This article has been written by Ms. Muskan Chugh, a student studying Ll.B. from Department of Laws, Panjab University, Chandigarh. The author is a 2nd year law student.
Meaning
Killing in simple terms means taking away of someone’s life. It is divided into various names depending upon the circumstances and facts like murder, culpable homicide etc.
Honour refers to the pride.
Now, Honour killing refers to killing/murdering or forced suicide of someone by own family members or clan because the latter thinks that the former has brought up shame to the family name and has no right to live.
Reasons for Honour killing
There are a number of reasons for Honour killing but the first and foremost reason is marrying intercaste or against the wishes of the parents. Some of the other reasons are –
• choosing career against the wishes of family
• divorce from spouse
• adultery
• rape victim
These are some of the common reasons for Honour killing but it does not mean that it can’t happen beyond this reason because the basic motive or intention behind honour killing is to kill that person because he/she has caused humiliation to the family in the society.
Does Honour killing hits Constitution of India?
Honour killing does hits the Constitution of India. It violates the basic structure doctrine of Indian Constitution, i.e, Article 21.
Article 21 of the Indian Constitution states that no person shall be deprived of his life or personal liberty except according to procedure established by law. This is available to every citizen and non citizen of India.
Marrying a person of one’s own choice is a basic fundamental right which comes under Right to life and liberty and cannot be compromised with. The right to freely marry any person is given to every person irrespective of the fact if they are citizens of India or not.
IPC
There is no specific section in the Indian Penal Code,1860 which provides for honour killing or its punishment but it is interpreted from various sections and the punishment is given according the merits of the case. Some of them could be criminal conspiracy (sec 120A, IPC), murder (Sec 300 of Indian Penal Code,1860) , abetment to murder (Sec 108, IPC) etc.
Honour killing and its punishment is mainly interpreted by the judiciary in form of cases-
Case laws
- Bhagwan Das v state of Delhi , 2011
The Hon’ble Court in this case held that there is nothing ‘honourable’ in ‘honour’ killings, and they are nothing but barbaric and brutal murders by bigoted, persons with feudal minds. In our opinion honour killings, for whatever reason, come within the category of rarest of rare cases deserving death punishment. It is time to stamp out these barbaric, feudal practices which are a slur on our nation. This is necessary as a deterrent for such outrageous, uncivilized behaviour. All persons who are planning to perpetrate ‘honour’ killings should know that the gallows await them.
The court has strictly bashed such a wrong practice of honour killing and has declared it to be a rarest of rare case in which capital punishment can be given.
- Shakti Vahini v UOI, 2017
It was a writ petition in the Supreme Court by an NGO Shakti who seeked direction from the court for all the khap panchayats and police officers to curb the honour killing.
The judgement said that the khap panchayats are not allowed to take law in their hands and pass any such order which may help in abetment of honour killing.
Police officers were supposed to be present during the proceedings of khap panchayats to ensure that law and order are maintained.
It further mentioned that the cases of honour killing will have trials in fast track courts earmarked for that purpose. And this shall apply to the pending cases as well.
- Shafin Jahan v Ashokan K.M , 2018
The Hon’ble Supreme Court in this case held that every person has the right to choose the person which whom one wants to marry. No has the right to question their choice.
Supreme Court upheld the Article 21 of Constitution of India which states that no person shall be deprived of his personal life or liberty except by the procedure established by the law.
Right to life and liberty includes the liberty to marry the person of one’s own choice and it brings no humiliation to the family that the family has to take such a huge step as honour killing.
- Laxmibai chandaragi B V state of Karnataka, 2021
The Hon’ble Court in this case held that it is not important for two individuals to take permission from the society/clan if they are have their consent to the marriage. The concept of pride of family is exclusive of the choice of individual to marry. They have the right to marry the person of their choice under Article 21 of the Constitution of India.
Conclusion
It can be concluded that the act of Honour killing which is done for the honour/dignity of the family, ironically is the shameful conduct of humans. The judiciary and legislation does not support this and try to curb this menace by some measures.
References
Indian Penal Code, 1860
PSA Pillai’s Criminal Law, 14th edition
Constitution of India, 1950
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