Is there any Definition?
Not defined in Indian Law.
So we should have at least a Working definition to begin with
“An honour killing (Commonwealth English), or shame killing, is the murder of a member of a family, due
to the perpetrators' belief that the victim has brought shame or dishonour upon the family, or has
violated the principles of a community or a religion with an honour culture.”
Why are we discussing it?
According to the National Crime Records Bureau, there were 28 ‘honour killings’ in 2014, 251
in 2015, and 77 in 2016 across India.
India’s constitution gives Right to Life and Personal Liberty under Art. 21
Right to control one’s life, a Right to Freedom of Expression, and a Right of Association,
Movement and Bodily Integrity.
Violation of Basic Human Rights.
Causes in Indian Context:
1. Patriarchal Setup: Practices of control over a woman, her mind, her body, her sexuality.
Woman exercising her choice and autonomy is against the family norms. Respect thy father.
It is not acceptable that woman could take her life decisions as per her own will.
2. Caste and community pride: Patriarchal family notion magnifies into community and caste
pride
3. Administration’s criminal negligence if not active culpability: Strong community ties and
scant understanding of individualism among those who are meant to protect intercaste couples
i.e. Police personnel and administration in general.
4. No Definition of the crime, no legal recognition of the various aspects of the crime, no
protections legally afforded to couples in self-choice partnerships, no measures to prevent
such crimes, no accountability, no punishment.
5. India needs a law, a strong law that will afford protection to self-choice partnerships and
punish those who in the name of honour and tradition seek to obliterate that right.
6. Vote-bank politics: That requires the appeasement of the most retrograde social forces
such as those who lead the orthodox caste panchayats, supersedes the responsibility of those
in government.
7. Khap or caste based Panchayats: Political parties need the panchayats for mobilisation of
electoral and public support.
Supreme Court’s View:
In Lata Singh v. State of U.P. (2006): “… inter-caste marriages are in fact in the national
interest as they will result in destroying the caste system.”
In Krishna Master (2010), the Bench observed that “wiping out almost the whole family on the
flimsy ground of saving the honour of the family would fall within the [principle of] rarest of
rare cases evolved by this court”.
Supreme Court ruling on March 27, 2018 in Shakti Vahini v. Union of India laid down preventive,
punitive and remedial measures to stem such crimes.
Ministry of Home Affairs issued an advisory to all the States:
To create special cells in “every district comprising the Superintendent of Police, the District
Social Welfare Officer, and District Adi-Dravidar Welfare Officer to receive petitions/complaints
of harassment of and threat to couples of inter-caste marriage”.
The advisory stated that these special cells should create a 24-hour helpline to aid couples in
distress.
Remedial Measures:
1. Do you think a strong law would work? Yes, we need it. But it is not enough
2. Social Change
3. Sensitisation: Of Stakeholders, Of personnel, administration and parents.
4. Empowerment of Young couples.
5. Pertinent law, Speedy trials and Strict penalties of the perpetrators & abettors of crime.