March 17, 2016

Updated: March 17, 2016 10:50 IST

Of love and honour killings
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RADHIKA SANTHANAM
SRUTHISAGAR YAMUNAN
COMMENT (25) PRINT T T

inShare2

TOPICS
social issue
Despite court rulings against honour killings, politics and the law refuse to frame it as a socially
sanctioned crime.
On March 13, 22-year-old V. Shankar and his 19-year-old wife Kausalya were attacked by a fivemember gang in broad daylight in Udumalpet, in Tamil Nadus Tirupur district. Dozens of
bystanders remained spectators as Sankar was hacked to death, and a battered Kausalya too left in
a pool of blood. The young woman survived the attack.
Rarely has Tamil Nadu witnessed a murder of such audacity, one recorded on CCTV. Shankar, a
Dalit, and Kausalya, who hails from the OBC Thevar community, married eight months ago in
defiance of her familys objections. And the attack was confirmed as an honour killing a day
later when her father surrendered. In a television interview, Kausalya said she and her husband
had been receiving threats from her family even after marriage. The matter was taken to the police
but her account suggests that nothing much was done to ensure their safety.

This lax response clearly goes against the Supreme Court ruling in Lata Singh v. State of U.P.
(2006) ordering stern action against all those threatening or carrying out threats against couples.
There is nothing honourable in such killings, and in fact they are nothing but barbaric and
shameful acts of murder committed by brutal, feudal-minded persons who deserve harsh
punishment, the judgment said. In fact, the apex court, in Bhagwan Dass v. Delhi in May 2011,
deemed honour killings in the rarest of rare category of crimes that deserve the death penalty.
Soon after, the Central government proposed that Section 300 of the Indian Penal Code be
amended to include honour killings within the definition of murder. But rejecting this proposal,
the Law Commission drafted the Prohibition of Unlawful Assembly (Interference with the
Freedom of Matrimonial Alliances) Bill, 2011 that sought to declare khap panchayats (katta
panchayats in Tamil Nadu) unlawful. Tamil Nadu was not among the 22 States and Union
Territories which supported the recommendation to bring a bill to prevent honour killings.
The Udumalpet incident is only one in a series of honour killings the State has witnessed in
recent years, and it is mostly Dalits who have been at the receiving end of the violence. In 2003,
25-year-old S. Murugesan, a Dalit, and 22-year-old D. Kannagi, a Vanniyar, were harassed and
force-fed poison by the girls relatives while people watched them die. In June last year, the
headless body of 21-year-old Gokulraj was found near a railway track in Nammakal district. The
prime suspect in the case, Yuvaraj, who runs an organisation named after the OBC Kongu Vellalar
icon Dheeran Chinnamalai, absconded. For the next three months, the daring Yuvaraj would
continue to release WhatsApp audio clips and even give television interviews from undisclosed
locations. The investigating officer R. Vishnupriya, a Dalit, committed suicide, after which
allegations of harassment from superiors surfaced. And Yuvaraj got a heros welcome by his
supporters when he surfaced later to surrender to the police.
The Dharmapuri escalation
There has been a spike in attacks on Dalits since the December 2012 Dharmapuri riots.According
to National Crime Records Bureau data, the number of Dalits murdered in 2014 rose to 73 from 28
the previous year. It is also important to note that the Chairman of the National Scheduled Castes
Commission, P.L. Punia, claimed that hardly 10 per cent of crimes against Scheduled Castes end
in conviction.
An orchestrated backlash to the love affair between a young Dalit man, Ilavarasan, and an OBC
Vanniyar woman, Divya, the Dharmapuri incident was used as a propaganda tool by the Pattali
Makkal Katchi (PMK) for a good two years when it tried to put together a larger non-Dalit, OBC
alliance against inter-caste marriages. This movement emboldened hitherto nondescript fringe
casteist groups to openly indulge in hate mongering, which took the form of open and divisive
campaigns even on college campuses. The party deemed many such marriages love dramas in
which Dalit youth sporting jeans pants and sunglasses lured unsuspecting upper caste women
only to swindle their wealth and dump them later. The movement objectified women by
overemphasising the concepts of chastity, purity and pollution; glorified endogamy; and
stigmatised inter-caste marriages in a State that pioneered a special law for such civil unions.

Fear of Dalit assertion

However, the PMK alone cannot be blamed for the rising intolerance against Dalits. The two
major Dravidian parties (the Dravida Munnetra Kazhagam and the All India Anna Dravida
Munnetra Kazhagam), which claim to be legatees of Periyar's Self-Respect movement, have
largely remained spectators to the violent assertion of caste identity. In fact, the AIADMK
government refused to acknowledge the growing instances of honour killings in Tamil Nadu when
the matter was raised by the Left parties in the Assembly. The weak reaction from these parties to
the violence stems not only from the insecurity of losing crucial vote banks but also the financial
might that some of these groups hold. In contrast, there are very few senior Dalit functionaries in
both the DMK and the AIADMK, though Dalits account for more that 20 per cent of Tamil Nadus
population. As indicated in a 1999 Human Rights Watch report on the southern district clashes in
Tamil Nadu and the states response, increasing violence against Dalits stems from the fact that the
economic relationship between the Thevars and Dalits has considerably changed since the early
1990s. With Dalits slowly asserting their presence in the economic and political spheres through
education and thus becoming less dependent on the Thevars for jobs, and with two movements
the Dalit Panthers of India Tamil Nadu and the Devendra Kula Vellalar Federation claiming
equal share in public properties, the Thevars are clinging more resolutely to their caste status as a
way of affirming their superiority, the report states.
Affirming superiority of caste is the basis of most honour killings in the country. (In some cases
it is affirming religious intolerance one of the reasons for the Muzaffarnagar clashes in 2013 in
Uttar Pradesh was the killing of a Muslim youth for eve-teasing a Hindu Jat girl.) In north India,
khaps, anachronistic institutions with no legal sanction, should have disappeared after the framing
of the Constitution. Instead, because of a host of inter-related issues such as keeping property
within the community and maintaining purity of caste, they exercise control by excommunicating
members of a community for refusing to toe the line, sometimes even ordering the rape of women.
They are mostly known now for opposing intra-gotra and inter-caste marriages.
In Tamil Nadu, political parties have attributed Sundays honour killing to the law and order
situation in the State, inaction from the police; one party simply termed the incident
shocking. Similarly in north India, reactions to honour killings have been muted, but also
outrageous. Industrialist and Congress MP Naveen Jindal in 2010 supported the Haryana khap
panchayats demand for amending the Hindu Marriage Act to ban marriages within the same gotra.
In January this year, Haryana Chief Minister Manohar Lal Khattar called khap panchayats
useful instruments of society.
In Lata Singh v. State of U.P., the Supreme Court had said: inter-caste marriages are in fact in
the national interest as they will result in destroying the caste system. This was a decade back,
but rings truer today. Emphasising the issue of choosing ones own partner as a fundamental right,
the All India Democratic Womens Association had demanded enactment of a comprehensive law
on honour crimes that goes beyond just the act of murder and focusses on aspects such as
compensation to and rehabilitation of the affected family. That demand still hangs fire. To love

cannot be a crime in a nation that is aiming to be a superpower.

http://www.legalservicesindia.com/article/article/nothing-honourable-in-honour-killing-17211.html

Nothing
Honourable
in
Honour
Killing
Source
:
http://www.legalserviceindia.com Author : URMILA BHARDWAJ Published
on : October 29, 2014 Nothing Honourable in "Honour Killing" A Social
Stigma There is neither any statutory definition for Honour killing
nor stands any precise definition otherwise for honour killing which
can be said to be universally recognized. however most prevalent
meaning is, "the murder and forced suicide in the name of imposing
certain moral values, the transgression of which are professed as
intolerable are honour killings". An honour killing (also called a
customary killing) is the murder of a family or clan member by one or
more fellow family members, where the murderers believe the victim to
have brought dishonour upon the family, clan or community. Honour
killing dealt with a barbaric custom of murdering women for immoral
activities, at the hands of male family members, including fathers,
brothers and even husbands, to maintain the purity of honour or
restore the family honour. the daughters who disobey their parents
and decide to marry with a man of her choice, consider to bring
dishonour upon her family and commit an offence that could be
purified only with blood. Relatives, usually male, commit acts of
violence against wives, sisters, daughters and mothers to reclaim
their family honour from real or suspected actions that are perceived
to have compromised it.1 India 'honour killings': Paying the price
for falling in love. Who wants to kill their own children? But
whatever God wanted, happened Villager in Rohtak .2 Meaning And
Definition Of Honour Killing: An honour killing, or honour killing is
the homicide of a member of a family or social group by other
members, due to the belief of the perpetrators that the victim has
brought dishonour upon the family or community.2 The perceived
dishonour is normally the result of one of the following behaviours,
or the suspicion of such behaviours: dressing in a manner
unacceptable to the family or community, wanting to terminate or
prevent an arranged marriage or desiring to marry by own choice,
especially if to a member of a social group deemed inappropriate,
engaging in heterosexual acts outside marriage and engaging in
homosexual acts. Human Rights Watch Defines "Honour Killings" As
Follows: Honour killings are acts of vengeance, usually death,

committed by male family members against female family members, who

are held to have brought dishonour upon the family. A 3/17/2016 Print
Article
:
Nothing
Honourable
in
Honour
Killing
http://www.legalservicesindia.com/article/print.php?art_id=1721 2/10
woman can be targeted by (individuals within) her family for a
variety of reasons, including: refusing to enter into an arranged
marriage, being the victim of a sexual assault, seeking a divorce
even from an abusive husbandor (allegedly) committing adultery. The
mere perception that a woman has behaved in a way that "dishonours"
her family is sufficient to trigger an attack on her life.3 Men can
also be the victims of honour killings by members of the family of a
woman with whom they are perceived to have an inappropriate
relationship.4 The loose term "honour killing" applies to killing of
both men and women in cultures that practice it.5 Sharif Kanaana,
professor of anthropology at Birzeit University, says that honour
killing is: A complicated issue that cuts deep into the history of
Arab society. .. What the men of the family, clan, or tribe seek
control of in a patrilineal society is reproductive power. Women for
the tribe were considered a factory for making men. The honour
killing is not a means to control sexual power or behaviour. What's
behind it is the issue of fertility, or reproductive power.6 Causes
For Honour Killing: The main reason for commitment of an honour
killing is belief that any member of family had brought dishonour
to the family. The dishonour can be of different types for different
families. The perceived dishonour is normally the result of the
following behaviours, or the suspicion of such behaviours, which are
dress codes unacceptable to the family/community or wanting to
terminate or prevent an arranged marriage or desiring to marry by own
choice or engaging in certain sexual acts, including those with the
opposite or same sex, etc. Also the most obvious reason for this
practice to continue in India is because of the fact that the caste
system continues to be at its rigid best and also because people from
the rural areas refuse to change their attitude to marriage. Also in
our country the society is mainly the patriarchal. Men are expected
to enforce such norms and traditions and protect family and male
honour from shame. Women are expected to conduct themselves
honourably. This understanding of the notion gives legitimacy to all
forms of social regulation of womens behaviour and to violence
committed against them. So far, there is no specific law to deal with
honour killings. The murders come under the general categories of
homicide or manslaughter. Sometimes the honour killings are also done
by a mob and so when a mob has carried out such attacks, it becomes
difficult to pinpoint a culprit. The collection of evidence becomes
tricky and eyewitnesses are never forthcoming. But Honour

Killings are against International Law on Human Rights and against

United Nation agendas. But still even though we dont have any law
to deal with it specifically in India but we have judicial precedence
over it. There are also some bills which are in the latent stage
against the honour killings, which are planned to be introduced in
the parliament sooner. Some other causes of Honour Killing:
Allegation of premarital or extramarital sex. Refusal for an
arranged marriage. Intercaste or interreligious marriage.
Pregnancy not related with legally married husband. Homosexuality.
Liveinrelationship. 3/17/2016 Print Article : Nothing Honourable
in
Honour
Killing
http://www.legalservicesindia.com/article/print.php?art_id=1721 3/10
Reasons
For
Increasing
Incidents
Of
Honour
Killings
:
Religionalization of laws such Hindu personal law,muslim personal
law,christan personal law etc.Womens are forced to consider every
aspect of their life from the perspective of their "honour "as a
quality which is felt to reflect both the entirety of their social
worth and reputations of male members of their family. male
reputation is depend upon female "honour". female "honour" is passive
in nature cantering on qualities such as subordinacy , modesty ,and
patience, whereas male "honour" is active and dynamic, centring on
qualities such as selfassertion, dominance and social status. once
female honour is lost through any act which is considered
dishonouring in her society, there is no way it can be regained.
Other members of her family may face pressure to take violent action
which will restore their position in society7. Historical Perspective
Of Honour Killing: As noted by Christian Arab writer, Norma Khouri,
honour killings originate from the belief that a womans chastity is
the property of her families, a cultural norm that comes "from our
ancient tribal days, from the Hammurabi and Assyrian tribes of 1200
B.C8 Matthew A. Goldstein, J.D. (Arizona), has also noted that honour
killings were encouraged in ancient Rome, where male family members
who did not take actions against the female adulterers in their
family were "actively persecuted".9 The origin of honour killings and
the control of women is evidenced throughout history in the culture
and tradition of many regions. The Roman law of Pater families gave
complete control to the men of the family for both their children and
wives. Under these laws, the lives of children and wives were at the
sole discretion of the men in their family. Ancient Roman Law also
established historical roots of honour killings through the law
stating that women found guilty of adultery could be killed by their
husband in whatever manner the husband desired. In ancient Rome,
being raped was seen as dishonourable to the point of destroying a
woman's life and reputation, and honour killing was supposed to be a

"merciful" act. In Greece also, the lives of women were dictated by

their husbands as women were considered socially below males.10
Honour Killing In India: Honour killings have been reported in
northern regions of India, mainly in the Indian states of Punjab,
Rajasthan, Haryana, Uttar Pradesh, as a result of people marrying
without their family's acceptance, and sometimes for marrying outside
their caste or religion. In contrast, honour killings are rare to
nonexistent in South India and the western Indian states of
Maharashtra and Gujarat. In some other parts of India, notably West
Bengal, honour killings ceased about a century ago, largely due to
the activism and influence of reformists such as Vivekananda,
Ramakrishna, Vidyasagar and Raja Ram Mohan Roy.11Among Raj puts,
marriages with members of other castes can provoke the killing of the
married couple and immediate family members. This form of honour
killing is attributed to Raj put culture and traditional views on the
perceived "purity" of a lineage. The Indian state of Punjab has a
large number of honour killings. According to data compiled by the
Punjab Police, 34 honour killings were reported in the state between
2008 and 2010: 10 in 2008, 20 in 2009, and four in 2010.12 Haryana is
also notorious for incidents of honour killing, mainly in the upper
caste of society, among raj puts and jaats.13 Bhagalpur in the
eastern Indian state of Bihar has also been notorious for honour
killings.14 Recent cases include a 16yearold girl, Imrana, from
Bhojpur who was set on fire inside her house in a case of what the
police called 'moral vigilantism'. The victim had screamed for help
for about 20 minutes before neighbours arrived, only to find her
smouldering body. She was admitted to a local hospital, where she
later died from her injuries.15 3/17/2016 Print Article : Nothing
Honourable
in
Honour
Killing
http://www.legalservicesindia.com/article/print.php?art_id=1721 4/10
In 1990 the National Commission for Women set up a statutory body in
order to address the issues of honour killings among some ethnic
groups in North India. This body reviewed constitutional, legal and
other provisions as well as challenges women face. The NCW's activism
has contributed significantly towards the reduction of honour
killings in rural areas of North India15 According to Pakistani
activists Hina Jilani and Eman M. Ahmed, Indian women are
considerably better protected against honour killings by Indian law
and government than Pakistani women, and they have suggested that
governments of countries affected by honour killings use Indian law
as a model in order to prevent honour killings in their respective
societies.16 Legal Provisions Regarding Honour Killing: Legislation
on this issues varies, but today the vast majority of countries no
longer allow a husband to legally kill a wife for adultery (although

adultery itself continues to be punishable by death in some

countries) or to commit other forms of honour killings. However, in
many places, adultery and other "immoral" sexual behaviours by female
family members can be considered mitigating circumstances in case
when they are killed, leading to significantly shorter sentences. In
the Western World, a country that is often associated with "crimes of
passion" and adultery related violence is France, and indeed, recent
surveys have shown French public to be more accepting of these
practices than the public in other countries. One 2008 Gallup survey
compared the views of the French, German and British public and those
of French, German and British Muslims on several social issues: 4% of
French public said "honor killings" were "morally acceptable" and 8%
of French public said "crimes of passion" were "morally acceptable"
honour killings were seen as acceptable by 1% of German public and
also 1% of British public crimes of passion were seen as acceptable
by 1% of German public and 2% of British public. Among Muslims 5% in
Paris, 3% in Berlin and 3% in London saw honour killings as
acceptable, and 4% in Paris (less than French public), 1% in Berlin
and 3% in London saw crimes of passion as acceptable.17 According to
the report of the United Nations Special Rapporteur submitted to the
58th session of the United Nations Commission on Human Rights in 2002
concerning cultural practices in the family that reflect violence
against women (E/CN.4/2002/83): The Special Rapporteur indicated that
there had been contradictory decisions with regard to the honour
defense in Brazil, and that legislative provisions allowing for
partial or complete defense in that context could be found in the
penal codes of Argentina, Ecuador, Egypt, Guatemala, Iran, Israel,
Jordan, Peru, Syria, Venezuela and the Palestinian National
Authority.18 The Hindu Successions Act And Property Issues: The Hindu
Succession Act amended in 2005 which mandated inheritance rights to
daughters has led to greater insecurity among the land holding
communities. This has led to a situation where the community feels
that their daughters can bring in new stakeholders like a husband
from another caste who can claim the right to the wifes claim. In
an arranged marriage social pressures exist and the parents are
assured that no such claim will come. In cases of contentious
marriage there is always a lurking danger that the daughter can
exercise the right of inheritance. This has led to the landed
communities like the jats to devise means to negate the law on
daughter inheritance by having very strict guidelines for the
marriage. 3/17/2016 Print Article : Nothing Honourable in Honour
Killing
http://www.legalservicesindia.com/article/print.php?
art_id=1721 5/10 Lack of Education Among Females: The education among
the girls which is slowly but steadily percolating at the grass roots

must be supported by laws which enable them to exercise their

fundamental rights. The education and awareness among the women and
girls need to be supported by laws which protect them from a rigid
and stubborn society which just doesnt want to let go its hold over
women Laws Presently On The Honour Killing: Cultural crimes are
basically the crimes that seek to place within the context of culture
or under the head of it. As we all know recently there has been a
spate of honour killings which has shocked the country. Honour
killing is one of the types of cultural crime present in the country.
An honour killing (also called a customary killing) is the murder of
a (typically female) family or clan member by one or more fellow
(mostly male) family members, in which the perpetrators (and
potentially the wider community) believe the victim to have brought
dishonour upon the family, clan, or community.18(1) The aim of the
present essay is twofold. Firstly we intend to show that what
actually an honour killing means and what are the reasons behind
its occurrence. Also we will discuss about the position of
International Law over Honour Killing. Secondly, we will be going
to see that what are the various laws are present instantly in the
country against the honour killing and will try to find what more
laws ought to be there to stop such a heinous crime. Reasons For
Honour Killing: The main reason for commitment of an honour
killing is belief that any member of family had brought dishonour
to the family. The dishonour can be of different types for different
families. The perceived dishonour is normally the result of the
following behaviours, or the suspicion of such behaviours, which are
dress codes unacceptable to the family/community or wanting to
terminate or prevent an arranged marriage or desiring to marry by own
choice or engaging in certain sexual acts, including those with the
opposite or same sex, etc. Also the most obvious reason for this
practice to continue in India is because of the fact that the caste
system continues to be at its rigid best and also because people from
the rural areas refuse to change their attitude to marriage. Also in
our country the society is mainly the patriarchal. Men are expected
to enforce such norms and traditions and protect family and male
honour from shame. Women are expected to conduct themselves
honourably. This understanding of the notion gives legitimacy to all
forms of social regulation of womens behaviour and to violence
committed against them. So far, there is no specific law to deal with
honour killings. The murders come under the general categories of
homicide or manslaughter. Sometimes the honour killings are also done
by a mob and so when a mob has carried out such attacks, it becomes
difficult to pinpoint a culprit. The collection of evidence becomes
tricky and eyewitnesses are never forthcoming. But Honour

Killings are against International Law on Human Rights and against

United Nation agendas. But still even though we dont have any law
to deal with it specifically in India but we have judicial precedence
over it. There are also some bills which are in the latent stage
against the honour killings, which are planned to be introduced in
the parliament sooner. Let us discuss them under the following heads.
3/17/2016 Print Article : Nothing Honourable in Honour Killing
http://www.legalservicesindia.com/article/print.php?art_id=1721 6/10
International Laws Regarding Honour Killing: "Honour killings" are a
recognized form of violence against women in international human
rights law because they violate women's rights to life and security
of the person. International law obligates states to protect women
from genderbased violence, including by family members, and to
disqualify "honour" as a legal defence for acts of violence against
women. 19 . Honour killings are an extreme and brutal abuse of
human rights, violating the most basic of human rightsthe right to
lifeas well as every other article in the International Convention
on Human Rights (1948). The presence of laws that treat honour
killings leniently is also a brazen disregard of the International
Convention of Civil and Political Rights (1966), protecting
individuals against the use of the death penalty except for the most
serious of crimes. Honour killings also violate the Convention on
the Elimination of All Forms of Discrimination against Women (1979).
Article 1 of the Convention states thatFor the present Convention,
the term discrimination against women shall mean any distinction,
exclusion, or restriction made on the basis of sex which has the
effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of their marital status,
on the basis of equality of men and women, of human rights and
fundamental freedoms in political, economic, social, cultural, civil
or any other field. Article 2 states that States Parties condemn
discrimination against women in all its forms, agree to pursue by all
appropriate means and without delay a policy of eliminating
discrimination against women and, to this end, undertake: (c) To
establish legal protection of the rights of women on an equal basis
with men and to ensure through competent national tribunals and other
public institutions the effective protection of women against any act
of discrimination (f) To take all appropriate measures, including
legislation, to modify or abolish existing laws, regulations, customs
and practices which constitute discrimination against women (g) To
repeal all national penal provisions which constitute discrimination
against women. This UN charter has been signed by 185 countries
worldwide over ninety percent of the members of the United Nations
including most countries where honour killing occurs. Honour

killings violate both the wording and the spirit of this law. India
is also a part of it. 20 Also the General Assembly resolution of
United Nation that established the Human Rights Council back in 2006
decided that the Council shall be responsible for promoting
universal respect for the protection of all human rights and
fundamental freedoms for all, without distinction of any kind and in
a fair and equal manner.21 Thus we can see that International Law
on Human Rights are against the Honour killings and are in no mood to
save it in the name of cultural or traditional rights. Judicial
Precedence In India: Normally the cases of honour killings were
admitted inside the courts in India, in the forms of homicide or
manslaughter. But after seeing the nature and the facts of the
killings, courts were also used to follow the flimsy, socalled
honour of the family in the name of which the heinous crime was
done and the perpetrators usually were rescued. This we can observe
from the judgement of Supreme Court, in which Justice VS Sirpurkar
and Justice 3/17/2016 Print Article : Nothing Honourable in Honour
Killing
http://www.legalservicesindia.com/article/print.php?
art_id=1721 7/10 Deepak Verma said it wasnt a rarest of rare case.
The murders were the outcome of a social issue like a marriage with
a person of socalled lower caste. Such killings do not fall in the
category of the rare of the rarest as the family of the girl has to
face lot of taunts and humiliation in the society for the acts of the
girl. However, time has come when we have to consider these social
issues relevant while considering death sentence in such
circumstances, they said. In other words, the court classified the
shameful castebased honour killings as different from other
homicides in which the maximum punishment of death can be awarded. In
this case the brother of the girl, who belonged to Uttar Pradesh, had
killed five members including his brotherinlaw who was a Scheduled
Caste.22 This was the earlier tradition, but nowadays from the
various judgements of the courts we can say that now the honour
killings are not termed differently. Courts through their
judgements had reiterated that killing anyone even in the name of
honour is the violation of the constitution of India and anyone
going contrary to the constitution will be punished. This we can see
from the following cases. In a landmark judgment, in March 2010, the
Karnal District Court ordered the execution of the five perpetrators
in an honour killing case of Manoj & Babli, while giving a life
sentence to the khap (local castebased council) head who ordered the
killings of Manoj Banwala (23) and Babli (19), two members of the
same clan who eloped and married in June 2007 and later their
mutilated bodies were found a week later from an irrigation canal. In
her verdict, district judge Vani Gopal Sharma stated, "This court has

gone through sleepless nights and tried to put itself in the shoes of
the offenders .Khap panchayats have functioned contrary to the
constitution, ridiculed it and have become a law unto themselves.
The case was both the first court judgement convicting khap
panchayats and the first capital punishment verdict in an honour
killing case in India. The Indian media and legal experts hailed it
as a "landmark judgement". Also, few honour killing cases go to
court, and this is the first case in which the groom's family in an
honour killing filed the case. 23 International Laws Regarding Honour
Killing: "Honour killings" are a recognized form of violence against
women in international human rights law because they violate women's
rights to life and security of the person. International law
obligates states to protect women from genderbased violence,
including by family members, and to disqualify "honour" as a legal
defence for acts of violence against women. 24. Honour killings
are an extreme and brutal abuse of human rights, violating the most
basic of human rightsthe right to lifeas well as every other
article in the Universal declaration of Human Rights (1948). The
presence of laws that treat honour killings leniently is also a
brazen disregard of the International Convention of Civil and
Political Rights (1966), protecting individuals against the use of
the death penalty except for the most serious of crimes. Honour
killings also violate the Convention on the Elimination of All
Forms of Discrimination against Women (1979). Article 1 of the
Convention states thatFor the present Convention, the term
discrimination against women shall mean any distinction,
exclusion, or restriction made on the basis of sex which has the
effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of their marital status,
on the basis of equality of men and women, of human rights and
fundamental freedoms in political, economic, social, cultural, civil
or any other field. Article 2 states that States Parties condemn
discrimination against women in all its forms, agree to pursue by all
appropriate means and without delay a policy of eliminating 3/17/2016
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Honourable
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Killing
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discrimination against women and, to this end, undertake: (c) To
establish legal protection of the rights of women on an equal basis
with men and to ensure through competent national tribunals and other
public institutions the effective protection of women against any act
of discrimination (f) To take all appropriate measures, including
legislation, to modify or abolish existing laws, regulations, customs
and practices which constitute discrimination against women (g) To
repeal all national penal provisions which constitute discrimination

against women. This UN charter has been signed by 185 countries

world wide over ninety percent of the members of the United Nations
including most countries where honour killing occurs. Honour
killings violate both the wording and the spirit of this law. India
is also a part of it.25 Also the General Assembly resolution of
United Nation that established the Human Rights Council back in 2006
decided that the Council shall be responsible for promoting
universal respect for the protection of all human rights and
fundamental freedoms for all, without distinction of any kind and in
a fair and equal manner.26 Thus we can see that International Law
on Human Rights are against the Honour killings and are in no mood to
save it in the name of cultural or traditional rights. Honour
Killing: Violation of Right: Honour Killings are homicide and murder
which are serious crimes under the Indian Penal Code. It also
violates Articles 14, 15 (1) & (3) 19, 21 and 39(f) of the
Constitution of India. It is against the various International
Commitment the Government of India has made in the United Nations
Convention on the Elimination of all forms of Discrimination against
Women (CEDAW) of which India is a signatory and has also ratified
the convention. It is also against the spirit of Universal
Declaration of Human Rights and International Covenant on Civil and
Political Rights. Conclusion: As already declared by the honorable
court that there is nothing honorable in honor killing. Moreover this
is the direct violation of human rights of a person who by virtue of
being a human have the basic birth right of right to live. And in
cases of honor killings violation of the right by the very family
member and in most cases by the father or by the real brother only
because of they don't allow their daughter or female member to marry
according to her will. This is the offence of murder by the members
of family and direct violation of fundamental human rights. Honor
killings have become commonplace in many parts of the country,
particularly in Haryana, western U.P., and Rajasthan. Often young
couples who fall in love have to seek shelter in the police lines or
protection homes, to avoid the wrath of kangaroo courts. We have held
in Lata Singhs case(26(1) that there is nothing honourable in
honour killings, and they are nothing but barbaric and brutal
murders by bigoted, persons with feudal minds. In our opinion honour
killings, for whatever reason, come within the category of rarest of
rare cases deserving death punishment. It is time to stamp out these
barbaric, feudal practices which are a slur on our nation. This is
necessary as a deterrent for such outrageous, uncivilized behavior.
All persons who are planning to perpetrate honour killings should
know that the gallows await them.27 ******************** 3/17/2016
Print
Article
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Nothing
Honourable
in
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3/17/2016 Print Article : Nothing Honourable in Honour Killing
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Author: Rashmi and Urmila Phd. Research Scholars, Kurukshetra
University Kurukshetra (Haryana)