The advent of civilization construed making certain social laws and norms to be
adhered by the members of the group. These rules and regulations were made to
bring about certain uniformity, order and discipline so that the society would
coexist peacefully and harmoniously. Over a period of time these same rules and
regulations attained social rigidity, so much so that when someone did not heed
to these norms, it was believed, that they have brought disgrace to their family
and were liable to be punished.
This disgrace gradually became synonym with the
word 'honour'. When honour was at stake, harsh punishments began to be meted
out. One such common form of punishment was killing or slaughtering the accused
person by his or her family members. India has been a witness of such killings
since time immemorial. Unfortunately, despite laws being present socially still
honour killing is quite accepted and justified in some parts of our country.
The general understanding of honour killing is homicide of a person committed by
their own family members or perhaps by the family they are married into, to
maintain the purity of family's name. Honour killing is usually associated with
either inter-caste or inter-religious marriages, however honour killing of
homosexuals still goes unacknowledged to quite a large extent.
A crime as heinous as honour killing takes away a person's right to be treated
equally by law, for they are discriminated by and against others, difficulty in
expressing themselves freely and are deprived of decent life and liberty. Thus,
violating certain pertinent Fundamental Rights, those being, Articles 14, 15, 19
and 21 as guaranteed under the Indian Constitution.
The Indian Penal Code, 1860 (IPC) too provides with definitions and
punishments for offences like Criminal conspiracy under Section 120 A and 120 B,
Culpable homicide under Section 299 and Murder under Section 300 and 302.
However, there is no specific Section that makes honour killing a punishable
In 2015, a bill was introduced:
"The Prohibition of Interference with the
Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill,
2015", after a draft legislation was suggested by the National Commission for
Women in August 2010 to amend Section 300 of IPC with a view to include Honour
Killing as a gruesome offence. Thus, this Bill focused on honour killing of the
ones who married outside their caste or religion or intended to marry someone
outside their caste or religion.
Later in 2019, "The Rajasthan Prohibition of Interference with the Freedom of
Matrimonial Alliances in the Name of Honour and Tradition Bill, 2019" was passed
whose applicability was confined only to the State of Rajasthan. This Bill,
prohibited honour killing of those who decided on inter-caste, inter-community
and inter-religious marriages.
Recently, another Bill was passed "The Freedom of Marriage and Association and
Prohibition of Crimes in the Name of Honour Bill, 2022" which again prevents
honour killing when marriage outside caste and religion takes place.
Rebuttal To Accept:
With recognizing the right to gender identity, decriminalizing Section 377 of
IPC, passing of Transgender Persons (Protection of Rights Act), 2019 and the
on-going issue on legalizing same sex marriage before the Hon'ble Supreme Court
of India, the country has, indeed, come a long way in conceding rights to the
third gender. However, the mind set towards accepting a same sex couple or
homosexuality still remains far-fetched.
Despite the 2018 Supreme Court verdict on decriminalizing Section 377 IPC,
homosexual couples continue to be physically, mentally and emotionally abused.
There have been incidences in the recent past where same sex couples allegedly
received death threats from their own respective families after they were
discovered to be in a relationship.
Even more horrifying incidences of
homosexual couples being brutally beaten-up and tortured by their family members
or neighbours were reported. Sadly, many are unable to cope up with such
barbarity that they are driven to a point of committing suicide.
Certainly, enactment of a law that protects the homosexuals from honour killing
is the need of the hour but to educate the society and to make them aware about
homosexuality, for the latter to get duly acknowledged and accepted as a part of
social milieu is equally important.
Therefore, to bring a notable change in the society it is vital for each and
everyone to understand that as there is diversity in our cultures, customs,
languages, caste and religion, there is diversity in genders and sexuality too.
Undeniably, there can never be one of anything but surely oneness in all.
- Indians, Pakistanis most likely to back anti-gay "honour" abuse
- Comparison: Honor Killings & Anti-LGBTQ Homicides
- Instances of queer couples at the receiving end of abuse and fatal endings
- Lesbian newlyweds flee honor killing threats in India
- Honor killing by Neelam
- Udaipur couple murder: Police say duo thrashed with stone, later stabbed; honour killing suspected
Award Winning Article Is Written By: Ms.Srishti Prakash
Authentication No: MY92313502696582-15-0523
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