Honour killing is killing a person , maybe a male or a female who
chooses her marital life according to his/her wish. Thinking about the honour of
the family , the supreme authority of the family looks about the reputation and
status of the family but forget about the love and affection towards the members
of the family. In the research paper, the honour killing in India and
the role of law in honour killing is defined. These matters happen because of
certain triggers of the society.
For instance, if the husband is of the lower
section of the society, it eventually reduces the status of the family which
induces the male member of the family to kill the girl. They should keep in mind
that their girl s life is more than caste and the caste is not important than
the love and affection towards their child. Therefore, no person can be left
free if they violate the rule of law.
Honour Killing In India:
Honour killing is basically an act of murder by the family
members . It is the dirty behavior of the members thinking about the purity of
their family instead of the life of one. It is done to eradicate the dishonour
and shame brought by family member. The male member or any family member kills
the one who looks to love the person not matching with their social status. We
can also say that it is a pre-planned murder for which caste and religion are
the main reasons.
We have gained our independence and now after more than 70
years some people think the cast more superior than the life of a child . India
is a democratic country where every citizen has right to equality and right
to life as well. But here we see that caste, society and narrow minded thinking
of the people led to this shameful act of Honour killing.
Mostly these types
of acts are caused due to trigger done by the relatives, society, neighbours by
whom the accused fells dishonoured and gets provoked. In all over the world,
women proved themselves equal to men but when it comes of honour killing then
these occur mostly with female who are assumed for sexual and marital offences.
In situation everyone should be a support for that particular member are against
her and brings the situation where they should not exist.
Caste and status are the main reason for honour killing in present time. This
study target to educate the society and bring out the seriousness of the crime Honour killing
The aim is:
1- To understand honour killing as the serious crime .
2- To study the role of law in honour killing.
3- To educate the society about the consequences of Honour Killing.
Honour Killing In India:
Honour killing is the act of shame cause to one member of the family by the
other members . The term Honour killing is also defined as shame killing .
This act of killing a person happens when he/she does not accept for arranged
marriage or marrying a person of different caste/religion or a person
disapproved by the particular family. In India from the olden days it has become
a practice. The shameful act is done to those who performed inter-caste marriage
or marrying to a person of other religion.
This type of activity is brutal and unlawful. In India where we talk about the
largest constitution and biggest democracy of the world to have fundamental
rights and right to life as well, the study shows that the honour killing
has become a spreading crime in our
country. It has become a common practice in india. Supreme court has brought a
decision against honour killing which shows the act is illegal and punishable.
Killing or physical assult made over a girl or a women who marries to the boy
(disapproved by the family of that girl) is illegal. In india , the state of
Haryana, Punjab, Rajasthan and Uttar Pradesh contain more cases of honour
killing . The study shows that these type of cases are increasing year by year
in northern India. A large number of honour killing cases occur every year in
India . This is very shameful for modern and developing India.
The prime factor of the crime is – majority caste members do not accept
inter-caste marriage to maintain the decorum of their caste or status of their
family in the society. Due to the complex socio-cultural problems the crime of
honour killing is divulging at the high rate. The honour killing also takes
place when the matter of same Gotra came.
The killing is done to restore the honour and respect which the family lost due to the one who was in love with the
person of different caste . In India several crimes such as Sati practice is
completely ban but here we have the numbers in cases of Honour killing whereas
both the crimes are committed only by triggering.
Role of Law:
Each and every citizen of our country has his own rights. According to the
Indian Constitution, rights are vested in every citizen irrespective of their
caste, religion and gender. The Constitution of India also states that India is
a secular State, where we have the right to adopt any religion and chose the
life partner of our choice as well.
Somehow the honour killing is similar to
that of homicide. Section 299 and 301 of Indian Penal Code, 1860 which means
culpable homicide amounting to murder because the act of killing the victim is
made with the intention to kill them to bring the honour of the family.
The Constitution of India talks about equalty before law under article 14 and
equal rights before law under Article 15 which means every citizen of India
would be treated equally before law irrespective or without any discrimination
of caste, creed, sex, race, and religion.
In case of honour killing the act is done to a female more than a male of a
family, which shows that there is no equality before law. A female is been
murdered which forms gender violation.
Article 19 and Article 21 of Indian Constitution deals about Right to Freedom
and Right to Life respectively. In the case of honour killing both rights of a
person is been violated . It is the right of a person to chose his/her life
partner. No person has the right to take away one s freedom and life.
According to Hindu Marriage Act, 1857- every citizen shall become major after
attaining the age of 18 defined in Section 3. As in case of honour killing there
is the violation of law . If a person is not accepting the marriage arranged by
her family, then anyone have no right to kill that person in the name of the
dishonour to the family.
One of the landmark judgment on Honour killing.
Manoj –Babli Case 
Manoj and Babli were the victims of the case. They had loved each other and thus
eloped and got married to each other. The family members on knowing this got
furious and found the victims. The family had taken the case to the khap
panchayat who initially stated that any person who has contact with the victim
would have to pay 25,000 and hence no person should contact them. After finding
their whereabouts, the family had brought them before the khap panchayat who was
also against the marriage.
They gave the decision against the victim because the
victims belonged to different caste. The decision was religious- caste based for
the interest of the society. The khap panchayat was also the accused who
involved in killing of the victim due honouring of the family. Relatives of
babli were involved in the murder as babli's grandfather was the khap leader.
Nevertheless, the victims were abducted and killed by them.
However, when this matter went before the court of karnal
district, they had sentenced five perpetrators who were involved in the murder
to life sentence. This is the first honour killing case hitting as landmark
judgment on giving life sentence to the accused of honour killing. The driver
who involved in the abduction was sentenced to imprisonment of seven years.
Honour killing is also considered as the most serious offence.
Shakti Vahini v Union of India, 2018
The State of Jharkhand has filed its response stating, inter alia, the measures
taken against persons involved in such crimes. Apart from asseverating that honour killing is not
common in the State of Jharkhand, it is stated that it shall take appropriate
steps to combat such crimes.
A counter affidavit has been filed on behalf of NCT of Delhi. The affidavit
states that Delhi Police does not maintain separate record for cases under the
category of Honour Killing
However, it has been mentioned that by the time
the affidavit was filed, 11 cases were registered. It is urged that such cases
are handled by the District Police and there is a special cell functioning
within Delhi Police meant for serious crimes relating to internal security and
such cases can be referred to the said cell and there is no necessity for
constitution of a special cell in each police district. Emphasis has been laid
that Delhi Police has sensitized the field officers in this regard so that the
issues can be handled with necessary sensitivity and sensibility.
of Women and Child Development has also made arrangements for rehabilitation of
female victims facing threat of honour killing and efforts have been made to
sensitize the society against commission of such crimes. A circular dealing with
the subject Action to be taken to prevent cases of “Honour Killing” has been
brought on record.
The State f Maharashtra vs Eknath Kisan Kumbharkar 
It was further held that honour killings have become common place in many
parts of the country, particularly in Haryana, western Uttar Pradesh 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.
held in Lata Singh case that there is nothing "honorable" in honour
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 the 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".
 Smt. Chandrapati vs State Of Haryana And Others on 27 May, 2011
Ishant Bhardwaj - K.R. Mangalam University