Author: Ritika Singh ; College: Jaipur National University
To The Point
Honour killing is the act of murdering a family member, typically a woman for allegedly bringing dishonour to the family. In India , it is deeply rooted in patriarchal norms, caste rigidity and social pressure. Most honour killings are linked to inter caste, inter religious or same gotra marriages, which challenges traditional societal structures. Honour (izzat) in India is not merely a personal attribute but a collective social marker. The collective honour of a family or community is perceived to be tarnished by individual actions, especially of women. This social construction of honour frequently manifests in violent reactions to perceived transgressions ranging from social ostracism to brutal killings. While the Indian Constitution guarantees individual rights under Article 14(Right to Equality) and Article 21 (Right to Life and Personal Liberty), society’s unwritten codes of honour often come to conflict with these rights. Despite being unconstitutional and illegal, honour killings continue to occur, exposing the gap between legal protections and societal attitudes.
Abstract
Honour killing, a brutal form of extrajudicial punishment, represents one of the most extreme manifestations of patriarchal control and caste bases oppression in Indian society. These crimes are typically committed by family members or community elders who believe that a person’s actions- most often a woman’s decision to marry outside her caste, religion or their actions,taken without the family’s approval were perceived as shaming family or community. Despite the steady advancement of constitutional protections and gender equality norms, honour killings persist in both urban and rural contexts, exposing a stark disconnection between India’s legal framework and entrenchment socio-cultural practices. This article aims to critically examine honour killings from both legal and social standpoints, evaluating how India’s constitutional guarantees, statutory protections and judicial interventions have addressed this issue. While the Indian Penal Code 1860 prescribes punishment for murder, it lacks a specific provision addressing honour killings, thereby failing to recognise the unique socio-psychological and collective nature of these crimes. The article analyses landmark judicial pronouncement -such as Shakti Vahini v. Union of India and Lata Singh v State of Uttar Pradesh- that reinforce the fundamental rights of individuals to choose their life partners under Article 21 of the Constitution and condemn interference by Khap Panchayat and families.
Socially honour killings are fuelled by deep rooted beliefs in caste purity, male dominance and community reputation, often the tacit support from local power structure. Women’s bodies and choices are seen as carriers of family honour, resulting in gendered violence that is often under reported or inadequately prosecuted. Honour killings are not merely criminal acts but systematic violation of human rights, demanding urgent legal reforms and sociological introspection. To eliminate the harmful concept of honour that justifies traditional violence, both strict laws and evolving societal attitudes are essential.
Use of Legal Jargon
Honour killing presents a serious challenges to the constitutional and criminal law framework in India. . Despite the absence of a sui generis provision in the IPC, 1860 to address honour crimes , particularly Section 302 criminalize murder without distinction; however honour killings are often collective, premeditated crimes involving famililial or community complicity which stains the traditional “ mens rea” and “actus reus” framework. The doctrine of common intention under section 34 of IPC and criminal conspiracy under section 120B becomes essential in prosecuting group based honour crimes. The phenomenon of honour killing in India constitutes a gross violation of fundamental rights, notably Article 14( Right to Equality), Article 15 ( Prohibition of Discrimination) and Article 21 ( Right to Life and Personal Liberty). These extrajudicial executions, often perpetrated by close kin or with the endorsement of caste based extralegal bodies such as Knap Panchayat, directly contravene the constitutional morality upheld by the Supreme Court in cases such as Shakti Vahini v. Union of India. The legal concept of consent also plays a pivotal role,especially in cases involving adult couples entering into marriage. Judicial interpretation in cases such as Lata Singh v State of UP reaffirms that marriage between consenting adults cannot be invalidated on the basis of caste, religion or community norms. Writ jurisdiction under Article 226 is frequently invoked for police protection, reinforcing the positive obligations of the state to uphold fundamental rights. Despite these safeguards, the absence of specific legislation addressing honour crimes has led to doctrinal ambiguity. Existing legal remedies though applicable, lack the nuance to tackle crimes driven by “ family honour”, thereby necessitating a re examination of statutory provisions and the potential for a codified framework that explicitly defines and penalizes honour killings in a manner consistent with India’s constitutional morality.
The Proof
Data from the National Crime Report Bureau (NCRB) consistently show multiple murders every year categorize under “ love affairs” and “ family disputes”. Although the NCRB does not maintain a separate statistical category for honour killings, legal scholars and right based NGOs have observed that a significant portion of these cases are motivated by honour related issues such as inter caste or inter religious relationship or elopements against family wishes. The absence of detailed statistics on honour killings hinders efforts to understand their actual prevalence, effectively rendering the problem less visible.
The Law Commission of India in its 242nd report (2012) which focused on preventing interference in marital choice due to honour and tradition, classifying honour killing as distinct violence act . It noted that these are not merely murders but often collective crimes involving family elders, caste panchayat ( especially Knap Panchayat) and even the wider community with planned conspiracies and social sanctions. The commission emphasized that existing laws under the Indian Penal Code are inadequate to deal with the specific nature, scale and organized aspect of honour based crimes and hence proposed a special standard law.
International bodies have echoed these concerns. The United Nation Special Rapporteurs and human rights have consistently highlighted the systematic failure of Indian legal and administrative system to prevent honour killings. These reports point out week law enforcement in rural areas, poor witness protection, pressure from community networks and reluctance of police to registered FIRs due to social and political influence.
Additionally, several landmark cases in Indian courts have acknowledged the prevalence and brutality of honour killing. Despite these legal recognitions, the absence of a central law that specifically addresses honour killings continues to limit effective prosecution. There is also a lack of training and sensitization of law enforcement agencies, which results in under reported and misclassification of such cases. Moreover, social stigma, fear of retaliation and community pressure often deter victims’ families from seeking justice.
Case Laws
1) Shakti Vahini v. Union of India
Facts: NGO Shakti Vahini files a PIL seeking directions to prevent honour killings and protect couples who marry inter caste and inter faith, especially in the face of Khap Panchayat threats.
Judgement: the Supreme Court strongly condemned honour killings and declared that “ honour killings guised as tradition are nothing but barbaric and illegal”. The court issued preventive, remedial and punitive guidelines for state governments and police authorities:
set up safe houses for vulnerable couples.
Establish district level special cells for assistance
ensure swift police protection and action against knap panchayat or community assemblies issuing threats.
Fast track court procedures and ensure victim/ witness protection.
2) Sujit Kumar v. State of Haryana
Facts : A man and woman belonging to different castes married against family wishes. The girl’s family abducted and murdered both of them.
Judgement: The primary defendant was sentenced to death by the court . It called the act a “ rarest of rare case” and stated that society cannot tolerate such inhuman and feudal acts in a constitutional democracy. The judgement emphasized that “ the Constitution of India does not recognize collective killing by self styled panchayats or family members”.
3) Lata Singh v. State of Uttar Pradesh
Facts: Lata singh, a woman of upper caste married a man from a lower caste. Her brother violently attacked her husband’s family.
Judgement: the court held that inter caste marriages are legal and socially desirable in a modern, democratic society. Strongly condemned the family’s action and directed authorities to provide protection to the couple.
Conclusion
Honour killing remains a grim reality in parts of India, reflecting deep rooted patriarchy, casteism and resistance to individual autonomy. Despite India’s progressive constitutional values that uphold liberty, equality and personal freedom, societal norms in certain regions continues to sanction violence against individuals- particularly women- for exercising their right to choose a partner. These killings are not mere private disputes but acts of collective, socially sanctioned violence often involving families, communities and illegal local bodies like Knap Panchayats.
To combat honour killings effectively, India needs a multi pronged approach- including a stand alone law, sensitization of police and judiciary, better protection for at risk couples and strong societal awareness campaigns to dismantle regressive caste and gender norms. Until the honour of a family ceases to be tied to control over women’s choices, true justice and equality will remain elusive. Thus, while the legal system has made strides, true reforms requires both legal and cultural transformation. Honour killings are not just crimes- they are a direct attack on the very idea of a free and democratic India.
FAQS
Q1. Is there a specific law for honour killing in India?
No, there is no separate law. Offenders are prosecuted under general provisions of the IPC like section 302 (murder). However, the Law Commission has recommended a special law.
Q2. What role do Khap panchayats play in honour killings?
Knap Panchayat often promotes and justify honour killings, especially in rural northyern India, by opposing inter-caste or same gotra marriages.
Q3. Can couples facing threats seek legal protection?
Yes, couples can files a write petition in the High Court under Article 226 to seek police protection.
Q4. Are honour killings only committed by family members?
Mostly yes, but in some cases, community members or hired attackers act with family or Knap panchayat.
Q5) How can honour killings be prevented?
Through a combination of legal enforcement, public awareness, education and breaking caste based pre judicices.
