Author: Radhika Menon, The Kerala Law Academy Law College, Trivandrum
Linkedin Profile: https://www.linkedin.com/in/radhika-menon-3237a7267?utm_source=share&utm_campaign=share_via&utm_content=profile&utm_medium=android_app
To the Point
Through the prism of both domestic and international legal frameworks, this article critically analyses honor killings in India. It evaluates statutory gaps, examines how patriarchal traditions conflict with fundamental rights, and emphasizes the necessity of specialized legislation to effectively combat crimes related to honor. In the name of family reputation, honor killing a terrible reality with roots in patriarchal traditions continues to take lives. Even though these crimes are punishable by homicide laws, they are frequently underreported or go unpunished in India due to a lack of specific legislation. The legal treatment of honor killings in India, difficulties in prosecuting them, and the pressing need for reforms under the Bharatiya Nyaya Sanhita (BNS), 2023 are all covered in this article.
Use of Legal Jargon
A variety of legal terms that are necessary to comprehend the complexities of honor killings are used in the article. A foundational framework is provided by concepts like culpable homicide, gender-based violence, intercaste marriage, human rights violations, customary practices, penal liability, constitutional protections, international instruments, jurisprudence, special marriage jurisdiction, and gender-based violence. Additionally, analyzing the legal nature and prosecution of honor killings requires a thorough understanding of fundamental criminal law concepts such as mens rea (guilty mind), actus reus (guilty act), culpable homicide, abetment, criminal conspiracy, and customary offences. In addition to the implementation of Article 21 (Right to Life and Personal Liberty) and Article 15 (Prohibition of Discrimination) of the Indian Constitution, Khap Panchayats’ role in upholding extrajudicial enforcement of social norms is crucial in placing the socio-legal aspects of
The Proof
The National Crime Records Bureau (NCRB) claims that information regarding honor killings is still not consistently reported. However, according to estimates from a number of human rights organizations, hundreds of these incidents take place every year, especially in northern India’s rural areas, such as Punjab, Uttar Pradesh, Rajasthan, and Haryana. In order to avoid legal attention, these murders are usually covered up as suicides or unintentional deaths and are primarily connected to relationships between castes or religions.
Abstract
Honor killings, which typically target women, are a ruthless expression of patriarchal domination that aims to stifle individual freedom and autonomy. Effective justice is still hampered by the lack of a specific legal framework addressing honor crimes, even though murder is illegal under both the Indian Penal Code and the recently passed Bharatiya Nyaya Sanhita. The fundamental rights guaranteed by Articles 14, 15, 19, and 21 of the Indian Constitution are flagrantly violated by these murders, which are motivated by casteist ideas of family honor and gender-based violence. Additionally, they violate important international agreements like the UDHR and CEDAW. This article highlights the shortcomings in the current legal provisions, assesses pertinent judicial precedents, critically examines the socio-legal aspects of honor killings in India, and suggests extensive legislative and policy reforms, including the enactment of a dedicated law to address honour-based violence.
Case Laws
1. Shakti Vahini v. Union of India (2018) 7 SCC 192
The Supreme Court took serious notice of honor killings and the unlawful operations of Khap Panchayats in this historic ruling. The Court unequivocally ruled that it is unlawful and a violation of constitutional rights for community assemblies to meddle in marital affairs, especially when the marriage is between consenting adults. The right to life and personal liberty, which includes the freedom to select one’s life partner, were reaffirmed as fundamental rights under Article 21.
The legal basis for defending individual liberty against societal pressures was greatly reinforced by this case.
2. Lata Singh v. State of U.P., (2006) 5 SCC 475
The Supreme Court defended the right of an adult woman to marry whoever she wanted, stressing that marriage is a form of personal liberty under Article 21. The Court said that inter-caste and inter-religious marriages are not illegal and not immoral, and any threat of harm from family members or community members stopping a marriage is a criminal offence. The Court ordered the police and the administration to protect a couple who entered inter-caste or inter-faith marriages, and that anyone who engage in honour crimes should be made to face the strongest legal penalty.
3. Arumugam Servai v. State of Tamil Nadu, (2011) 6 SCC 405
The Supreme Court, as part of the judgment, categorically condemned the Khap Panchayats for advocating extra-legal social codes that result in honour killings-which the Court called “barbaric and feudal practices” in a modern constitutional democracy.
The Court admonished that no one has the authority to interfere in the personal and private affairs of two consenting adults. The Court urged the State machinery to take strong actions against any forms of interference by the Khaps in marital decisions. This urging clearly emphasized the need for State machinery to act upon its constitutional duty to respect and uphold the dignity of any individual and their freedom to choose.
4. Asha Ranjan v. State of Bihar (2017) 4 SCC 397
While not necessarily a case of honour killing, the judgment being discussed has a significant impact on personal liberty, dignity, and the autonomy of people in personal relationships in the context of Indian jurisprudence. This is because the Court had indicated that even family expectations that impinge on an individual’s right to choose a partner can violate Articles 19 and 21. The Supreme Court has established that the right to life also includes the right to love and relationships of a person’s choosing, which are part of the dignity of that individual. The precedent established is a powerful constitutional framework in which honour killings can be legally challenged and penalized.
5. Francis Coralie Mullin v. Administrator, Union Territory of Delhi (AIR 1981 SC 746):
The case established the conceptual foundation for Article 21 by expanding the meaning of “life” from mere subsistence of an animal to encompass the right to live a life of human dignity. The judgment is essential to our understanding of personal liberty and dignity in the Indian constitutional experience, despite its lack of a direct nexus to honour killings.
The Court interpreted the right to life as encompassing a right to privacy, dignity and autonomy, all of which are commonly denied in honour killing scenarios. If Article 21 is read in a manner consistent with progressive interpretation, it will allow courts to treat honour killings as gross violations of the right to life and personal liberty.
Conclusion
Honour killings are not crimes of emotion but of power and societal coercion. Despite existing provisions under the Indian Penal Code (and now the Bharatiya Nyaya Sanhita, 2023), the lack of specific laws acknowledging the motive and societal nature of these killings results in poor conviction rates. Judicial activism has partially bridged the gap, but legislative clarity is urgently needed. India must enact a separate law against honour crimes, provide protection to vulnerable individuals, and hold not just the killers but also community influencers like khap panchayats accountable.
FAQS
Q1: Is honour killing specifically defined under Indian law?
Ans: Honour killing is not defined under Indian law specifically. It is charged as murder under Section 302 IPC or murder under Section 101 of BNS, which has no regard for the motive for the killing. Therefore, honour killing is treated as any other murder without regard to the socio-cultural context, making it exceedingly difficult to create the desired targeted legislative control over the offence.
Q2: Are khap panchayats illegal?
Ans: Khap Panchayats are not illegal in themselves but any orders that endorse violence, caste discrimination and honour killings are unconstitutional and illegal. Such decisions contravene fundamental rights and may incur liability for action under the law.
Q3: What protection does the Constitution offer against honour killings?
Ans: The Constitution protects against honour killing through Articles 14, 15, and 21, all of which ensure right to equality, non-discrimination, and right to life and personal liberty which are all offended through the commission of honour killing.
Q4: What legal reforms are suggested?
Ans: Possible reforms are standalone laws for honour killing, strict punishment against collective offenders, special investigation units set up to investigate honour killings, and restrictions on witness disclosures in order to more efficiently protect individuals from honour killing in the future as well as prosecute their perpetrator.
Q5: Can a couple in a love marriage seek legal protection?
Ans: Yes, couples can seek protection under Article 21 in the case of love marriages. They may approach police or the courts when they feel threatened, the law is in place to safeguard their right to marry in a way of their own choosing and have conductive space free from threat.
