DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY

SUBJECT:
CONSTITUTIONAL LAW
PROJECT
ON
HONOUR KILLING
Submitted to:
MR. C. M. JARIWALA SIR
(Law Professor)

Compiled by:
Avinash Ranjan
B.A. LL.B. (Hons.)
Roll no.39
III Semester

HONOUR KILLING: A DEFINITION

The "honour killings" are murders done by families on family
members who are believed to have brought "shame" and a blot
spot on the family name and respect.
This "shame" could be caused by a person refusing to enter
into an arranged marriage or for having a relationship that the
family considers to be inappropriate.
Honour killing is defined as a death that is awarded to a woman of the family
for marrying against the parents wishes, having extramarital and premarital
relationships, marrying within the same gotra or outside ones caste or marrying
a cousin from a different caste. We have had a tradition of honour killing. This
tradition was first viewed in its most horrible form during the Partition of the
country in between the years 1947 and 1950 when many women were forcefully
killed so that family honour could be preserved. During the Partition, there were
a lot of forced marriages which were causing women from India to marry men
from Pakistan and vice-versa.
An honour killing is a murder committed against a woman for
actual or perceived immoral behaviour that is deemed to
have breached the honour code of a household or community.
These so called honour codes are the product of deeply rooted
patriarchal social and cultural prejudices, according to which
women are taken as the responsible person for bearing all
respect and honour of their family, while male members of
society are not bound by the same degree of rules and
expectations.

EVIDENCES OF HONOUR KILLING

While the media tends to present so-called honour killings
which have the most dis-honourable intention of causing harm
to women as predominantly prevalent in Muslim countries,
documented cases from around the world testify to thousands
of women being murdered every year in the name of family
honour. The United Nations Commission on Human Rights

acknowledges that so-called honour killings have occurred in

Great Britain, Brazil, India, Ecuador, Israel, Italy, Sweden, and
Uganda as well as in Muslim nations such as Turkey, Jordan,
Pakistan, and Morocco. In Latin America, crimes of passion
committed by men are not classified as murders and are
instead treated leniently or completely excused. The abuse of
womens human rights cuts across boundaries of culture and
religion.1
Honour killings were reported mostly from areas where khap panchayats were
active and out of the 560 cases where couples were threatened, 121 persons
were killed. Violence and threatening of couples have been reported both from
rural and urban areas and from almost all sections of society. The reaction to
inter-caste marriages is much stronger and violent when the girl marries a dalit
or into a lower caste than her own. The study revealed that in 88.93% of the
total 560 cases surveyed, perpetrators of the crimes were from the girl's family.2
These killings of women are a grave and serious violation of International
Human Rights Law. They are disturbing examples of how local laws and
customs, embedded within highly patriarchal value-systems, consistently assign
more guilt to women than to men in any act perceived to violate norms of
sexual and moral behaviour. Women constitute the vast majority of all known
victims of violent punishments such as stoning, whipping or other abusive
punishment for alleged sexual transgressions. as predominantly prevalent in
Muslim countries,3 documented cases from around the world testify to
thousands of women being murdered every year in the name of family honour.
The abuse of womens human rights cuts across boundaries of culture and
religion.
Khap panchayats have really been ruling the roost lately in the country. The
media, political elite and the intellectual class...everybody have been talking,
discussing and writing on this issue. But what is unruly truthful is that all of
1 According to The United Nations Commission on Human Rights
2 The study commissioned by the National Commission for Women (NCW) and conducted by NGO
`Shakti Vahini'
3 Katherine Zoepf reported in the New York Times, (September 23, 2007)

them have been discussing one side of the coin. While everybody has been
talking about the killings they ordered, nobody has really tried to go into the
origin and concept of the Khaps.The existence and origin of khaps are guarded
by very old traditions. But the real and powerful times began during the english
rule. Since solving all problems and cases that came up in daily life put huge
burden on the judiciary, so the english-men encouraged the khaps which used to
solve the local problem with swift action and without any major dissent from
the dissident parties.
Even today, there are lots of local dissents and cases which are solved at the
level of khaps and don't add on to the existing files in our slow moving courts.
Such an arrangement is good as it solves a plethora of household problems
while satisfying all involved parties and putting an end to the dispute.
Despite whatever good job they might be doing or support they must be
enjoying, nobody gives them right to take lives of people who have done
nothing wrong under the law of the land.

HONOUR KILLING AGAINST HUMAN RIGHT

AND RIGHT TO LIFE
Honour killings are an extreme and brutal abuse of human
rights, violating the most basic of human rightsthe right to
lifeas well as every other article in the International
Convention on Human Rights (1948). The presence of laws that
treat honour killings leniently is also a brazen disregard of the
International Convention of Civil and Political Rights (1966),
protecting individuals against the use of the death penalty
except for the most serious of crimes. Honour killings are an extreme
and brutal abuse of human rights, violating the most basic of human rightsthe
right to life.
Ours is a free and sovereign nation where each and every citizen has got the
right to live his life the way he wishes and marry and follow other customs as he
prefers. These are the basic fundamental rights of the land and not out-lawed by
the constitution and this spirit of our democracy must be respected and
enforced.

This is also against the right to equality as women4 are killed and discriminated.
This also create discrimination on the basis of caste that you cant marry in any
other caste or lower caste. This also infringe the Right to privacy and Right
freedom of speech and expression.
If it is affecting the number of funadamental rights so it should be given the
name of fundamental wrong.

RELIGION CULTURE AND TRADITION ;a

catalyst of honour killing
The immemorial culture,customs and traditions are really very
precious,sacred and binding to everyone.Its agood thing to
preserve and forward it to other generation.But in the blind
superstition of preserving it dont go to such extent that it may
infringe or completely violates ones constitutional rights.It is
also written that if any custom go against any constitutional
provision that it becomes invalid and punishable.
There is no excuse for the killing of women in the name of any religion,
culture or tradition.Religion and culture cannot and must not be invoked
as excuse for the killing of women, because religion and the laws which derive
from it are always subjective interpretations. Culture is not static, but constantly
re-created and re-defined by the various interests of groups in positions of
power in a society at any given time. There is no excuse for the killing of
women. Murder is a brutal violation of the most basic human right the right to
life and any practice which harms women or impinges upon their agency and
autonomy contradicts fundamental rights, such as the right to security; the right
to freedom from violence; from inhuman, degrading treatment and punishment;
from terror; the right to choose a marriage partner; and the right to not face
discrimination under the law. As long as impunity exists, the misappropriation
of culture and religion will continue to threaten womens safety. As we are
heading towards the catagoery of developed countries as our constitution
provides no indiscrimination between any caste and breed, religion , male and
female as both have equal Fundamental rights in the society but the cases of

4 Convention on the Elimination of All Forms of Discrimination Against Women (1979).

honor killings are a curse in the modern society .We should shun our orthodox
concepts .5
No culture has the right to kill and harm women based on their perceptions of
morality or honour. The freedom of belief does not mean freedom to kill.
Honour killings are a brutal

EXISITING LAW AND PROVISIONS

There has been many sections under I.P.C. that have been
effecting in prevention and control of such crimes. They are as
follows -:
Sec 209-304-: Penalizes any person guilty of murder and culpable
homicide not amounting to murder. The punishment for murder is life
sentence or death and fine. The punishment for culpable homicide not
amounting to murder is life imprisonment or imprisonment for upto 10
years and fine.
(2.) Sec 307 - Penalizes attempt to murder with imprisonment for upto
10 years and a fine.
(3.) Sec 308- Penalizes attempt to commit culpable homicide by
imprisonment for upto 3 years or with fine or with both.
(4.) Sec 120 A and B- Penalizes any person who is a party to
a criminal conspiracy.
(1.)

(5.) Sec 107-116- Penalizes persons for abetment of

offences including murder and culpable homicide.
(6.) Sec 34 and 35- Penalizes criminal acts done by several
persons in furtherance of common intention.
(7.) Sec 300-

5 HONOR KILLING'S A CURSE IN THE SOCIETY By: RAJAT KUMAR MOHINDRU

.JALANDHAR CITY Punjab.

HONOUR KILLING AND THE NEED FOR NEW

LAW
Arguments favoring new lawMaking the crime of honour killing a separate
offence would help bring more clarity for law enforcement agencies.6
One of the proposals is to amend the Indian Evidence Act to put the burden of
proof on the accused. Thus, the khap panchayat or the family members would
be responsible for proving their innocence. There would be joint liability under
the proposed new law. Having a special law can be deterrent. And here is when
comes the recent dispute and controversy regarding the ordering of honour
killings and the demand of declaring the intra-gotra marriges illegal under the
Hindu Marriage Act

(1.) Arguments favouring new law making the crime of honour

killing a separate offence would help bring more clarity for law
enforcement agencies.
(2.) One of the proposals is to amend the Indian Evidence Act to
put the burden of proof on the accused. Thus, the khap
panchayat or the family members would be responsible for
proving their innocence.
(3.) There would be joint liability under the proposed new law.
The khap panchayat (or any group ordering honour killings and
the person who carries out the killing would be jointly liable for
punishment.
(4.) Presently there is no definition of Honour Killing/ crime or
clarity.
(5.)Protection powers to the magistrate at the District level
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.
6 government intends to bring a law on the matter in Parliament, Home Minister
P Chidambaram

CONCLUSION AND CRITICAL ANALYSIS (My

opinion)
New law will provide mandate for special police cell in each
district to provide protection to couples.
New law comes with a institutional machinery and the required
coordination of all stakeholders. It will also mandate the
different state government and the Centre to work on
sensitization of the law enforcement agencies. The new law will
mandate social initiatives and awareness to curb such violence
through social means.
The problem is not just that honour killings are illegal and indefensible, and that
they do not belong to a civilised society, where women and men are considered
equal, where human rights are considered an entitlement, where the rule of law
has overtaken the culture of honour, where public justice prevails over revenge
and private retaliatory measures, and where violence is outlawed as a mode of
conflict resolution. The problem is not just that stopping honour killing is a
huge undertaking, as it is peer-enforced; it is precisely because of community
pressure that family members feel compelled to act against the alleged female
perpetrator. As it happens, not only is the killer not condemned by his milieu, he
is forced by it to commit the killing. The notion of honour relates self-worth to
the esteem bestowed upon one by the peer group; it is not enough to behave
honourably to acquire honour, it must also be acknowledged as such by the
community. And thus, contrary to the judicial trial, where the defendant has to
be proven guilty through a rigorous evidential process, losing honour needs no
proof, no evidence a rumour, mere hearsay, is enough to tarnish it. The
defendant is given the prejudice, rather than the benefit, of the doubt. Honour is
lost the minute it is even considered to be blemished, and not to restore it
through violent means would be to forfeit it. It does not really matter whether
the person who challenges ones claim to honour is incorrect, as it is ones
response to it that will be the real proof.
Now this is very disturbing. Very often, in discussions on honour killings, the
implicit or explicit stance is that killing in the name of honour is wrong, but
honour itself is a positive, important value, which holds the community

together, ensures its dignity and stability. Ideally, the argument goes that we
should keep honour and eliminate the killings made in its name.
It is very important that we put a stop to such dictatorship and
inhuman and uncivilized orders and treatments meted out to
people. Everything which is good has to know its limits and the
khaps need to realize that they are nt beyond the law of land.
All such cases should be properly investigated and the guilty be punished to set
an example for others who dare think of such atrocities. We can not stick to the
same old traditions and customs which used to prevail.
But according to me to a certain extent honour killing is good.Because honour
and respect are being things and once lost cant be gained again.Honour killing
is a lesson to certain characterless and sameless girls and boys who are the bad
elements of the society.Where it is a custom it helps to bring unity and stability
between the communities bringing everyone on same platform. Parents are
whole and sole responsible for their wards so going against them is also not
good,specially when it comes to important thngs like marriage or love. If it
comes to take vote there also we see that some people who are against the
honour killing became the supporter when we talk about intercaste marriage.
But sometimes killings are done not because of honour but due
to their private interests, revenges,rivalaries and giving it the
name of honour killing.But i will say that if there is any part of
body get poisoned then it should be cut and removed
immediately before t get spread and destroy the whole body.

BIBLIOGRAPHY
Websites:www.google.com
www.wikipedia.com
www.manupatra.com

URLs:http://www.legalserviceindia.com/articles/21_art.htm

http://students.indlaw.com/display.aspx?3859

http://www.combatlaw.org/information.php?
article_id=972&issue_id=35

Books and reporters referred:-

Jain, M.P.(2005) Indian Constitutional Law, ed.fifth,

Wadhwa and Company, Nagpur
Bakshi, P.M. (2006) The Constitution of India,
ed.seventh, Universal Publishing Co.Pvt.Ltd., New Delhi
Seervai,H.M. (2004) Constitutional Law of India,
ed.fourth, Universal Publishing Co.Pvt.Ltd., New Delhi
Shukla,V.N. (2005) Constitution of India, ed.tenth,
Eastern Book Co.,Lucknow