Poonam Mishra

LL.M 2nd year

NALSAR UNIVERSITY OF LAW ,HYDERABAD

Honour killing

According to the All India Democratic Women's Association (AIDWA) there were 103 cases of
honour killings in Haryana alone within a period of four months in 2007. If that figure can be
extrapolated to assume that the annual toll in the state is about 300, the total across the three states
reporting the largest number of cases at the time (Haryana, Punjab and Uttar Pradesh) would be 900
per annum. If another 100-300 are added for the rest of the country, the figure for India would be
about the same as estimates for Pakistan, which some researchers suggest has the highest per capita
incidence of honour killings in the world.
• Conferring a measure of legitimacy on honour killings, the apex court said: "It is a common
experience that when the younger sister commits something unusual and in this case it was an inter-
caste, intercommunity marriage out of (a) secret love affair, then in society it is the elder brother who
justifiably or otherwise is held responsible for not stopping such (an) affair."
• At a seminar organized by the All India Democratic Women's Association (AIDWA) on honour
killings On Jul 21, 2010 The Former CJI and National Human Rights Commission chief K G
Balakrishnan described honour killings as "cold blooded murder", adding that more than a new law,
awareness was needed in society against such inhuman acts.
AIDWA has drafted a proposed law that recognizes young people's right to life, liberty and bodily
integrity.
The government has already set in motion amendments to various laws to recognize such killings as
murder and bring speedy justice to the victims.
• Only a year ago, Home Minister P Chidambaram rejected the populist demand in Parliament saying,
"The answer is not to make another law.
Whatever law we make, honour killing is murder. It would have to be dealt with as murder and tried as
murder." But the recent escalation of honour killings by khap panchayats prompted Chidambaram to
resort to the time-tested ploy of enacting a new law as a substitute for enforcing the existing law.
• The home ministry has drafted a Bill containing a mixed bag of amendments. The most significant
proposal is to widen the definition of murder to make khap-dictated honour killings a distinct offence
so that all those who participate in the decision are liable to attract the death sentence. Other reported
changes include the proposal to remove the 30-day notice period for the solemnization of civil
marriage in a bid to cut down legal hassles faced by runaway couples.
• The government on July 8 had decided to set up a Group of Ministers (GoM) to suggest changes in
the present law and said it felt "pressured" to move these amendments in the upcoming Monsoon
session of Parliament beginning on July 26.
• The Union Cabinet, chaired by Prime Minister Manmohan Singh, also decided to seek views of
states on the "sensitive" issue after it discussed the matter to some length. The amendments that have
been proposed to aim at bringing honour killings under the definition of murder by amending the IPC.

Honour Killings – Violation of Rights

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 Commitments 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.

One Of The Proposed Amendments To The Indian Penal Code, Evidence Act, 1872 And Special
Marriages Act 1954 Being Discussed By The Group Of Ministers Set Up Amid
Divergent Views On Tackling Honour Killings, Government Sources Said .Among
Other Proposals, The “Revised” Draft Of Indian Penal Code And Certain Other Laws
(Amendment) Bill 2010 Plans To Bring Murders For Bringing “Dishonour” To Caste
Or Family Through Marriages Under The Ambit Of Honour Killings.

According To The “Revised Bill “In Circulation, The Government Is Planning To Bring
Amendments To Sections 300 (committing An Intentional Act Which Causes Death)
And 354 (Assault Or Criminal Force To Woman With Intent To Outrage Her
Modesty) Of IPC And Section 105 Of The Indian Evidence Act.

In Section 300 Of IPC, The Government Is Planning To Introduce Honour Killings As The Fifth
Clause.
The Proposed Fifth Clause Says “If It Is Done By Any Person Or Persons Acting In Concert
With, Or At The Behest Of, A Member Of The Family Or A Member Of A Body Or
Group Of The Caste Or Clan Or Community Or Caste Panchayats”.

In The Explanations Given For The Clause, The Proposals Says That “Dishonor” And
“Perceived To Have Brought Dishonor” Will Include “Acts Of Any Person Adopting
A Dress Code Which Is Unacceptable To His Or Her Family Or Caste Or Clan Or
Community Or Caste Panchayat”.

Murdering Somebody For Adopting A Dress Code “Unacceptable“ To Their Caste Or

Community May Come Under The Ambit Of Honour Killing If A Group Of Ministers
Set Up To Look Into The Scourge Adopts A Proposals In This Regard.