Honour Killings and Law in India (original) (raw)
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Study on Honor Killing as a Crime in India-Cause and Solutions
The article aims at highlighting the legal provisions to tackle crime of honor killing. The introductory part gives a side glance of what is honor killing and which acts are considered dishonorable by the community or family. Certain behavior of individuals and acts may become reasons for him or her to be killed by his or her own family, especially by male family members or the community. The next part describes various legal provisions in the Indian Constitution, which can be used to put a stop to these honor killings in the country. These laws can be used as a tool to put behind bars the Khap Panchayat members who give orders of killing individuals for honor's sake. The next part defines the international provisions related to the honor crimes to which India is a signatory member. The paper questions as to why despite all these provisions killings are rampant in the present times. " Violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men to the prevention of the full advancement of women…. " (The United Nations Declaration on the Elimination of Violence against Women) 4
Honour Killings in India: An Unhonoured Crime
Journal of emerging technologies and innovative research, 2019
This paper initially begins with discussing the term "Honour killing", as there is no honour in doing or committing such a heinous crime, just to prove the image or goodwill of the family in-front of the society, in order to survive amongst the other members of the society. The term "honour killing" is defined as, "an act amounting to murder or homicide, which is committed upon one of the member of the family, which brought shame or dishonour to the family, through her act of going against the will or wish of the family". Further, the paper moves onto discussing the factors or causes behind the execution of such an act, as it is totally an unhonoured crime, and the offenders of such an act, are liable for the punishment and penalty provisions, laid down in the Section 302 of Indian Penal Code. Finally, the paper concludes by mentioning or recommending various different changes or extensive reforms required for amendments within the current laws, for the safety and security of the citizens of India, as everybody has the fundamental right of living free as per their will; wish and command.
Sociology International Journal, 2018
Abstract Honour crime is a vintage crime which still holds its place in today’s society inspite of the modern mindset and advance thinking. Honour killing is the most aggravated form of honour crime which is prevalent almost in all the societies of the world with variation in its statistics. Laws in some countries have totally banned honour killing and is regarded as one of the heinous crimes. As far as India is concerned it has no proper and accurate law to deal with such crimes, because of which a big lacuna has been developed in the Indian legal system. Jammu and Kashmir is also following the footsteps of India and its legal system is also silent about such a terrible crime which is done on the name of honour. In this paper an attempt has been made to highlight the statics relating to the aspects of honour killing like how people react to it? What law is? What law ought to bean many other questions which are important to deliberate upon for analysis of this problem?
HONOUR KILLINGS IN INDIA: A SOCIAL STIGMA
isara solutions, 2018
India has attained a great advancement in every sphere of activity. Society has changed gradually with emerging socio-economic developments by adopting the pragmatic approach. Equal rights to the women vis-à-vis men are being ensured at every level in our progressive society. But, still very often we hear that young boys and girls are being killed in the wake of saving the honour of the family or society. Such incidents are reportedly increasing particularly in the northern region of the country. Honour killings are a blot on the society and it shows the feudalistic mindset of the perpetrators responsible for such killings. Every year, nearly 1000 young couples are being subjected to such killing in the name of honour. Mostly females are the victims of these killings, owing to the patriarchal structure of our society. These killings are against the constitutional provisions, which emphatically talks about equality, liberty and fraternity. The objective of the present paper is, therefore, to study and analyze the honour killings in India, which is tarnishing the image of Indian society. An attempt has been made to trace the history and examine the possible causes of these killings. The present study is doctrinal in nature and is based on secondary data gathered from various sources such as books, journals, reports etc.
Honour Killings in India: A Study of the Punjab State
The present study has been conducted through the documented case study as well as the content analysis methods. The study depicts that intolerance of the families to the pre-marital relationships and matrimonial choices of their daughters especially towards inter-caste marriages results into the honour killings. The extent of these causes, resulting into elopements and unpermitted love-marriages further aggravates the situation. The study further observes that in noticeable number of cases honour killings are executed as crimes of passion aroused by sudden provocation when the couples are caught in compromising situations by the family members of the girls. Besides fathers and brothers of the girls, there are direct involvements of their mothers, paternal and/or maternal uncles, family friends and even contract killers into the murders. It has been observed that the centuries old conformist mind set prevailing in the patriarchal society does not accept the girls to establish pre-marital relations or to find males of their own choices to marry with. The patronage of the community and the leniency of the law have made the honour killings frequent trend which possesses socio-cultural legitimacy as well. Therefore, besides constituting rigorous laws and rigid punishments to counter the problem, it is immediately required to change the mindset of the bigoted patriarchic societies to become tolerant towards matrimonial choices of their daughters especially towards inter-caste and inter-religious marriages.
'Honour Killing' the Menace - A case study in Tamil Nadu
Honour killing (inTamil,Gowravakkolaigal) have been considered as a cultural phenomenon practiced by most of the countries. This crime rate in India is more than thousands per year. There are various reasons why family members decide to kill their daughter and son in the name of maintaining their family honour. The most obvious reason for this practice is the caste system. Historically there were many issues in India and Tamil Nadu about the inter-caste marriage. The fact that the caste hierarchy continues to be at its stiff and the people from the rural areas refuse to change their bad notion. Hence, Prevention of honour killings will definitely decrease the number of victims and objective of this case study is focused about inter-caste marriage between Dalit and other communities, and also attempt to eradicate the caste notion from people mind and to take legal action to protect the couple and lovers who ever getting inter-caste marriage.
In the Islamic Republic of Pakistan, hundreds of women are killed every year in the name of honour. Such a barbaric and inhuman custom has existed in the subcontinent for many centuries yet under the pre-colonial criminal justice system of India; the perpetrators of such killings were dealt with like the other offenders of murder; without any exception or impunity from prosecution and punishment. However, it was the Indian Penal Code drafted by the British in 1860 that brought in the tradition of treating the offenders of honour killings with leniency and latitude. In 1990, Pakistan introduced its version of 'Islamic' criminal law which allowed for compromise between the parties of a murder case. The 'new law' reconceptualised the law of culpable homicide and murder in this country. Under the 'new law' the offence of murder was not defined as a crime against the legal order of the State but as against the legal heirs of the victim. Since in most honour related crimes the women are killed by their own family members, the new law provided a virtual immunity to the culprits of honour killings. During the past few years, thousands of men and women have been killed in honour-related crimes. This piece of research surveys the history and escalation in honour killings after the enforcement of Islamic criminal law in Pakistan. It also argues that it is not the Sharia that encourages such killings but rather the misunderstanding and misapplication of the Sharia that abets and allows such a practice and fails to deal with its perpetrators effectively.
‘Honour’ killing in India: A Psychological analysis
This is a Research Paper based on an exploratory study done by the Research Scholar which explores different psychological aspects of ‘Honour Killing’ based on the reports, research studies and anecdotes published and observations made with an intensive approach on the concept. It is a study designed to identify and research different psychological dimensions like ‘Culture’, ‘Attitude’, ‘honour’ ‘Belief’ ‘Morality’ etc and its bearing on ‘Honour Killing’ based on the conflict between the individual and the family due to various reasons like choice of sexual/marital partner, Education and employment, Dress, Behaviour and contact with the opposite sex, Sexuality, General conformity to the family and community’s culture and expectations. This exploratory study was carried out as a qualitative research under Indian scenario based on secondary data available on the area which also included basic references on international incidents on the same. The research enquiry focused on several research questions: What is ‘Honour Killing’ and its various types?; How the psychological aspects of ‘culture’, ‘honour’, ‘morality’, ‘attitude’ and ‘belief’ are connected with ‘honour killing’?; Why the above said psychological concepts in human beings are more stronger than the other psychological concepts in them like ‘feelings’, ‘emotions’, ‘sentiments’, ‘humanity’ and other social traits when they commit homicides in the name of ‘honour’?. Why people are inclined to obey and follow biased and communal based ‘Khap’ Panchayats instead of the existing legal and Constitutional provisions and systems in the Country while treating issues or incidents? The study points out how the multifarious psychological aspects influencing ‘honour killing’ and to what extent it creates panic and havoc in the society which deter the stability of social life thereby ends life of many citizens in a nation as well as affects the development of a nation.
Honour Killing – Crime against Mankind
IOSR journal of humanities and social science, 2013
Honour killing means the issue of killings of couples who marry within the same sub-caste or against the wishes of their parents. Immediate attention needs to be paid in this area which is one of the neglected areas. Law needs to be used as a weapon in bringing about a social change. What is needed is a firm decision by the government for a separate law. There is paucity of research studies in this area. The networking of the police, judiciary, government, non-governmental organizations, human rights activists, sociologists, social workers, and psychologists is to be done in order to mitigate this social evil. Honour killing cannot be accepted in the name of culture or tradition. Honour killing is unjust and inhumane action. It is crime against mankind. The murderer of that type deserves severe punishment. Hence it is needless to say that lot of efforts need to be made in order to mitigate this problem lest the problem goes out of control. Keeping this in background this paper is presented.
Gender-based 'Honour' Killings in Northern India: A Feminist Perspective
Every year more than a thousand women are being murdered in the name of 'Honour/Respect'. The Constitution of India has guaranteed the right of every citizen to life and to live with dignity. Social and cultural pressures cannot infringe on the right to live with dignity in society. But as killing in the name of family honor is illegal, the law has provided provisions to deal with these unfair practices. The purpose of this paper is to explain the underlying reasons for the incidents of 'honour' killings, and to find out why many cases of 'honour' killings go unreported, due to which criminals are usually able to escape punishment. This research aims to investigate the crime of honor killing by detailing its close association with cultural norms for women's sexuality. This research seeks to address the current dilemmas of balancing multiculturalism and diversity in North India on the one hand and counteract the highly violent cultural reactions, which are a clear violation of Indian laws.