Author : Urmi Dnyandeo Sawant , Adv Balasaheb Apte College Of Law
To the Point
“Honor killing” or “honour killing” in Commonwealth English is a brutal act of murder. The notion that there is “honor” in taking a life is a cruel paradox, one that continues to plague Indian society in the form of honor killings. Movies like Sairat and Dhadak have brought the brutal reality of this practice to the forefront, exposing a deep-seated societal issue where the perceived “honor” and “respect” of parents and their community are tragically linked to a girl’s behavior and choices.
In a shocking and brutal incident that ripped through the quiet lanes of Botad district, Gujarat, a 21-year-old man, Janak Kotar, was mercilessly beaten to death. His “crime”? Daring to love a woman whose family disapproved of their relationship due to caste differences. This isn’t just a tragic love story; it’s the latest chilling reminder that in modern India, the notion of “honor” continues to fuel unspeakable violence, reducing human lives to mere pawns in a twisted game of social hierarchy and control.
Abstract
In many communities, a “good girl” is defined by her unquestioning obedience to parents, her adherence to traditional norms, and her avoidance of relationships outside of marriage. Any deviation from this narrow path – particularly a girl’s independent decision about her life partner – is often seen as an unforgivable transgression. When a young woman chooses to forge her own path, she is often branded “bad,” leading her family to believe they have lost face in society. In a desperate and misguided attempt to reclaim this perceived lost honor, some parents resort to the ultimate act of violence: the murder of their own daughter or her chosen partner.
The roots of honor killings are deeply embedded in patriarchal societal structures and cultural norms that predate modern nation-states. Historically, in many communities across various parts of the world, including the Indian subcontinent, a woman’s “purity” and sexuality were considered integral to the family’s honor (izzat) and social standing. Any perceived transgression, such as choosing a partner outside accepted caste or religious boundaries, engaging in pre-marital relationships, or even being a victim of sexual assault, was seen as bringing indelible shame upon the family. This perceived dishonor often led to severe community sanctions, ostracism, and in the most extreme cases, the collective decision by family elders or ‘khap panchayats’ (caste councils) to decide who one can or cannot marry and sometimes issuing orders that lead to murder thereby restoring the honor.
Use of Legal Jargon
A significant challenge in combating honor killings is the absence of a specific, standalone law to address them. Instead, these heinous crimes are prosecuted under the broader framework of murder within the Indian Penal Code, now the Bharatiya Nyaya Sanhita (BNS).
Section 61 – Criminal Conspiracy: This section targets individuals involved in planning such crimes. It criminalizes agreements between two or more individuals to commit an unlawful act. Given that honor killings are frequently the result of meticulous planning by multiple family members aiming to safeguard their self-proclaimed “honor,” Section 61 becomes highly pertinent. All individuals involved in the conspiracy, whether they directly participate in the killing or merely provide assistance in its planning or support, can be held criminally liable. The punishment for criminal conspiracy under this section can extend to imprisonment up to six months, a fine, or both. This provision allows for the prosecution of not just the direct perpetrators but also those who instigate or facilitate the crime.
Section 103 – Punishment for Murder: Honor killings are unequivocally acts of intentional and premeditated murder, carried out with clear malicious intent. As such, they fall squarely under Section 103 of the BNS, which provides for either the death penalty or life imprisonment. The specific punishment is determined based on the gravity and unique circumstances of the offense. This section ensures that those who commit honor killings face the harshest penalties under Indian law, reflecting the severity of their crime.
Section 109 – Attempt to Murder: Not all acts of honor violence result in death. In cases where the intention was to cause death, but the victim survives, or the act falls short of completed murder, Section 109 BNS becomes applicable. This section deals with attempts to commit murder, ensuring that severe punitive action is taken even when the ultimate fatal outcome is averted.
Section 351 – Criminal Intimidation: Before resorting to physical violence, families often employ threats and coercion to control the choices of individuals, particularly young women. Section 351 BNS addresses criminal intimidation, making it an offense to threaten another with injury to their person, reputation, or property, or to the person or reputation of anyone in whom they are interested. This section is vital in prosecuting the preliminary psychological and emotional abuse often preceding honor violence
The proof
Even 78 years after India gained independence, honor killing persists, tragically becoming a deeply entrenched, “tradition.” According to National Crime Records Bureau (NCRB) data, 25 honor killings were documented in 2019 and 2020, and the number rose to 33 in 2021. However, these statistics barely reflect the actual scenario, as many such incidents are buried under family secrecy, social pressure, and poor law enforcement.
Case Laws
Indian courts have repeatedly condemned honor killings, with several landmark judgments seeking to curb this barbaric practice and provide protection to vulnerable couples:
Lata Singh vs. State of U.P. (2006): This judgment saw the Supreme Court strongly condemn the harassment and violence faced by young couples in inter-caste or inter-religious marriages. The Court clearly stated that there is “nothing honorable in honor killing or other atrocities” and called such acts “barbaric.” It directed police authorities nationwide to provide protection to couples marrying out of their free will and to initiate criminal proceedings against those who threaten or harass them.
Manoj and Babli Honor Killing Case (2010): This landmark case resulted in a Karnal District Court in Haryana, for the first time, ordering the death penalty for five perpetrators and a life sentence for the head of a “khap panchayat” for ordering the honor killing of Manoj Banwala and Babli, who belonged to the same gotra (sub-caste) and had eloped and married. This judgment sent a strong message against the extra-constitutional dictates of khap panchayats.
Bhagwan Dass vs. State (NCT of Delhi) (2011): The Supreme Court upheld the conviction of a father who killed his own daughter for marrying against his wishes. The Court reiterated that honor killings fall under the “rarest of rare” category, potentially warranting the death penalty, to act as a deterrent for such outrageous acts.
Arumugam Servai vs. State of Tamil Nadu (2011): While dealing with a case related to caste conflict, the Supreme Court unequivocally stated that “Khap Panchayats” acting as “kangaroo courts” and issuing decrees against inter-caste couples are “wholly illegal and has to be ruthlessly stamped out.” The Court emphasized the government’s duty to provide legal protection for inter-caste couples and prevent harassment or violence.
Shakti Vahini vs. Union of India (2018): This comprehensive judgment by the Supreme Court specifically addressed honor crimes. The Court recognized that any form of torture or ill-treatment that stifles an individual’s choice regarding love and marriage, by any assembly, is a violation of fundamental rights like Articles 19 and 21 of the Constitution. The Supreme Court issued a detailed set of preventive, remedial, and punitive directions to the State Governments, including:
Identification of districts where honor killings are prevalent.
Creation of special cells to receive complaints and aid couples facing threats.
Providing safe houses/shelters for couples for up to a month.
Taking appropriate departmental proceedings against police officers failing to protect such couples.
Strict action against unlawful assemblies (like khap panchayats) that issue decrees against couples.
Conclusion
Honor killings are a brutal violation of human rights, driven by outdated notions of family prestige and control. These acts, often fueled by caste and gender discrimination, directly contradict the fundamental rights to life, liberty, and equality. True honor lies in upholding individual freedom and dignity, not in violence. To end this barbaric practice, we need stronger laws, public awareness, education, and unwavering support for those at risk. Its time society values every life and choice, ensuring justice prevails over outdated traditions.
FAQS
1. What exactly is an “honor killing”?
An “honor killing” is the murder of a person, typically a female, by family members who believe the victim has brought “dishonor” or “shame” upon the family.
2. Are honor killings legal or sanctioned by any religion in India?
Absolutely not. Honor killings are illegal and constitute murder under Indian law. No major religion sanctions these acts; they are universally condemned as severe human rights violations. They are rooted in patriarchal social norms and a distorted concept of “honor,” not religious tenets.
3. What are some common reasons cited for honor killings in India?
The most frequent reasons include inter-caste or inter-religious marriages, consensual relationships outside of marriage, refusing an arranged marriage, elopement, a woman seeking divorce, or a woman being a victim of sexual assault, which is tragically perceived as bringing shame upon the family.
4. What specific laws in India are used to prosecute honor killings?
While there isn’t a standalone law specifically for “honor killings,” perpetrators are prosecuted under the Bharatiya Nyaya Sanhita (BNS). Key sections used include Sections 101 (Murder) and 103(Punishment for murder), 109 (Attempt to Murder), 61(Criminal Conspiracy) and 351(Criminal Intimidation).
5.What is the most crucial reform needed to effectively combat honor killings in India?
The most crucial reform widely advocated by legal experts and human rights organizations is the enactment of a comprehensive law specifically criminalizing “honor crimes.” While existing murder laws are applied, a dedicated legislation would provide clearer definitions, mandate specific investigative procedures, introduce stringent penalties that reflect the gravity of the crime.
