The term ‘honour killing’ is being used widely to describe the class of murders that family members commit while seeking to impose on young couples their medieval view that all marriages should be within their community. The use of murderous violence in the face of imagined threats to family or community honour is an unfortunate reality in most parts of the country.

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Causative factors:

• The incidences of honour killing are common in the northern states of India such as Punjab, Haryana and Uttar Pradesh. Honour killing also widespread in South Indian states and the western Indian states of Maharashtra and Gujarat.
• The basic reason behind honour killings is the idea that a family’s honour is tied to a woman’s chastity.
• A wide range of causes can trigger honour killing such as marital infidelity, pre-marital sex, having unapproved relationships, refusing an arranged marriage or even rape.
• In India, honour killings 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.
• Danger of losing Prestige and Status in society: A person’s ascribed status is more important than the achieved status.
• Another characteristic of honour killings is that the perpetrators often do not face negative stigma within their communities, because their behaviour is seen as justified.

Need for a comprehensive law:

• Honour killing violates article 14, 15, 19, 21, 39 (f) of the constitution.
• According to National Crime Records Bureau (NCRB) figures released in 2018, a total of 28 cases in 2014, 251 cases in 2015 and 77 cases in 2016 were reported with motive as honour killing.
• In Past five years in Rajasthan, 71 cases of illegal diktat given by ‘Khap Panchayats’ (caste councils which function like kangaroo courts) were registered and 10 cases of honour killing occurred in which four men and eight women were killed.
• Honour killing cases have increased in the past few years and have become a hurdle in societal development.
• Sections of the IPC and the CrPc were not adequate in dealing with such cases.
• Such crimes are also in violation of the United Nations Convention on the Elimination of all forms of Discrimination against Women which provide that women should have the right to freely choose a spouse.
• These actions of honour killing are also violative of certain fundamental rights in the Constitution of India, including the right to life, and liberty which includes the right to bodily integrity, and the right to choose whom to associate with

Challenges to the law:

• The death penalty award for honour killing doesn’t deter perpetuators as seen in previous instances.
• The existing penalty for the offence of murder is sufficient if they are implemented strictly and effectively.
• A new set of laws would not deter honour killings because the basic issue is social sanction for acts committed to curtail same gotra marriage, inter-caste marriage, inter-religion marriage.
• Need for creating awareness among traditional communities through education.
• Holding khap panchayats collectively accountable can be detrimental to members who do not support such killing.
• Also, it could be misused for vindictive agendas.

Laws which exist to prevent such practices:

• Section 302 of IPC: Perpetrators, family members & khap panchayats can be punished under it.
• Special Marriage Act 1954: specially enacted to prevent atrocities arising out of marriages in India.
• Protection of Human Rights (Amendment) Act 2006: to protect individual & constitutional rights of citizens.
• Protection of Women from Domestic Violence Act 2005: to protect against violence occurring within the family.
• Article 14, 15(3), 19, 21: India has signed various international conventions like Human Rights, ICCPR, UN CEDAW

Way forward:

• Administrators must give full effect to the various preventive, remedial and punitive measures recommended by the Supreme Court.
• The Centre may also examine the need for a comprehensive law to curb killings in the name of honour and prohibit interference in matrimonial choice of individuals.
• Media play a more crucial role in expressing their views in the front of whole of society, without any fear, even there is a right of freedom to express is also given in our Constitution.
• It is necessary to improve sex ratio in the areas where females low in number and still practicing the female foeticide like Haryana, UP, and Punjab.
• Literacy must be enhanced to curb this menace.
• The laws should be clear and issues related to the validity of the Khap Panchayat should be clear to people.
• There should be a provision of one or two women sitting in the Khap Panchayats so that equality right also follows.
• It is imperative for the state to focus on such programmes and projects which help in gender equity.

Conclusion:

The Supreme Court, which has been intervening repeatedly to preserve the freedom of marital choice of individuals, once remarked that there is no ‘honour’ in ‘honour killing’. Various judgments have highlighted the need to come down on such crimes, as well as the social structures that keep such a communal outlook alive.