IPC.
Section 307 of IPC deals with the attempt to murder. ‘Attempt to murder,’ is also a punishable offence with a sentence of over 10 years and a fine.
If an individual aids or abets the commission of honor killings, then he too is liable of abetment to murder. Abetment to murder is also a punishable offence dealt with in Sections 107-111 of IPC. Similarly, Sections 34 and 35 of IPC also punish those persons who commit felonies with common intention.
Article 14 of the Constitution guarantees to every person the right to equality before the law or the equal protection of law. Since honor killings are generally directed towards women, or other marginalized communities, they discriminate against certain individuals and promote violence against certain communities.
If an individual aids or abets the commission of honor killings, then he too is liable of abetment to murder. Abetment to murder is also a punishable offence dealt with in Sections 107-111 of IPC. Similarly, Sections 34 and 35 of IPC also punish those persons who commit felonies with common intention which may be applicable even in the case of honor crimes.
In the recent case of Bhim Saini @ Bhimraj Saini vs State of Rajasthan with other connected matter [2022 LiveLaw (Raj) 184], the Rajasthan High Court denied bail to two culprits in a case ‘having a strong trait of honor killing.’ Here, the petitioner’s sister and the deceased had eloped although the girl’s family did not support the union. The couple was apprehended by the police and the girl was made to support the petitioner’s side. Upon the filing of a habeas corpus petition, the parties tried to settle the matter through compromise and the petition was withdrawn.
Soon, the boy went missing and after some days, his body was found lying in a pond tied to heavy iron metal. The court observed that the chain of events showed a well-developed conspiracy and the involvement of all individuals on record could be easily deduced.
Provisions in the Constitution
The Constitution of India allows all people living within the territory of India to express, practice and propagate his choice of religion, caste and gender, while protecting them from all the atrocities committed against them.
Article 14 of the Constitution guarantees to every person the right to equality before the law or the equal protection of law. Since honor killings are generally directed towards women, or other marginalized communities, they discriminate against certain individuals and promote violence against certain communities.
Article 15 of the Constitution provides that there shall be no discrimination by the state on the grounds of religion, race, caste, sex, or place of birth. If anyone is subjected to violence on these grounds, then it is the state’s duty to protect such individuals.
Article 19 of the Constitution guarantees to every person the right to freedom of speech and expression. When certain individuals, in this case mainly women, are not allowed to practice free speech and expression, it is an infringement of their right to freely speak and express themselves.
Article 21 of the Constitution protects every person’s life and personal liberty. Honor killings directly violate this right by posing a threat to the lives and liberties of the individuals they are directed at. Capital punishment can also be granted by the law in case of honor crimes.
India is a signatory to various legislations of International Law, therefore, as per Article 51 and 253 of the Indian Constitution, the nation has to ratify and observe the provisions of the signed treaties and conventions.
India ratified the International Covenant on Civil and Political Rights (ICCPR) in 1979. The ICCPR, in its Article 14, guarantees the right to equality to all individuals around the world. Since India has ratified the covenant, it has a moral obligation to ensure equal treatment of all individuals.
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has also been ratified by India. The Convention seeks to abolish all kinds of discriminatory activities against women, including honor killings. Article 2 of the Convention condemns discrimination against women in all of its forms and seeks to reinforce certain measures to prevent the same.
Provisions in International Law
India is a signatory to various legislations of International Law, therefore, as per Article 51 and 253 of the Indian Constitution, the nation has to ratify and observe the provisions of the signed treaties and conventions.
India ratified the International Covenant on Civil and Political Rights (ICCPR) in 1979. The ICCPR, in its Article 14, guarantees the right to equality to all individuals around the world. Since India has ratified the covenant, it has a legal and moral obligation to ensure equal treatment of all individuals.
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has also been ratified by India. The Convention seeks to abolish all kinds of discriminatory activities against women, including honor killings. Article 2 of the Convention condemns discrimination against women in all of its forms and seeks to reinforce certain measures to prevent the same.
Other Legislations
The Protection of Human Rights Act, 2006 as well as the Protection of Women from Domestic Violence Act, 2005 make provisions to protect the rights of human beings, in the latter specifically, the rights of women. Even the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 which deals with injustices and violence against Dalits and Adivasi groups, has provisions to deal with cases of honor crimes.
There are specific provisions in the Indian Evidence Act, 1872 to punish even those individuals who conceal or withhold facts, before, during or after the alleged crime. Section 13 of the Act deals with the relevant facts when the rights of an individual or the customs are in question.
Therefore, yes, honor killings are considered to be a crime and there are provisions in law to punish its commission. However, there still arises the need for a separate legislation to deal with the same. The legal cell of the All India Democratic Women’s Association in 2010 drafted a bill called the Prevention of Crimes in the Name of Honor and Tradition Bill in consultation with several women’s organizations, but this bill is yet to be passed.
Conclusion
Honor crimes must be recognized and punished for the atrocity they are. These acts are nothing short of a crime against humanity and must be treated as such. The propagators of honor crimes do not fear the law and try to take the law in their own hands. This calls for more stringent resolutions to govern the same. Moreover, the commission of honor crimes is also a blatant disrespect of the institutions that uphold and enforce the law. No individual or group of persons is above the law and must be punished for taking the law into his own hands.
References
https://clpr.org.in/blog/the-need-for-a-law-on-honor-crimes/ https://www.legalserviceindia.com/legal/article-2425-a-socio-legal-study-on-honor-killing-as-a-crime-in-india.html
https://www.legalserviceindia.com/legal/article-1014-honor-killing-in-india.html https://web.archive.org/web/20100412144515/http://www.hinduonnet.com/fline/fl2414/stories/20070727003103500.htm