INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS (ISSN 2582 - 6433) - VOLUME 2 ISSUE I (May 2021)
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INTERNATIONAL
JOURNAL FOR LEGAL
RESEARCH & ANALYSIS
(ISSN 2582 – 6433)
VOLUME 2 ISSUE I
(May 2021)
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editor@ijlra.com
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Volume 2 Issue I| May 2021 ISSN: 2582-6433
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EDITORIAL TEAM
EDITORS
Ms. Ezhiloviya S.P.
Nalsar Passout
Ms. Priya Singh
West Bengal National University of Juridical Science
Mr. Ritesh Kumar
Nalsar Passout
Mrs. Pooja Kothari
Practicing Advocate
Dr. Shweta Dhand
Assistant Professor
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ABOUT US
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2582-6433 welcomes contributions from all legal branches, as long as the
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Volume 2 Issue I| May 2021 ISSN: 2582-6433
A SOCIO-LEGAL STUDY OF HONOUR KILLING IN INDIA
By: Devaiah M M
ABSTRACT
Life is unpredictably unpredictable. Nobody knows what will happen in the next minute of their
lives. In this situation, every human being has the right and ability to live their lives according to
their own desires. No one shall be forced to live a life solely for the benefit and reputation of
others. Honour killing is the assassination of an individual, either a man or a woman, who
refuses to accept the family's marriage proposal or chooses to shift her marital life in her own
direction. In this research paper, I have shared about the honour killing in India. This type of
killing happens because of certain triggers which are also discussed with the role of law in
honour killing. No person can be left free if they violate the law and in such case this is a crime
violating many provisions set up for the protection of the citizen. This crime is similar to many
others, but it is distinct enough to be distinguished in the paper. When the husband is of low
social standing, it lowers the female family's status and caste, prompting the male family
members to murder the child. But they forget that the girl is their child, and while status can be
gained, the girl's life can never be replaced, and caste is not more valuable than the girl's life and
love spent with them.www.ijlra.com
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1. CHAPTER
1.1 Introduction
Honour killings date back to the Roman Empire, when the patriarch had the power to execute
someone in his family. Women accused of dishonourable acts such as adultery and extramarital
affairs were often killed in order to protect the family's integrity. It was considered a noble act to
assassinate an individual accused of bringing shame to the family. Dishonour associated with a
family was not taken lightly back then, and it is still not taken lightly now. Honour killing, also
known as shame killing, is an act of shame perpetrated against a family. It is a form of murder
when a person refuses to accept an arranged marriage, marries someone who is not accepted by
the family, or engages in an inter-caste or inter-religious marriage against their will. In India, this
type of killing is been carried over since many centuries. From the olden days this has become a
practice. It has become a common practice for our country. In India, mostly in places of Punjab,
Uttar Pradesh, Haryana and Rajasthan practice of honour killing is more. Due to the complex
socio-cultural problems the crime of honour killing is divulging more and more. This killing is
done to restore their honour which would be reduced due to the act of the young male/female.
Honour killing is a crime which has become predominantly equal to other rigorous crimes.
Culture is important for a family but still the young male/female that had been brought up by the
family since years are also to be considered by the family. Members of the family are not
accorded the same degree of significance as society and status. They consider society and
neighbors, as well as the accusations and news about the victim, and are compelled to commit
honour killings, but they do not seek redress to protect the victim. In our world, this has become
a widespread crime.
1.2 RESEARCH PROBLEM
Why does India lack a specific law or act to deal with honour killings? For example, in the Nitish
katara murder case (an incident of honour killing), the perpetrators of the act of honour killing
were sentenced to jail for a term of 25 years for the offence under section 302 of the IPC 1 and 5
years for offence under Section 201 of the IPC. There is a need to make honour killing a distinct
crime, which necessitates a separate law and compliance by the agencies. Why does a family's
pride or honour become more important than the lives of their loved ones?
1.3 EXISTING LEGAL SITUATION
1. Sections 299-304: Penalises any person guilty of murder and culpable homicide not
amounting to murder. The punishment for murder is life sentence or death and fine. The
1
Indian penal code 1860
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punishment for culpable homicide not amounting to murder is life imprisonment or
imprisonment for up to 10 years and fine.
2. Section 307: Penalises attempt to murder with imprisonment for up to 10 years and a
fine. If a person is hurt, the penalty can extend to life imprisonment.
3. Section 308: Penalises attempt to commit culpable homicide by imprisonment for up to 3
years or with fine or with both. If it causes hurt, the person shall be imprisoned for up to
7 years or fined or both.
4. Section 120A and B: Penalises any person who is a party to a criminal conspiracy.
5. Sections 107-116: Penalises persons for abetment of offences including murder and
culpable homicide.
6. Section 34 and 35: Penalises criminal acts done by several persons in furtherance of
common intention.
These are few laws but there are no separate provisions for penalties for committing honour
killing in India. Only under above sections the punishment for honour killing is provided in
India.
7. The Special Marriage Act, 1954 replaced the old Act III, 1872. The new enactment has 3
major objectives.
1.4 REVIEW OF LITERATURE
HONOUR KILLING IN INDIA 1R.PREETHI 1 Student,5 th Year, Bba.Bl(Hons),
Saveetha School Of Law, Saveetha Institute Of Medical And Technical Sciences,
Saveetha University, Chennai-77,Tamilnadu,India.
Life is unpredictable. No one knows the next minute of life. In such case, every human has the
right and wish to live the life up to their willingness. No person shall be compelled to live a life
for the benefit and name of others. Honour killing is killing a person, maybe a male or a female,
who does not accept the marriage arranged by the family or chooses to move her marital life as
per her or his wish just because it brings down the honour of the family. The supreme authority
of the family looks after the name of the family but forgets to think about the love and affection
shared with the member of the family. This type of killing happens because of certain triggers
which are also discussed with the role of law in honour killing. No person can be left free if they
violate the law and in such case this is a crime violating many provisions set up for the
protection of the citizen. Among many crimes, this crime forms similarity with many crimes but
yet is a different one which is also been differentiated in the paper. When the husband is of low
range, it eventually reduces the status and caste of the female family which induces the male
members of the family to kill the girl. But they forget that the girl is their child where status can
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be gained and but girl life can never come back and caste is not precious than the life and love
spent by the girl with them.
Critical study on honour killing by Saksham Sharma, a student of Himachal
Pradesh National Law Univesity, Shimla
In the traditionally male dominated society have always captivated human mind to think and act
within cultural boundary. The world is moving ahead yet our societies are reversing back to the
traditionally old mind set. It has hampered rational thinking while promoting violent acts, which
breach humanity. In our constitution various rights and duties have been provided to safeguard
the rights and status of the people. Besides all of the rights men are considered to be superior to
women, this superior nature is fatal for women most of the times. In most parts of the world
women are educated but they are still not empowered to stand for their own rights. In a society
with high morals, ethos and values, where the women are worshiped as goddess, some are
brutally killed on the name of honour. This rate of honour crime is increasing day by day. So
there is an argent need of an introspection of society, the legal measures available and need of
more effective remedies. This research paper deals with the issues and law dealing with honour
killing.
Inconsistent Death Sentencing in India, Abhinav chandrachud, Economic and
Political Weekly, Vol. 46, No. 30 (JULY 23-29, 2011), pp. 20-23 (4 pages)
The murder of Graham Staines and his two minor sons was no less "brutal" or "barbaric"
and no less of a "slur on the nation" than an honour killing. In both, the murderer sought
to interfere with the fundamental constitutional rights of his victims. Yet, the Supreme
Court advocated the death penalty in the honour killing case but only life imprisonment
in the Staines case. There are strong moral reasons for abolishing the death penalty
altogether. However, as long as it continues to exist on the statute books, it must be
applied in a constitutionally consistent manner, an approach which must accord equal
status to equal rights.
1.5 SCOPE AND OBJECTIVE
We will learn how to address the issue of honour killing and change people's minds as a result of
this research. We may also realise that inter-caste and inter-religion marriage are not crimes, and
that no one has the authority to kill another human. We will also discover that honour killing has
no honour, and that it does not embarrass a family if their children enjoy marriage.
1.6 METHODOLOGY
The current thesis discusses the inadequacy of current legislation surrounding honour killings. A
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primary source of data is information gathered by the individual themselves, while a secondary
source of data is information gathered from a source where someone else has already done the
analysis. Secondary data was needed for this research paper. The data used in the research paper
comes from books, online databases, and other research papers. Secondary sources were used to
generate ideas and material for the study. I did it by gathering information to the best of my
knowledge and sharing my concerns and ideas about the issue. This research is done through
internet sources, books, conventions and declarations on rights of women.
2. CHAPTER
2.1 IN HONOUR KILLING, THERE IS REALLY NO HONOUR.
Honour killing has no real meaning; the only benefit it brings to humanity is the embarrassment
it brings. Consider the case of Banaz Mahmood, a woman who married against her father's
wishes and yet became a victim of domestic violence by her husband. She was unable to divorce
her husband because their family believed that a daughter's divorce would bring shame to the
family's name. As a result, when she was 20, her family murdered her for being found guilty of a
crime she did not commit. Women bear the stigma of bringing shame on her family, which a man
is excused for, so that women are forced to submit to inhumane and unequal norms,
demonstrating gender discrimination.
Since time immemorial, certain societies that practice honour killing have had a very negative
perception of inter-caste and inter-religion marriages, to the point where a union of different
castes or religions brings utmost shame, worthy of being convicted of a crime with the only
penalty of death. The crime being shame as though, such acts bring disgrace to the reputation of
the family. However, in recent years, there has been many attempts for eradication of such
practices and a few has been successful, the Special Marriage Act 2, in this regard has aided in the
process of inter-caste and inter-religion marriage, overruling the taboo practice. . The
maintenance of a woman’s virginity and “sexual purity” are considered to be the responsibility of
male relatives—first her father and brothers and then her husband. Supreme Court of India, on
28th March 2018, passed a landmark judgment in . The maintenance of a woman’s virginity and
“sexual purity” are considered to be the responsibility of male relatives—first her father and
brothers and then her husband. Supreme Court of India, on 28th March 2018, passed a landmark
2
Special Marriage Act, 1954
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judgment in Shakti Vahini v. Union of India, which treats honour based violence as not only a
matter of criminal law, but also as contrary to adults’ fundamental right to exercise choice as
guaranteed under Article 21 and Article 19(1)(a) of the Constitution3, which protect the right to
a dignified life and freedom of expression respectively4, which treats honour based violence as
not only a matter of criminal law, but also as contrary to adults’ fundamental right to exercise
choice as guaranteed under Article 21 and Article 19(1)(a) of the Constitution5, which protect
the right to a dignified life and freedom of expression respectively 6. The decision stemmed from
a writ petition filed before the Supreme Court, which asked the court to direct the state and
central governments to take preventive measures to combat honour crimes, to submit a National
Plan of Action and a State Plan of Action, and to further direct the state governments to establish
refuges that targeted couples could approach. The petition was filed in response to a report
published by the petitioner under the auspices of the National Commission for Women, which
discovered a spate of honour killings in states such as Haryana and Uttar Pradesh, as well as an
increase in honour crimes.
The court in this case ruled that once two adult individuals agree to marry, the consent of the
family, community, or clan is not required. Furthermore, any communal body that commits or
attempts to commit a crime in the name of honour against such a couple will be prosecuted under
the Indian Penal Code. The court also established certain preventive, corrective, and punitive
measures that governments must implement in order to protect the individuals' rights. The
Supreme Court's suggested preventive measures include identifying districts where such crimes
are prevalent and heavily policing such areas, as well as prohibiting any communal meeting set
up to punish the vulnerable couple from taking place. Whenever a meeting is required for any
other reason, the police should be present, and the proceedings should be videotaped.
Sensitization of enforcement agencies and the establishment of institutional machinery for
stakeholder coordination were also proposed.
The Court has ordered the government to provide safe homes for couples who have fled honour
crimes, with protection for the couple continuing throughout the investigation of the alleged
crime. Furthermore, state governments are required to establish refuges with a 24-hour helpline
to receive and register such complaints, as well as to provide the couple with necessary
assistance/advice and protection. Under the SC/ST (Prevention of atrocities) Act 1989 7, the
police are bound to provide protection when they receive complaints of credible threats.
3
Right to Life and Personal Liberty article 21 and right to freedom speech and expression article 19(1)(a)
4
Shakti Vahini vs. Union of India case {2018}
5
Right to Life and Personal Liberty article 21 and right to freedom speech and expression article 19(1)(a)
6
Shakti Vahini vs. Union of India case {2018}
7
The Scheduled Castes and Schedules Tribes (prevention of atrocities )Act 1989
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2.2 THE IMPACTS OF HONOUR KILLING
Honour killing is not limited to a single gender. Men are also named as victims of honour killing.
It is not appropriate that the victim is a man or a woman; if they have violated or brought down
the name of the family, they will be killed by family members. Honor killing, on the other hand,
is not restricted to women. It also applies to men. When men break the rules, the women's or
men's families usually band together to kill him. Males play a larger role in the execution of
honour killings. In order to commit the crime, the male descendants of the family form a group to
kill the victim, especially if the victim is a girl. It makes no difference how close and loving they
were to the victim; if they crossed the limits of the family, they killed the victim.
In some cases, women are also involved in the commission of honour killings. They work
together with the male descendants to carry out the crime. They play a role in enforcing sexual
regulations and intend to kill the victim if the victim is her daughter. However, males are also
victims of the crime; however, females have been disproportionately affected because the
allegations and comments made by society are more stringent in the case of women, causing the
women's families to commit the crime.
In some cases, both the male and female would be killed without any regard for love. This is also
known as a merciless crime because the members of the family are killed without mercy.
3. CHAPTER
3.1 REASONS FOR HONOUR KILLING
1. Inter-caste marriage:
When a victim marries someone from a different caste, the caste of the party who seeks
their caste as their soul and more important than their family member suffers. In such a
case, the higher caste member would rather kill the victim than live by lowering their
caste. When the victim is of a lower caste, and the caste is the heart and soul of their
prestige, they do not care about the victim and would kill them despite the fact that they
are a member of their family. Not only do their family members suffer; the other party
with whom they wish to live suffers as well.
2. Allegations and rumors about family members:
The victim may be subjected to false accusations or gossip by neighbors or other
members of society. In that case, whether they knew the truth or not, the members of the
family would kill the member for the sake of status and prestige. According to them,
killing the victim adds prestige and status to the family.
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3. Rape victims:
In a society where women should be protected, they are raped. In that case, it is the
family's responsibility to accept such victims, but the family sees it as a shame and
believes the girl's life is over and she is completely useless to society and the family, and
thus she will be killed by them.
4. Refusal of an arranged marriage:
If a member of the family, whether male or female, refuses to accept the marriage
arranged by the family, they will be killed for the sake of the family's welfare. When a
family member refuses to accept a marriage arranged by the family, the family members
feel a sense of shame.
5. Homosexuality:
It has become natural for people of the same sex to fall in love. When a couple of the
same sex wants to live together, the family or society does not allow it, which leads to
more and more allegations and triggers the family members.
6. Seeking a divorce:
The victim of honour killing would be a married person who had divorced due to family
problems in their marriage. When a family member seeks divorce, it lowers the family's
reputation because they believe the victim would rather die than live, so they destroy the
individual themselves.
3.2 ANTI-HONOUR KILLING REMEDIES
Khap panchayats have taken to the streets to protect their anti-same-gotra marriage stance. They
want the Hindu Marriage Act of 1955 amended to make it illegal to marry people from the same
gotra. Although condemning honour killings, politicians like Naveen Jindal and Bhupinder Singh
Hooda have expressed support for the khap panchayats' demands.
The need for education to raise awareness among traditional communities.
Holding khap panchayats collectively responsible can be harmful to members who
oppose such killing. It could also be abused for vindictive purposes.
The existing penalty for murder is sufficient if strictly and effectively implemented.
A new set of laws would not deter honour killings because the fundamental issue is social
sanction for acts committed to prevent same gotra marriage, inter-caste marriage, and
inter-religion marriage.
Making honour killing a separate crime would provide more clarity for law enforcement
agencies.
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One of the suggestions is to change the Indian Evidence Act so that the accused bears the
burden of proof. As a result, it will be up to the khap panchayat or family members to
prove their innocence.
Under the proposed new law, there would be joint liability. The khap panchayat (or any
other group that orders honour killings) and the person who carries out the killing would
both face punishment.
4. CHAPTER
THEORIES RELATED TO HONOUR KILLING
1. Psychological Theories:
The psychodynamic viewpoint is primarily based on Sigmund Freud's revolutionary theories.
The content of this paper does not provide for a thorough examination of Sigmund Freud's
psychoanalysis theory. It is sufficient to state that Sigmund Freud believed that human behavior,
including violence, was the result of "unconscious" powers acting within a person's mind. Freud
also believed that early childhood experiences had a significant influence on teenage and adult
behavior. Sigmund Freud, for example, believed that tensions that arise at different phases of
psychosexual development could have an effect on an individual's capacity to function properly
as an adult (Bartol, 2002). Aggression, according to Freud, is a primitive (id-based) human
instinct that is suppressed in well-adjusted individuals who have had a normal childhood.
However, if the violent instinct is not regulated or repressed to an unusual degree, any hostility
can “leak out” of the unconscious and an individual may participate in spontaneous acts of
violence. This is referred to as "displaced violence" by Freud.
2. Cognitive theories:
Cognitive theorists study how individuals understand their social surroundings and strive to
solve problems. The most closely connected division of cognitive science with the study of
crime and conflict is the moral and intellectual growth view. Piaget (1932), for example, was
one of the first psychologists to argue that people's cognitive skills evolve in a rational and
ordered manner. He contended that during the first stage of development (the sensor-motor
stage), children adapt to their social environment in a straightforward manner by concentrating
their attention on fascinating items and honing their motor skills. Children have matured into
mature adults capable of complex logic and abstract thought through the final stage of
development (the formal operations stage).
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3. Behavioral Theories:
All human behavior, including aggressive behaviour, is taught through contact with the social
world, according to behaviour theory. People are not born with a violent temperament,
according to behaviorists. Rather, as a result of their daily lives, they learn to think and act
aggressively (Bandura, 1977). Observing friends or family members being praised for abusive
behaviour, or even are witnessing the glorification of abuse in the mainstream, according to
supporters of the behaviourist tradition. Studies of family life, for example, find that abusive
children often imitate their parents' violent conduct. People who live in violent societies often
learn to model their neighbor’s abusive behaviour, according to studies.
4. Strain theory:
Robert K. Merton founded the strain hypothesis in 1938 as a sociology and criminology theory.
According to the hypothesis, people are pressured by society to pursue socially acceptable
expectations (such as the American dream), even though they lack the resources to do so. This
causes stress, which can lead to individuals committing offences, such as trafficking drugs or
engaging in prostitution, in order to achieve financial stability. This hypothesis is inextricably
linked to honour killing and family pressure for an arranged marriage leads to children
committing suicide or other crimes.
5. CHAPTER
CONCLUSION
If a family member is unhappy with the young men's or women's marriage, the most they can do
is break off their social interaction with them, and honour killing does not bring honour to the
family. However, the family members are unaware of this reality. Since life is a development of
God, he should have the final say on who lives and who dies. Where a god has taken a human
into the world, it is in his possession to take them out. Family is significant, but killing a
member of the family is not. It is really safe to prevent honour killings because it is the couple's
life that is being determined, because it is in their hands to remain together or divorce. No one
has the authority to steal another's life or liberty. Since the next moment in life is unpredictable,
it is therefore best to enjoy life to the fullest of joy and satisfaction. As a result, it is preferable
to adopt the Live and Let Live strategy.
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6. CHAPTER
BIBLIOGRAPHY
BOOKS
1. P.J. Fritzgerald, Salmond on Jurisprudence, 220 (12th ed. 2004)
2. Ghurey, G.S., Caste and Class in India, The Popular Book Depot, Bombay, 1950.
3. Thapar, R., From Lineage to State: Social Formations in the Mid-First Millennium B.C.
in the Ganga Valley, Delhi: Oxford University Press, 1992. 26.
4. Blunt, E.A.H., The Caste System of Northern India with Special reference to the United
Province of Agra and Oudh, S. Chand and Company, Delhi, 1960.
WEBSITES
1. https://racolblegal.com/critical-study-on-honour-killing/
2. https://www.prsindia.org/theprsblog/honour-killings-are-we-prepared-tackle-problem
3. https://www.quora.com/What-are-the-laws-against-honour-killings-in-India
4. Anon, Killing for so called Honour, htpp://indiansawal.com/tag/honour- killing/(Nov.30,
2001)
5. Ravi Kant, Honor killing and the need for new legislation, Law Resource India,
http://indialawyers.wordpress.com/2010/07/03/honour-killings-andthe-need-for-new-
legislation/(Dec. 1, 2010)
JOURNALS
1. Smita Gupta, GoM to look into Honour Killings, (Nov. 6th, 2010), http:/www.thehindu.
com/news/national/article.
2. CHANDRACHUD, ABHINAV. “Inconsistent Death Sentencing in India.” Economic and
Political Weekly, vol. 46, no. 30, 2011, pp. 20–23. JSTOR,
www.jstor.org/stable/23018001
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