Introduction
Honour killings, or killing for the honour are acts of violence committed against individuals, typically women, by their own family members due to the belief that they have brought dishonour to the family or community. The victims are usually young women who are accused of engaging in behaviour deemed unacceptable by societal norms, such as choosing their own partners for marriage or marrying outside their caste or religion. This article aims to shed light on the meaning, history, laws governing honour killings in India, significant judgments, and the impact of this menace on society.
Meaning and History
Honour killings are a manifestation of deeply ingrained patriarchal norms prevalent in certain societies. These killings are often carried out to maintain the perceived purity, reputation, and social standing of a family or community. These heinous crimes are deeply rooted in cultural and traditional practices, with India being one of the countries where honour killings continue to pose a significant challenge.
The history of honour killings in India can be traced back to ancient times, where caste-based discrimination and rigid social hierarchies were prevalent. The caste system created a framework that dictated strict rules regarding marriage and relationships within specific communities. Any deviation from these norms was seen as a threat to the social order and resulted in severe consequences, including honour killings.
Honour killings as a Menace to Society
Honour killings pose a severe threat to society on various fronts. Firstly, they perpetuate a culture of fear and oppression, creating an atmosphere where individuals are afraid to exercise their basic rights, such as choosing their life partners. This curtails personal freedom and hampers social progress.
Secondly, honour killings reinforce regressive notions of caste, religion, and gender hierarchy. They perpetuate discriminatory practices and hinder efforts towards building an inclusive and egalitarian society. By punishing those who challenge societal norms, honour killings maintain the status quo and prevent social change.
Furthermore, honour killings contribute to a climate of violence and impunity. The perpetrators often go unpunished due to societal support or fear among witnesses. This lack of accountability fosters a sense of lawlessness and encourages further acts of violence.
Law Governing Honour Killings
The legal framework in India recognizes the gravity of honour killings and has taken steps to curb this menace. The Supreme Court of India has categorically condemned honour killings, terming them as “barbaric” and “savage.”
It is to be noted that there is no specific law or legislation that deals with honour killings in India. Law Commission in its 242nd report suggested that existing provisions in the Indian Penal Code, 1860 namely, Sections 299 and 300 are adequate enough to take care of honour killing. And it also suggested that instead of amending the IPC or current laws, a separate legislation specifically dealing with honour killings may be fruitful. However, till now in 2023, no such law has been enacted.
Therefore, honour killings persist due to the lack of effective implementation and societal attitudes that perpetuate such crimes.
Significant Judgments on honour killing
Over the years, Indian courts have delivered landmark judgments in honour killing cases, highlighting the gravity of these crimes and the need for stringent punishment. One such case is the “Lata Singh vs. State of Uttar Pradesh” (2006), where the Supreme Court held that individuals have the right to choose their life partners irrespective of caste or religion. The court emphasized that honour killings are a violation of fundamental rights and ordered for the protection of couples facing threats.
In another notable judgment, the “Shakti Vahini vs. Union of India” (2018), the Supreme Court directed all states to take preventive measures to curb honour killings. The court emphasized the need for special cells to be set up in every district to provide protection and support to couples facing threats from their families. These judgments serve as a significant step towards addressing honour killings and protecting individuals’ right to choose their life partners.
Conclusion
Honour killings in India continue to be a grave concern, deeply rooted in societal norms and cultural practices. While there have been significant legal developments and judgments addressing this issue, more needs to be done to eradicate this menace from society. It is crucial to create awareness, challenge regressive mindsets, and ensure the effective implementation of existing laws. Only through collective efforts can we hope to create a society where individual choices are respected, and human rights are protected.
Significance of the Topic
The issue of honour killing in India continues to jeopardize the personal freedoms of her individuals. Despite various judgments where the right to personal liberty and right to choose partner of one’s choice has been recognized by the Supreme Court at various instances, the issue continue to haunt the Indian society. Time and again the issue framed the headline. This makes it a topic of contemporary relevance. Judiciary coaching in Jaipur, therefore, highly recommends this topic to be covered by the judiciary aspirants. Also, judiciary coaching suggests that the topic may be prepared with the essay perspective.
