Reforms for Combating Honour Killings | 17 Jan 2025

Source: HT 

Why in News?

In an honour killing case in Madhya Pradesh, a girl was shot dead by her family for wanting to marry someone of her choice, against their wishes. 

What is Honour Killing? 

• About: Honour killing is the murder of a family member, typically a woman, by relatives or community members in response to perceived dishonor or shame brought to the family.  
  • These acts are often rooted in strict cultural, social, and religious norms regarding family honor, morality, and social behavior. 
  • The concept of honor is often tied to women's behavior regarding issues like marriage, relationships, sexuality, and modesty. 
• Key Statistics: As per the National Crime Records Bureau data (NCRB), the number of honour killings reported in India was 25 each in 2019 and 2020, and 33 in 2021. But these figures could be much higher than mentioned. 
• Causes:  
  • Caste System: Fear of losing caste status drives violence, especially against inter-caste or same gotra marriages. 
  • Patriarchal Norms: Women's right to choose a partner is often denied, with marriage seen as a family honour transaction. 
  • Caste Panchayats: These informal bodies, controlled by dominant caste males, impose punishments, including killings, for violating caste norms. E.g., Khap Panchayats. 
  • Gender Imbalance: Skewed sex ratios lead to violence against women, especially when marriage choices defy traditional norms. 
  • Social Status: Ascribed social status is prioritized over personal achievements, causing family honour to override personal choice. 
• Consequences: 
  • Violation of Human Rights: It is a blatant violation of the fundamental human right to life. It perpetuates gender inequality, reinforcing patriarchal norms. 
  • Social Impact: Surviving families and communities suffer deep psychological trauma and long-term mental health issues. 
  • Governance Challenges: Weak legal frameworks or societal acceptance result in perpetrators evading justice, undermining the rule of law. 
  • Cultural Backwardness: It prevents women’s education and employment, reinforcing regressive traditions and hindering progress. 
  • International Repercussions: Honor-based violence draws global human rights scrutiny, impacting diplomatic relations.

What are Legal Provisions to Check Honour Killing? 

• Sections 299-304 of IPC (Now BNS): Penalises any person guilty of murder and culpable homicide not amounting to murder. 
  • Murder and culpable homicide can result in life imprisonment or death. 
  • Culpable Homicide is causing death with criminal intent or negligence. 
• Section 307 of IPC: Penalises attempt to murder with imprisonment for up to 10 years and a fine. 
  • Section 308 of IPC penalises attempt to commit culpable homicide by imprisonment for up to 3 years or with fine or with both. 
• Section 34 and 35 of IPC: Penalises criminal acts done by several persons in furtherance of common intention. 

What is the Judicial Stand on Honour Killing? 

• Lata Singh vs State Of UP Case, 2006: The Supreme Court (SC) condemned the harassment and violence faced by young couples in inter-caste marriages, calling honour killings barbaric and stressing harsh penalties for perpetrators. 
• State Of U.P vs Krishna Master Case, 2010: SC held the perpetrators of an honour killing accountable and sentenced them to life imprisonment.  
  • SC stressed the importance of accountability for heinous crimes. 
• Arumugam Servai vs. State Of Tamil Nadu Case, 2011: SC clarified that parents can sever ties but cannot intimidate or harass children for inter-caste marriages.  
  • SC directed the government to provide legal protections for inter-caste couples and take action to prevent harassment or violence. 
• Shakti Vahini Case, 2018: SC ruled that honor killings are a violation of fundamental rights and emphasized the need for strict action against such crimes.    
  • SC directed State Governments to prevent honour killings by setting up special cells and protecting couples facing family threats. 

Way Forward 

• New Legislation: A dedicated anti honour killing law is needed to provide targeted protection, ensure accountability, standardize legal procedures, align with international human rights standards, and promote societal change.  
• Electoral Disqualification: Convicts of honour killings should be barred from elections for at least five years, sending a strong message that such individuals should not hold power, thereby reducing the practice's social legitimacy. 
  • It will check caste-community based panchayats and prevent justification of such honour killing orders and acts. 
• Fast Track Courts: Specialized fast-track courts for honour killings should be set up to ensure swift justice, preventing delays that undermine victims' rights. 
• Amendment to Special Marriage Act, 1954: Amend the Special Marriage Act, 1954 to shorten the registration period from one month to one week, protecting couples from potential threats or violence. 
  • Introduce a provision in the IPC defining honour killing and specifying punishments, helping the legal system address and deter such crimes.