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Civil and Military Law Joumal- Vol. 48-No. 4-0clober-Decembe'r 20 2

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"andey# $onour %illin& i! al!o a Cancer li'e Corru(tion

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minority they are released from imprisonment with clean criminal records on completion of 18 years, when found gui Ity. In Pakistan the South Asian Country a conference was held at Islamabad in ay !""# in which addressed whether Pakistani $aw, %o&ernment and International agencies ha&e achie&ed any success for reducing 'onour (illings in the countr). *hey found that more cases of 'onour (illings are reported rather .hidden and more women ha&ing courage to come forward and speak against such traditional killings. It was also found that there is a se&ere lack of proper implementation of laws and assurances for the males who commit 'onour (illings aud escape from rigorous imprisonment. It was noticed that the women were put in unfair, disad&antage and inferior positions often at the mercy of men to pro&e their innocence. In India during medie&al period the practice of such domestic &iolence, was in e+istence as customary killings, among ,a-puts because of solemni.ation of marriage with other castes used to pro&oke the killings of marrying couple. *his form of 'onour (illings is attributed to ,a-put Culture and *raditional &iews on the percei&ed /Purity/ of the lineage. *he tradition of 'onour (illings was &iewed in the most horrible form during partition of the Country in 1012 and thereafter when large members of women were forcefully killed fer the sake of preser&ing the family honours. 3uring partition, enormous forced marriages took place causing women from Pakistan 10 m any the m en of lhdia and vice-ver!a. *hese women, who were forced to marry with the persons from other religion, were in search and when they returned their homes they were killed in the name of family honours. At that time the influence of religion and social control was &ery high hence the partition years can be %alled the beginning of the custom of 'onour (illings on a large scale. *he incidents of 'onour (illings are found mainly in 4orthern ,egion of our Country particularly in the states of Pun-ab, 'aryana, 3elhi, 5.P., 6harkhand and 7ihar. *he cases of 'onour (illings a, e rare in aharashtra, %u-arat, Southern States and some other parts of the Country. In 8est 7engal the cases of 'onour (illings are not found, it was ceased se&eral years ago due to acti&ism and influence of reformists such as 91 :i&ekananda, ,am (rishna, :idya Sagar and ,a-a ,am ohan ,oy. 8e should not I; wonder that the things ha&e significantly changed in India after Independence hence ;i drawing attention towards scientific, economic, technological and infrastructural < ad&ancements in the country no more socially changed, because the decades ago the < society was di&ided on the basis of caste system but now days multiple factors I= responsible for social disparity. In modern India hardly any person is found to be only Indian due to emergence of selfishness, greed, corruption, enmity, hatred and bloodshed I~ 8hlk> tends totally chaotic modelrn societydwhere people didscrdiminaht> h?> the basitshof t~ re igion, race, se+, culture, socra status an economic stan ar s w IC IS worse an i~ caste system di&ision, hence the percei&ed dishonor is normally result of one of the <following beha&iours9 @I; *he manner of dressing which is unacceptable to the family > or community, @!; 8illing to terminate or pre&ent an arranged marriage or desire to marry of own choice, @A; *o engage in hetero se+ual acts out of marriage or sometimes non se+ual relationship percei&ed as in appropriate, and @1; *o engage in homose+ual or 9B9. lesbian acts. 8omen and girls are killed at much higher rate than men. ,ecently an ! estimate by 54CPA States those as many as #""" women and girls are killed by members ,> of their own families in a year.

~ gifted and pertaining to marriage, it is gi&en in 4arad Samhita /Aspramsat Paneha

acham 7andhubhyah atra Pitratah, A&i&ahaya Sagotra/. It means a girl related to father or mother se&en or fi&e degrees ups and downs respecti&ely and also of same ~ %otra or Pra&ar then marriage can not be solemni.ed. 4ow the degrees of prohibited relations are reduced to fi&e and three accordingly. In 'indu $aw the marriage in the same Cotra or Pra&ar is not permitted under the head of other prohibited relations, if customs and uses allow then no bar but in the 'indi9 marriage disability remo&al Act, 101E it is stated that the 'indu marriage can not be annulled if the husband and wife of same %otra or Pra&ar or of subFcastes of the same caste. *he officials of (hap Panchayats and also other 'indu communities. must raise their demands collecti&ely in the light of epics pertaining to marriage before the %o&ernment for necessary amendments in 'indu $aw in peaceful and con&incing manner to absol&e themsel&es from indulgence in 'onour (illings. *he cases of 'onour (illingsare in uslims too. *he 4ational Commission for women setFup a statutory body in 100" in order to aware the people against 'onour (illings and to deli&er speeches among ethnic groups i!"! 4orth India. *he body re&iewed constitutional, legal and other pro&isions and challenges which the women face but no effecti&e result. *he offences against females are being meted out from fuetus to death ill &arious ~ ways other dth>n '(oilour (illingshG *h3er.e are approh+imEately !#1 cases of.t9onour (illings are reporte 111 anpur and ot er tstncts 8it III mont 1S In &anous newspapers whereas in our country the women are playing prominent roles in all walks of life and j performing their duties with great enthusiasm and honour as being head of the Country, I Prime inister, %reat Politicians, Administrati&e ?fficers, Police ?fficers, Coreign Ser&ices, $awyers, 6udges, 7ank ?fficers, 3uctors, Hngineers, Pilots, Astronaut, 7usinesswomen, Sports Persons, in Cilm Industry, etc. and also in scaling the height of < H&erest of 'imalayas hence the women can perform in better ways if the opportunities i gi&en to them. *he people should not derecogni.e the talents and achie&ements of the I women. At present the I iteracy percentage rate of the women has increased by 1.01 % 'I in comparison to pre&ious consensus but in (anpur.the ratio of male and female has gone down from 1"""98## to 1"""98#!. *hough 'on=ble Supreme Court issued the direction to all courts of India for taking stern legal action against the accused of 'onour (illing. *he order of the Hon'ble Supreme Court stated that the authorities ha&e failed to pre&ent 'onour (illings as couples and indi&iduals in the name of honour are being killed. *he trial court whiie trying the cases of 'onour (illings must consider the rarest of the rare cases and award death sentence to the accused for eradication of 'onour (illings from Indian Society. *he %o&ernment must bring the necessary amendments in the laws and not only declaring the offences of 'onour (illings the rarest of rare crimes but also pro&isions for taking stern legal action so no accused be left unpunished or escaping from death sentence. *he 4.%.?.=s and other social workers can organ i.e &arious programs for awareness and the people should be guided for attending religious teachings and they must be gi&en legal education to be away from heinous crimes. *he %o&ernment should determine the rights of women. *he women should be economically supported to fulfil their needs. *hey should be pro&ided free medical ser&ices. *heir partnership must be I determined in the matters related to women. *hey must be gi&en proper representation in all policyFmaking organi.ations. *he girls and boys must be gi&en se+ education when they attain the age of 1! years for de&elopment of self control and confidence through )oga and editation. *he girls must be taught how to become selfFdependent in the society and also how to escape from allurement of men.

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In (hap there are &arious community Panchayats. *he officials. of these ! Panchayats oppose the marriage of male and female both ha&ing same %otra. It means . the marring couple should ha&e different %otras. According to 'indu mythology the >BD 'indu $aw is a /,e&elation/ and it is not a so&ereign or command of a king. It is god /

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