HONOR KILLING IN INDIA
When I first got to read about this age-old concept, it did not occur to be as a drastic or an unforeseeable concept. India, for one, is not regarded as being the one with the most forwards mindset of all. Unfortunately, the people of India have not been able to move past their aboriginal mindset. Much may have to do with the caste system and the clash between major religions, day in and day out. That is a tangent we do not want to delve into, in this article. Therefore we will stick around to the notorious thought out of the spotlight or rather a socially avoided concept, which our legislation has failed to bring into consideration, till date. The first time I got to reading about the term Honor Killing, it struck me as vengeance with a twist. Now it is important to understand why this phenomenon takes place in the first scenario. Perhaps a deeper link to its roots, guides us through patriarchy. Is it because in India, till date, patriarchy remains a very strong concept and one which is widely followed, in most third world countries? Patriarchy is not necessarily a flawed supposition.
However, to simply cut to the chase, Honor killing usually is a practice prevalent in the Northern part of India but is not restricted to that segment alone. Cases have been noted in Haryana, Uttar-Pradesh, and Punjab. There have been fewer cases in Delhi; however the capital has still noted some cases nevertheless.
Honor killing usually take place when the woman from the family does not adhere to age-old caste and cultural norms and decides to marry outside her original caste or religion.
The basic reason behind honor killing is the idea that a family’s honor is tied to a woman’s chastity. Thus, a wide range of causes can trigger honor killing such as marital infidelity, pre-marital intercourse, having unapproved relationships, refusing an arranged marriage or even rape.
In India, honor killing take place if a couple marries outside their caste or religion. Khap panchayats also oppose and mete out punishments to couples who marry within the same gotra (lineage) or transgress other societal norms. A recent judgment by a session’s court in Karnal for the first time awarded the death penalty to five men for murdering a young couple who had married against the diktats of a khap panchayat. It gave life sentence to a member of the khap panchayat who declared the marriage invalid and was present when the killing took place. On June 22, the Supreme Court issued a notice to the center and eight states to explain the steps taken to prevent honor killing. Taking a cautious approach the government rejected Law Minister, M. Veerappa Moily’s proposal to amend the Indian Penal Code and rein in the khap panchayats (caste based extra constitutional bodies). It however decided to constitute a Group of Ministers to consult the states and look into the scope for enacting a special law that would treat honor killing as a social evil. Experts are divided over the proposed honor killing Law. Some experts argue that the existing laws are sufficient to deter honor killing, if implemented properly while others feel that more stringent and specific provisions are required to tackle the menace of honor killings. Although such crimes are widely suspected to be underreported, the United Nations Population Fund estimates that as many as 5,000 women are killed annually for reasons of honor. These crimes take place throughout the world and are not limited to one specific religion or faith. However, they have rather significantly and consistently occurred in various parts of the Middle East and South Asia, with nearly half of all honor killings occurring in India and Pakistan.
In the 21st century, there was an increased international awareness of honor killing; however, some countries remained reluctant to take the necessary steps to effectively criminalize it. In the relatively uncommon event that a man was prosecuted for the killing, the subsequent trial would often focus on the woman’s alleged behavior, rather than the violence committed against her. When a man was found guilty, the defendant could claim that the crime had been committed to restore sullied family honor and petition the court for a reduced sentence. In India, for example, the government enacted strict penalties for violence against women during the 1980s. However, honor killing based on intercaste and interreligious marriages continued to take place in rural areas, where they were largely unreported to police because of direct or indirect support among village residents. Such murders were often ruled as accidents when reported. A woman beaten, burned, strangled, shot, or stabbed to death could be ruled a suicide, even if there were multiple wounds and there was no possibility the woman could have killed herself.
In some countries, such as Jordan, honor killing are either legal or minimally punished. Article 340 of the Jordanian Penal Code exempts from punishment those who kill female relatives found “guilty” of committing adultery, and Article 76 of the temporary penal code allows defendants to cite “mitigating reasons” in assault crimes. In 2011 Jordanian legislators attempted to amend Article 76 to prevent its use by defendants in honor killings, but pressure from social groups caused those efforts to stall.
Existing Penalties under Indian Penal Code:
● Sections 299-304: Penalises any person guilty of murder and culpable homicide not amounting to murder. The punishment for murder is a life sentence or death and fine. The punishment for culpable homicide not amounting to murder is life imprisonment or imprisonment for up to 10 years and a fine.
● Section 307: Penalises attempt to murder with imprisonment for up to 10 years and a fine. If a person is hurt, the penalty can extend to life imprisonment.
● Section 308: Penalises attempt to commit culpable homicide by imprisonment for up to 3 years or with fine or with both. If it causes hurt, the person shall be imprisoned for up to 7 years or fined or both.
● Section 120A and B: Penalises any person who is a party to a criminal conspiracy.
● Sections 107-116: Penalises persons for abetment of offences including murder and culpable homicide.
● Section 34 and 35: Penalises criminal acts are done by several persons in furtherance of common intention.
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It remains to be seen if India is effectively able to address this tug of war between tradition and modernity.
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WRITER:
NAME: ADVOCATE HARDI GORADIA
BOMBAY HIGH COURT
HONORARY MEMBER OF EDITORIAL BOARD
LEGAL INSIGHT
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