1

CHAPTER - 1 INTRODUCTION
1. Honour Killing Killings and other crimes in the name of honour are still commonplace across the world. Such honour killings are defined as the murder of a family or clan member by one or more fellow family members, where the murderers (and potentially the wider community) believe the victim to have brought dishonour upon the family, clan, or community. This perceived dishonour is normally the result of (a) Utilizing dress codes unacceptable to the family (b) Wanting out of an arranged marriage or choosing to marry by own choice or (c) Engaging in certain sexual acts. These killings result from the perception that defence of honour justifies killing a person whose behaviour dishonours their clan or family. "Honour" crime involves violence, including murder, committed by people who want to defend the reputation of their family or community. Honour violence occurs worldwide, from South America to Asia. The exact figure of how many men and women have been killed in the name of 'honour' is unknown. Not all countries keep official statistics and it's a crime that can be difficult to detect. But it's believed that the number of deaths is in the thousands. In 2000, Asma Jahangir, a UN special rapporteur, reported that the practice of honour killings was growing. There is concern over a rise in 'honour suicides' in Turkey since the sentence for 'honour' killers increased in 2005. The tougher punishments may have inadvertently contributed to more female suicides occuring at the instigation of men who want to avoid longer imprisonments.1 None of the world's major religions condone honour-related crimes. But perpetrators have sometimes tried to justify their actions on religious grounds. "Honour crime happens across the board in the Asian community," says Ram Gidoomal of the South Asian Development Partnership. "People try to blame Muslims, Hindus or Sikhs but it tends to happen in families where there are the strongest ties and expectations. It's a very strong cultural issue." Leaders of the world's faiths have also strongly denounced a connection between religion and honour
1

Retrieved from www.bbc.co.uk/ethics/honourcrimes, Honor crimes on 06/04/2011.

killings.2 In parts of northern India and even in Muslim-dominated nations, horrific punishments in the name of honour ranging from rape to murder, are not uncommon. 2. Khap Panchayats The caste panchayat or the Khap is the body consisting of a few village fanatics. They believe that same clan marriages, i.e. intra-gotra marriages are incest and thus should be done away with. Khap panchayat imposes its writ through social boycotts and fines and in most cases end up either killing or forcing the victims to commit suicide. All this is done in the name of brotherhood and honour. It is due to the inherent weakness of the democratically elected Panchayati Raj institutions, Khap Panchayat have been powerful. There are various reasons for the Khap panchayat being powerful among them the most important one is that people do not know there rights and the law enforcing and protecting them. The caste panchayats sit in judgement on matters of marital or domestic discord or on issues relating to land. Often, villagers give precedence to the judgement of a caste panchayat rather than that delivered by the legal panchayat - a constitutional body of men and women elected by villagers to decide local issues. While most such crimes go unrecorded, AIDWA warns that honour killings are on the rise in India. In Muzaffarnagar, the worst affected district of Uttar Pradesh, 13 cases of honour killings were reported in the first nine months of 2003, up from ten in 2002. Some 35 couples were also declared missing during this period.3

CHAPTER-2
2 3

Retrieved from www.bbc.co.uk/ethics/honourcrimes on 06/03/2011. Retrieved from www.hindustantimes.com on Honour killings on the rise in India: Women's group on 13/03/2011.

HONOUR KILLING IN THE INDIAN CONTEXT

Honour killing is a social evil, still prevalent in India after 60 years of independence. Not only does it disintegrate, but also shows that the people are still clinging to inappropriate societal norms which are a threat to the national prosperity. Nearly 70% of the nation resides in rural and semi-rural areas. When only a minuscule portion of the population is enjoying the benefit of modernisation, science and rational thinking how can we term ourselves as a great nation. Every five year a new Prime Minister and his council prepares a list targets, but why is it that nowhere it is ever mentioned to resolve the problem of honour killing. In India honour killing has got a deeper meaning and serves a different motive in our villages. Honour killing is murder of womenfolk by family members, generally male, who are obligated by social pressure to remove stains on their familys honour. A woman can tarnish the family honour due to several reasons like refusing an arranged marriage, eloping with her beloved, being the victim of sexual assault or just because she wants a divorce out of an unsuccessful marriage. This is not one of the predicaments which women in India face. There have been various other social evils such as sati prathan, burning of wife on her husbands pyre, child marriage, domestic violence, dowry killing, etc. The position of the Indian woman has always being in jeopardy. Many governmental and non-governmental organisations have taken a step against each of them. In many cases they tasted success but it was still bitter. Similar is the case of honour killing. It is has been existing from time immemorial in India but the number of cases reported are a handful. The reason is that in villages nobody wants to be a witness to the crime as they are frightened of being ostracized. It is generally the family members who commit the crime to remove the stain on their honour. The teenage brothers of victims are frequently directed to commit the murder because, as minors, they would be subject to considerably lighter sentencing if there is a legal action. Typically, they would serve only three months to a year. Honour killing is practiced or rather committed generally in areas related to different castes. These killings are generally advocated by a panchayat which is formulated on the footing of castes. This violence is committed in the name of saving the "honour" of the community, caste or family," says a leading Indian women's group, the All India Democratic Women's Association (AIDWA) in a resolution passed in the Indian capital, New Delhi4.
4

Retrieved from www.hindustantimes.com, Honour killings on the rise in India: Women's group on 10/03/2011.

In India, there has been a general aversion to accepting that crimes and killings in the name of honour are carried out. In reality, however, honour crimes are routinely committed in the name of protecting ones familys honour. Although there are many forms of honour crimes that are committed in the Indian context, this report focuses specifically on honour crimes committed in the name of caste honour, specifically in the northern states of Haryana, Punjab, Rajasthan and Uttar Pradesh. These crimes are often committed by self appointed caste or khap panchayats, which are public lynching, parading naked in the streets, rape, murder, forceful separation and divorce, shaving of heads and eating of human excreta and drinking human urine, etc. All these crimes are committed by the unconstitutional entity called the caste panchayat. The caste panchayats or KHAP panchayat, commonly referred to as in the state of Haryana and western Uttar Pradesh, constitute of few villagers from the so-called elite caste who primarily deny intra-gotra marriage. These are all-male groups of self-proclaimed guardians of caste interests and honour which have the support of the richer sections and enjoy political patronage. The caste panchayats function as a parallel judicial structure to which the elected panchayats are either subordinated to or co-opted by them. They are referred to as Kangaroo Courts; which are the sham legal proceedings and which are set-up in order to give the impression of a fair legal process. They basically oppose the intra-gotra marriages and are against modernisation. 1. Gotra Gotra is the lineage or clan assigned to a Hindu at birth. In most cases, the system is patrilineal and the gotra assigned is that of the person's father. This is because after marriage the women become the part of the gotra of their husband. Marriages within the gotra ("swagotra" marriages) are banned under the rule of exogamy in the traditional matrimonial system. People within the gotra are regarded as kin and marrying such a person is regarded as incest. There have numerous cases on caste panchayat forcing divorce, lynching, taking away of the child, issuing a diktat, public humiliation, social boycott, raping, shaving of head, stripping and paraded in the village, etc. But hardly any of these cases have been registered by the police. The khap panchayat makes sure not leave any evidence or witness. The fear of being ostracised prevents the villagers from coming forward and reporting the incidents to the authorities. "Females in the familymothers, mothers-in-law, sisters, and cousins
4

frequently support the attacks. It's a community mentality," said Zaynab Nawaz, a program assistant for women's human rights at Amnesty International.5 In Muzaffarnagar district of UP, notorious for such violence, two young persons were, on an average, killed every month for inter-caste relationships in the first six months of 2003 and 35 couples were declared "missing". It is estimated that around 10 per cent of all murders in Punjab and Haryana are honour crimes. The violence includes public lynching of the couple, stripping and parading of the girl in the village, revenge rape and other forms of violence. Those who support the couple could also face punishment6. The Union Home Minister, Shri P.Chidambaram in response to a Calling Attention Notice regarding increasing incidents of so-called honour killings and honour-related crimes in the country and the role of self-proclaimed panchayats therein made the following statement in the Rajya Sabha: Honour crimes are acts of violence, usually murder, mostly committed by family members predominantly against female relatives, who are perceived to have brought dishonour upon the family. Honour killings are rooted in antiquated traditions and social values. Since honour killing is not a crime classified separately under the Indian laws, no data is collected separately regarding this crime by the National Crime Records Bureau, and the same is covered under murder. Moreover, it is difficult to identify or classify an honour killing as such in any given community, since the reasons for such killings often remain a closely guarded private family matter. There is no separate law to deal with the crime of honour killing, and such crimes are dealt with under the provisions of the Indian Penal Code and are investigated and prosecuted as offences under the IPC/Cr. P.C. Police and Public Order are State subjects under the Constitution. The responsibility for dealing with enforcement of the laws pertaining to these two subjects, including prevention, registration, detection, investigation, prosecution and punishment of crimes against women, lies with State Governments.7 This report will primarily focus on the north Indian states of U.P., Haryana, Punjab and Rajasthan.

Retrieved from www.news.nationalgeographic.com, Thousands of women killed for family honor on 11/04/2011. 6 The Times of India, 14 April 2004. 7 Retrieved from www.indialawyers.wordpress.com, HOME MINISTERS STATEMENT IN THE RAJYA SABHA ON HONOUR CRIMES, 28/07/2009 on 12/04/2011.

Reasons/ Types: The major causes for honour killings in India are: 2.1 Honour killings for choosing a marriage partner Family members in almost all villages of Haryana, Punjab, Uttar Pradesh and Rajasthan believe it to be against the societal norms if the female member of the family chooses her own spouse. They take this independence of the woman as a stain on their family honour. 2.2 Honour killings of women seeking divorce Women are also killed in the name of honour when they seek a divorce through a unsuccessful marriage. In most villages people take it a matter of great shame if a couple has to seek a divorce and thus, the image of the family goes down in the society. 2.3 Honour killings with those who were raped When a woman has been raped she has already gone through turmoil and to make things worse she is killed either by her family or her community. It is considered a wrong on the part of the woman who got rape as it is considered that she should have known her place and shouldnt had come between men. 2.4 Fake honour killings because of bringing insufficient dowry Dowry is basically the money and property brought by the woman to her husband at marriage. Dowry system is another social evil which is much in practice. When a poor family of the girl is unable to pay the high demands of dowry by her in-laws, she is ridiculed and sometimes killed in the name of honour. Dowry is considered a tradition, failing to abide by which, leads to discrimination.

2.5 Honour killing for reporting domestic violence Women who report domestic violence to any authority are killed in the name honour. This is because women are expected to bear with whatever humiliation the in-laws cause her silently.
6

2.6 Killed for saving honour after death of husband After death of the husband, families kill women because they feel that the family honour will be tarnished when she will remarry someone else. 2. Honour Killings by Khap Panchayats There have been cases where police intervention was not much help either. In one of the cases the villagers lynched a man for marrying a girl of the same gotra as his own. Ved Pal was lynched by residents of his wife's village, Singhwal, near this town of Haryana's Jind district, 160 km from Chandigarh. Although there were policemen accompanying the victim and the court warrant officer, but the villagers surrounded the victim, who tried to escape, and lynched him. Ved Pal had married Sonia, 18, in March this year against the wishes of her family. Her family and villagers opposed the marriage saying that both belonged to the same 'gotra' (clan) and were hence brother and sister.8 In another case the khap panchayat went to the extent of abducting the baby from the married couple and were told to forsake their marriage vows and regard each other as brother and sister. In the mean while the baby was given to two families in the space of a few days to prevent its parents from learning about its whereabouts and claiming their child. The panchayat head said that the marriage was illegal and was against the social norms. The husband's family had also been fined Rs 65,000 for violating social norms and traditions, adding that the money would be used to bring up the child. And from the illegal to the absurd, the wife was forced to tie a rakhi - a thread symbolising the bond between brother and sister to her husband, accepting him as her brother.9 In the Hoshiarpur district of Punjab another case of brutal honour killing was reported in 2004. Geeta, a young Rajput woman married had married Jasveer a man from Jat Sikh community. Her husband was killed by her community two months after her marriage, his arms chopped off and thrown into his home as a gruesome message that caste-defined laksman rekhas are not to be broken. But at least she survives. In addition, in the last few

8
9

Retrieved from www.indianexpress.com, Till Khap Panchayats do them part on 13/03/2011.

Retrieved from www.infochangeindia.org, Haryana caste panchayat separates couple, abducts baby on 13/03/2011.

years the spread of the politics of religious intolerance has been reflected in violence against own choice marriages when the couples belong to different religious communities.10 In another incident, the Kadyan Barha k hap panchayat asked Ravinder Gehlout of Dharan village in Jind district to divorce Shilpa Kadyan as their marriage was in violation of social norms. When the brides parents rejected this verdict, the panchayat issued a diktat to the family to leave the village within 72 hours. Later Ravinder attempted suicide and is now undergoing treatment. The victims were living under the threat of the khap panchayat and the district administration was not able to provide appropriate protection to them.11 In similar incident in Agra, a nineteen year old girl, Gudiya along with her physically challenged lover Mahesh were brought back to the village after two days of escape and were hacked to death. There body parts were burnt and thrown in a drain. Their crime was they married against the social norms. The village elders had declared their marriage incest and had asked them to put an end to it.12 Nineteen-year-old Poonam was thrown into a canal by her Jat relatives in January this year, for marrying a Dalit boy. Fortunately, Poonam was rescued. In August last year, 24-year-old Ramesh was tied to a tractor and dragged around a village in Gujarat, before being hacked to death all because he eloped with a girl from his neighbourhood. Honour killing is a step resorted to in some Muslim countries too.13 In a conference/consultation hosted by AIDWA on the caste panchayat issue in New Delhi, chaired by Brinda Karat and Jagmati Sangwan many people who had been victimised by the inhumane caste panchayat narrated their versions of suffering. Rohtas Kumar from Jhajjar in Haryana. Rohtas Kumar, a Dalit, explained how his community was ostracised and humiliated by upper-caste Jats after two Jat girls eloped with a Dalit youth. He said that though it was clear to everyone that the girls had eloped on their own, a case of kidnapping was registered. The village remained tense as the caste panchayat of Jats announced a public boycott of Dalits. Essential supplies were denied to Dalits and they were prevented from

10
11 12

Retrieved from www.sacw.net, India: Price of Honour - Caste Panchayats as Instruments of Terror on 13/03/2011.

Retrieved from www.thehindu.com, NHRC notice to Haryana over caste panchayats on 13/03/2011. Retrieved from www.europe-solidaire.org, Caste Panchayats Getting Away With Murder, 13/01/2011. 13 Retrieved from www.ibnlive.in.com, Honour crimes not uncommon in India on 15/01/2011.

drawing water from the village well. Rohtas Kumar, who opposed such measures, was publicly flogged and had to pay a fine. "It was a choice between getting killed and facing humiliation," he said. More important, the girls who returned to the village died in suspicious circumstances. Prolonged harassment forced two Dalits, one woman and one elderly person, to commit suicide. From Badali Meham village in Rohtak district, Haryana, Kulbhushan Arya narrated how a girl was forced to consume poison after being denied the right to get married to a boy of her choice. The boy, on the other hand, left the village along with his family, fearing reprisal. Raj Narayan, from Bhawanipur district in Uttar Pradesh, narrated how his brother's wife was gang-raped and burnt to death by influential people belonging to the Yadav community of the same village, in a case of revenge. Her crime was that her son had eloped with the wife of one of the Yadavs. Raj Narayan, who belongs to the barber community, said that the Yadavs forced all the male members of the family to search for the couple and then in their absence assaulted his sister-in-law, Sia Dulaari. Since her house was locked from outside, the Yadavs, who shared a common wall, scaled it at night and raped her. Despite being told about Sia Dulaari's plight, the Station House Officer refused to do anything, he alleged. Zareena, secretary of AIDWA's Uttar Pradesh unit, said that while such incidents occurred in various parts of the State, Muzaffarnagar district accounted for the majority of them. She said that revenge rape, public killing and lynching were prevalent and several murders passed off as suicides.14 In another case in Haryana, in the village of Assanda, the village panchayat issued a Diktat declaring that the two should annul their marriage and declare themselves brother and sister. The village panchayat made Rampal, the husband, sign an agreement to this effect after threatening him and his family with dire consequences if he refused to accept the panchayat's decision. Rampal has told the media that he was forced to sign the divorce papers and accept Sonia as his sister by Naresh Sharma, sarpanch of a neighbouring village, and his associates. The sarpanch, who led the group to Sonia and Rampal's house, told them about the 'panchayat's fatwa' and threatened to kill Rampal and his family if he did not comply with the decision.

14

Retrieved from www.islamawareness.net, Murder for `honour' on 16/04/2011.

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"Since the threats were severe, my relatives also compelled me to accept the decision in the interests of the community," Rampal says. When Sonia refused to accept the situation, Rampal's sister Sheila was abused and manhandled by the sarpanch. No action has been taken against the guilty, nor has a case been registered against them, says Brinda Karat, general secretary of the AIDWA. The association hopes the NHRC's intervention will lead to measures to stop "unacceptable" decisions by caste panchayats and eventually result in legislation to deal with such crimes.15 The following table has been formulated by the Peoples Union for Democratic Rights (PUDR), a civil liberties and democratic rights organisation based in Delhi, India.16 The table shows the number of incidents where the illegal caste panchayat has intervened in the enjoyment of rights of the people and gone against the law.

15

Retrieved from www. infochangeindia.org, Women's group seeks NHRC intervention on caste panchayat decisions on 18/04/2011. 16 COURTING DISASTERS, A report on Inter-caste marriages, society and state, Peoples Union for Democratic Rights (PUDR), August 2003.

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PRICE FOR LOVE Date Place Girl's Caste Boy's Caste Fate of Couple Action Taken 11

One can easily see the failure of implementation by the regulating authority. The police have 10.99 Ismaila Village, Jat Lohar Killed by girl's Rohtak, Haryana Rohtak Balmiki (PostGraduate) Jogi family. Joined by the Lohars. Eloped to Sonipat to marry in court. CM informed girl's parents. to Threatened case of 11.1999 Chandigarh, Punjab. (Hailed Jandiala Village, 5.2000 near Upper caste Dalit Girl's family killed four members of boy's 3.2001 Muzzafarrnagar, UP Kureishi (doctor Pathan family. Girl hacked to death Girl's brother & boy shot dead 4.2001 Tarn-Taran, Amritsar, 6.2001 Punjab Bharatpur, Rajasthan 8.2001 Alinagar Village, Muzzafarnagar, UP 7.2002 Talao Jhajjar, Village, Jat Dalit Jat Gumbar Jat Jat Sikh Dalit by girl's brother. Couple committed suicide by swallowing poison. Suicide by swallowing poison Brahmin Hanged to death by 7 arrested both
11

Couple's withdraw with

lawyer forced application.

Jat Sikh from

Balmiki Sikh

abduction. Boy shot dead by Girl's brother girl's brother & girl poison. swallowed arrested.

Amritsar.) Hardoi dist., UP

surrendered.

families. Girl committed Magisterial suicide. Boy in jail inquiry

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Like in the case of Ved Pal, who had gone back to his in-laws place to collect his wife, despite there were at least 15 policemen accompanying the victim and the court warrant officer but the villagers surrounded the victim, who tried to escape, and lynched him. The accompanying policemen fled from the spot with the court officer.17 In another case there were more than 500 policemen protecting a dozen members of the Gehlawat family in Dhrana village of Jhajjar district. They were being shielded against their own neighbours, who had asked them to leave the village, as their son Ravinder had dared to marry a girl of his own gotra. Despite the presence of a huge police contingent and regular assurances from the district administration, the family was still jittery. A 72 hour deadline had been given to the family to leave the village.18

17

Retrieved from www.timesofindia.com, Haryana youth beaten to death for marrying girl of same clan, 19/04/2011. 18 Retrieved from www.indianexpress.com, Haryana panchayat takes on govt over same-gotra marriage on 19/04/2011.

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CHAPTER-3 LAWS BEING VIOLATED

The caste panchayat or the Khap panchayat are the non-constitutional bodies who are working as parallel judicial authority against the welfare of the people and in turn are doing a great harm to the nation. It violates the following Indian laws: Rights to Freedom, Right to equality, Right against Discrimination on the basis of caste, colour, sex and creed. The Constitution of India provides No person shall be deprived of his life or personal liberty except according to procedure established by law.19 It also provides against the discrimination on the basis of on grounds of religion, race, caste, sex or place of birth.20The constitution also gives the equality before law21 as a fundamental right to its people. Indian majority act, 1875 (Section-3)

In cases where the Khap panchayat has forcefully separated a married couple who are of eligible age to get married, amongst others it is a violation of the provisions under this act.
19 20

Hindu marriage act, 1955 Special marriage act, 1954 The Protection of Human Rights Act, 1993

Article-21, Constitution of India Article-15, Constitution of India 21 Article-14, Constitution of India

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The actions of the Khap panchayat are a complete violation of human rights. For this purpose this act was formulated in 1993 so as to give relief to the victims of such violations. But it has not been much of help in removing the grievances of the victim.
1. Case Law

There have been only few cases where the victim(s) or their family came forward and filed a case in the courts. The reasons for this can be numerous. One can say that the lack of education among people or maybe the lacking of knowledge of their basic rights. In some newspaper reports people have said that they are scared of being boycotted and ridiculed by the villagers in case they went up front and reported such incidents. In one of the cases filed Lata Singh vs. State of U.P. and Ors. the petitioner, Lata Singh, married off her own free will but this was unacceptable by her brother and other family members. Therefore they filed a false case of criminal kidnapping against the petitioners husband and family. But the high court filed a writ petition and the petition was allowed. There has been a Public Interest Litigation filed in the Punjab and Haryana High Court by Advocate Tejinder Singh Sudan from Lawyers for Human Rights International (Regd.) asking for the issuance of writ Mandamus or any other writ, order or directions so that the decisions of the Khap panchayat of Haryana, which are against the spirit of the Constitution of India and that the case of lynching of Ved Pal Mor resident of village Mataur of Kaithal district be ordered to be investigated by a Special team headed by a Senior IPS officer and that the investigation be supervised by the Honble high court.

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CHAPTER-4 HONOUR KILLING IN THE GLOBAL CONTEXT

Honour killing, an ancient tradition, is still being sometimes observed. Honour killing is when a male member of the family kills a female relative for tarnishing the family image.22
1. United Nations: Looking at it from the international perspective The United Nations

Population Fund (UNFPA) estimates that the annual worldwide total of honour-killing victims may be as high as 5,00023.
1.1

Jordan: Kifaya, a Jordanian girl of 12, was intelligent and full of curiosity.

But when she returned home one evening from a walk in the neighbourhood with some friends, she was confronted by her enraged father. Shouting that she had dishonoured the entire family, her father proceeded to beat Kifaya with sticks and iron chains until she was dead. He told police he killed his only daughter because she went for walks without his permission. About the same time, Hanan, 34, was shot dead by her brother for the "crime" of marrying a Christian. Her brother left her body in the street and smoked a cigarette while he waited for the police to arrive. Every year between 25 and 50 women and girls are the victims of "honour" killings in Jordan.24
1.2

Turkey: In turkey a new trend has emerged. Instead of the family members

killing the female for bring dishonour upon the family reputation, they simply pressurise woman to kill herself; this may be done so that the people avoid penalties for murdering her. For Derya, a waiflike girl of 17, the order to kill herself came from
22 23

Retrieved from www.wordwebonline.com on 27/04/2010. Retrieved from www.unfpa.org, A Human Rights and Health Priority. United Nations Population Fund(UNFPA) on 27/04/2011. 24 Retrieved from www.unfpa.org, A Human Rights and Health Priority, Box 20: Two 'Honour' Killings in Jordan, Halaby, J. 20 March 2000. "Two Women, One Girl Slain in Honour Crimes in Jordan." Associated Press. United Nations Population Fund(UNFPA) on 27/04/2011.

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an uncle and was delivered in a text message to her cell phone. You have blackened our name, it read. Kill yourself and clean our shame or we will kill you first. As the number of threat messages kept on increasing she was consumed by shame and fearing for her life, she said, she decided to carry out her familys wishes. First, she said, she jumped into the Tigris River, but she survived. Next she tried hanging herself, but an uncle cut her down. Then she slashed her wrists with a kitchen knife. Every few weeks in Batman and the surrounding area in southeast Anatolia, which is poor, rural and deeply influenced by conservative Islam, a young woman tries to take her life. Others have been stoned to death, strangled, shot or buried alive. Their offenses ranged from stealing a glance at a boy to wearing a short skirt, wanting to go to the movies, being raped by a stranger or relative or having consensual sex. Hoping to join the European Union, Turkey has tightened the punishment for attacks on women and girls who have had such experiences.25
1.3

Germany: In 2005 Der Spiegel magazine reports that in the past four months,

six Muslim women living in Berlin have been brutally murdered by family members, and goes on to cover the case of Hatun Src - killed by her brother for not staying with her husband of forced marriage, but of 'living like a German'. Precise statistics on how many women die every year in such honor killings are hard to come by, as many crimes are never reported, said Myria Boehmecke of the Tuebingen-based women's group Terre des Femmes which, among other things, tries to protect Muslim girls and women from oppressive families. The Turkish women's organization Papatya has documented 40 instances of honour killings in Germany since 1996.26 A 21-yearold man of Syrian origin was sentenced to 14 years behind bars Tuesday after a court in Germany found him guilty of shooting dead his cousin in a so-called "honour killing." The man, identified only as Ezzedin A., along with his 48-year-old uncle, shot the 20-year-old woman in a motorway lay-by in August, the court in Hagen, western Germany, ruled. "The court found that the motive for the act was the western lifestyle of the victim, which the rest of the family rejected and saw as a stain on their honour," the court.27
25

Retrieved from www.nytimes.com, "How to Avoid Honor Killing in Turkey? Honor Suicide". The New York Times on 27/04/2011. 26 Retrieved from www.spiegel.de, "The Whore Lived Like a German". Der Spiegel, Germany on 27/04/2011 27 Retrieved from www.vancouversun.com, Cousin jailed for 14 years for German 'honour killing' on 27/04/2011.

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17 1.4

Britain: According to a survey done on some odd 500 Sikhs, Christians,

Hindus, and Muslims in Britain a 10th said they would condone the murder of someone who disrespected their family's honour. Figures show 13 people die every year in honour killings, but police and support groups believe it is many more. 28 Azhar Nazir, 30, and his cousin, 17, used four knives to cut Samaira Nazirs throat and repeatedly stab her after she fell in love with an asylum-seeker from what they saw as an unsuitable caste. Miss Nazir, 25, had rejected suitors lined up to meet her in Pakistan and had been summoned to the family home in Southall, Middlesex. The father, also called Azhar, Nazir and the youth launched the attack and at one point dragged her by her hair back into the property.29
1.5

Pakistan: In the neighbouring countries to India women have a similar fate.

According to the non-governmental Human Rights Commission of Pakistan (HRCP), 286 women were reported to have been killed for reasons of honour in 1998 in the Punjab alone. The Special Task Force for Sindh of the HRCP received reports of 196 cases of karo-kari killings in Sindh in 1998, involving 255 deaths. The real number of such killings is vastly greater than those reported.30 In 2006, a 14-year-old Pakistani girl was kidnapped and shot by her relatives who accused her of having sex with a young man. Perhaps, the most well known victim of an honour crime is Mukhtaran Bibi, a Pakistani woman raped by the more influential tribesmen in her village. It was meant as payback because her 12-year-old brother was accused of raping an older woman of the powerful clan, a charge that was never proved.31
1.6

Saudi Arabia: The internet is among other things is another reason for honour

killings, especially in Saudi Arabia. The numbers of social networking sites with easy access have become a more of bait for women who avail from a comparatively conservative background. In Saudi Arabia a young girl was beaten and shot by her father because she was found chatting on facebook, a social networking website.32 In another case A Saudi woman has been sentenced to 200 lashes and six months in prison after she was the victim of a gang rape.
28
29

Retrieved from www.news.bbc.co.uk, 04/09/2006 on 07/01/2011. Retrieved from www.timesonline.co.uk, Sister is stabbed to death for loving the wrong man on 28/04/2011. 30 Retrieved from www.amnesty.org, PAKISTAN: HONOUR KILLINGS OF WOMEN AND GIRLS on 28/04/2011 31 Retrieved from www.ibnlive.in.com, Honour crimes not uncommon in India, 29/04/2011. 32 Retrieved from www.telegraph.co.uk, Saudi woman killed for chatting on Facebook on 29/04/2011.

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The sentence against the 19-year-old Shia woman from Qatif, in the Eastern Province of the country, was passed because she was in the car of a man who was not a relative at the time of the attack, which contravened strict Saudi laws on segregation.33

2. Violation from International Perspective

2.1 Universal declaration of Human Rights This declaration has given certain rights to the people all over the world. The acts of the caste panchayat are a violation of the Article-134 which states that All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood, Article-235 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty, Article-336 Everyone has the right to life, liberty and security of person, Ariticle537 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, Article-638 Everyone has the right to recognition everywhere as a person before the law and Article-739 Everyone has the right to recognition everywhere as a person before the law. 2.2 International Convention on the Elimination of All Forms of Racial Discrimination (CERD) The cases where the caste panchayat have intervened and made void the marriage of any couple who willing went into wedlock are the violation Article-5, Clause (b)40 The right to security of person and protection by the State against violence or bodily harm, whether
33

Retrieved from www.telegraph.co.uk, 200 lashes for Saudi gang rape victim on 30/04/2011.

34 35

Retrieved from www.un.org on 23/04/2011. Retrieved from www.un.org on 23/04/2011. 36 Retrieved from www.un.org on 23/04/2011. 37 Retrieved from www.un.org on 23/04/2011. 38 Retrieved from www.un.org on 23/04/2011. 39 Retrieved from www.un.org on 23/04/2011. 40 Retrieved from www.2.ohchr.org on 24/04/2011.

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inflicted by government officials or by any individual group or institution and Clause (d) (iv)41 The right to marriage and choice of spouse. 2.3 Convention on the elimination of all forms of discrimination against women (CEDAW) Article-16 Clause (1) Sub-clause (a)42 The same right to enter into marriage, (b)43 The same right freely to choose a spouse and to enter into marriage only with their free and full consent are being violated by the illegal decisions of Khap panchayat. 2.4 International Covenant on Civil and Political Rights (ICCPR) Article-23 Clause (1)44 The family is the natural and fundamental group unit of society and is entitled to protection by society and the State, (2)45 The right of men and women of marriageable age to marry and to found a family shall be recognized, (3) 46 No marriage shall be entered into without the free and full consent of the intending spouses, are also violated by the Khap Panchayats illegal speedy justice.

CHAPTER-5 CONCLUSION

41 42

Retrieved from www.2.ohchr.org on 24/04/2011. Retrieved from www.2.ohchr.org on 24/04/2011. 43 Retrieved from www.2.ohchr.org on 24/04/2011. 44 Retrieved from www.2.ohchr.org on 25/04/2011. 45 Retrieved from www.2.ohchr.org on 25/04/2011. 46 Retrieved from www.2.ohchr.org on 25/04/2011.

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Although all of these reasons exist, in the 4 states of Haryana, Punjab, Uttar Pradesh, Rajasthan honour killings often take place due to specific reasons. Majority of the honour killings are committed for the reason of marriage, especially marriages against the societal norms. In these states the reason for many recent killings is the intra-gotra marriages or intercaste marriages. There is an unrecognised, self proclaimed decision making entity at par to the village panchayat called the case panchayat or the Khap panchayat which is sanctioning these killings in the name of honour. A caste panchayat is a self-proclaimed body consisting of village elders or the elite," explains AIDWA general secretary Brinda Karat. "Women are excluded from the body," she says. The Union Home Minister Shri P.Chidambaram in the Rajya Sabha said that the Government of India is deeply concerned about violence against women and recognizes that real progress can only be made by addressing the causes that are rooted in anachronistic attitudes and false values. More efforts need to be made through educational and awareness campaigns in the communities and through sensitization of law enforcement agencies. He further enunciated on the previous steps taken by the government to curb violence against women like the Domestic violence Act, which had been enacted in 2005. He proposed to: 1. sensitize police officials charged with the responsibility of protecting women; 2. Vigorously enforce the existing legislations; 3. Set up women police cells in police stations and exclusive women police stations; 4. provide institutional support to the victims of violence; 5. Provide counselling to victims of rape; 6. ensure wider recruitment of women police officers; 7. Train police personnel in special laws dealing with atrocities against women; 8. Appoint Dowry Prohibition Officers and notify Rules under the Dowry Prohibition Act, 1961; 9. Sensitize the judiciary and police and civil administration on gender issues; and 10. Follow up reports of cases of atrocities against women received from various sources, including NCW, with authorities concerned in the Central and the State Governments.
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He further welcomed a nationwide consultation and discuss on how to prevent such crimes.47

Much has been written and said about the issue of Khap Panchayats by intellectuals and academician but there has always been a lack of any initiative to dissolve Khap Panchayats or call these illegal on the part of Government. Not even a single leader has ever stood against (forget about the standing against this system, many local leaders of congress and other parties have glorified acts of Khap Panchayat) this cruel system, which may be because of Governments own petty political reasons. Another thing, why all these killings are clubbed together in the list of murders, if we can have separate laws for Sati and Dowry then why cant we have separate special laws to handle these Khap Panchayats? There is a strong need of active participation of everyone including NGOs, police, Panchayat bodies and serious/strong laws (not merely paper tigers!) against the crimes of Khap Panchayat.

47

Retrieved from www.indialawyers.wordpress.com, HOME MINISTERS STATEMENT IN THE RAJYA SABHA ON HONOUR CRIMES on 12/04/2011.

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