Honour Killing And Legal Reform
This study examines the complicated layers of honour killing, a frightening
practice endured in modern societies instead of advancements in social norms and
taboos. Honour killing, deep rooted in patriarchal ideologies, Allocate the
responsibility of safeguarding a woman's integrity to male family members,
leading to severe consequences for infrigenment such as inter-caste marriages,
divorce, premarital sex, or same-sex relationships.
Also this article draws attention to the trivialising nature of honour killing
incidents and emphasises contradiction in reporting, especially in countries
like India, where legal definitions may not moderatly address honour-based
crimes. By addressing crucial objectives, this research aims to contribute to a
deeper and broader understanding of honour killing, promoting awareness, and
advocating for legal reforms to eradicate this egregious violation of human
rights.
Introduction
Today we address our society as a modern and growing society but there is also a
patriarchal part of it which still exists ,because the activities of girls and
women are actually observed and supervised . The maintenance of a woman's
virginity and "sexual purity" are considered to be the responsibility of male
members of her family—first her father and brothers and then her husband.
Honour killing is an abiding practise that preexists all known religions. In
ancient societies, women's virginity was viewed as a harmonise as family
prestige. This practice lifts up the thought that a man has a responsibility to
protect the honour of his family by killing any female who is involved in an
unlawful sexual relationship. The reason behind all these are very absurd like
inter-caste marriage, divorce, premarital sex or pregnancy, same sex marriage ,
refusal of arrange marriage, allegation of adultery , dressing,
behaviour,dishonesty and so on. Honour killing has a substantial social dynamic
and currently expresses the same-old idea that a woman is the property of her
male relatives, reflecting their family's social status and pride. Honour
killing is also susceptible to culturally derived norms and practises that
deviate from conventional notions of justice.
Honour killing is one of the crucial or complex topics that exist all over the
world. In so many states of India honour killing is part of their aggressive
thought to maintain the dignity of their family reputation . Honour killing
accused always belongs to the family of victims. In the era of patriarchal
society, Men are the only ones who are the head of the family, and are mostly
responsible for these kinds of activities . Even after so many years our society
saw multiple changes and development in alot of social norms and taboos but
still Honour killing is performed wide across the world.It is such an immoral
act by the member of the family who believes that CASTE, RELIGION OR GOTRAS is
more important than one's life, and according to them it protect their family
from shame and dishonour in the society.
Although these activities are widely underreported, THE UNITED NATION PUBLIC
FUND (UNPF) more than 5000 women and girls are victims of honour killing. This
is clearly a brutal act towards society or a special gender and growing day by
day unanimously. Countries like Lebanon, Turkey , Iraq ,Yemen ,Iran , Jordan and
many more countries took serious legal measures towards honour killing by
criminalising or modifying their old laws.
As per the data given by the Delhi based survey report of Indian population
statistic survey (IPSS) almost 655 homicidal cases of honour killing have been
registered across India . The National Crime Records Bureau reported 251 cases
in 2015. Moreover, the Indian government did not mention most of the cases
regarding honour killing because Indian law does not have discrete legislation
regarding honour based crime, or mostly killing is reported as SUCIDE, MURDER
AND HOMICIDE.
Objectives:
The main objective of this study is:
- To know about honour killing originates.
- To educate the society about the effects of honour killing.
- To study about the role of law in honour killing.
- To examine the triggers of honour killing.
- To study about the community who prefer honour killing as culture.
- To examine honour killing mostly affects one gender.
Origin Of Honour Killing;
The concept of honour and shame and their use as justification for violence and
killing is very common to any culture or religion. Clearly , this concept is
reflected in historical events as well in many countries , and in many works in
literature. It has been going on since the roman emperor, when the paterfamilias
men have the right to kill their unmarried sexually active daughter or wife who
is having an extra marital affair. Honour-based crimes were known in mediaeval
Europe where early Jewish law mandated death by stoning for an adulterous wife
and her partner. In terms of rules prohibited by women, men have been provoked
to extreme punitive action including burning their wifes or daughter alive,
beating them till death,maiming and stoning etc.
The origin of Honor killing is very complex and can be cracked by various
cultures, religions and societal norms. Every religion and community may differ
in the historical context of honour killing and it can differ there rules,
regulations and reasons as well. Honour based violence has been continuing in
different parts of the world including the Middle East part of Africa South Asia
etc. In some cases it has historical connection to clan based or tribal based
societies where maintaining a reputation or honour of their family is a part of
their culture and it is considered very crucial. Traditional culture, non
patriarchal structure and interpretation of religion rules have also played a
vital role in conducting these kinds of practices.
In Jewish Tradition
The concept of honour is found in Jewish tradition, often depicted in stories
from the Torah. One notable example is the story of Dinah, Jacob's daughter, who
was allegedly raped by Shechem. Dinah's brothers, feeling dishonoured,
retaliated by killing Shechem and his family. While these events may be seen as
honour-related, they differ from typical honour killings as the perpetrator's
family was killed. Another story involves Pinchas, who killed a man and a woman
for dishonouring the community by their relationship. God praised Pinchas,
suggesting divine approval. Some argue that the Torah provides laws justifying
honour killings, citing rules on vows and women's authority.
Jewish tradition and culture also emphasise honour. The concept of Kiddush
Hashem, acting in God's name, is associated with martyrdom or fervent actions to
protect God's name. Honour killings may be perceived as fulfilling this duty.
Tzniut, or modesty, is another value. While Judaism doesn't advocate killing for
violating modesty, the emphasis on modest behaviour reflects the importance of
honour. This value parallels the significance of honour and modesty in Muslim
communities, where protecting a woman's honour is considered crucial.
In Muslim/Islamic Tradition
In Islam, some people think that certain verses in the Quran support "honour
killings," where someone is harmed or killed because they're believed to have
brought shame to their family. For example, one verse is seen as saying that
those who bring shame should be punished. Another verse suggests that believers
should fight for Allah, and this is sometimes misunderstood as a justification
for harming others in the name of honour. But deeply we all know that these
conceptions are spread by humans not by any religion.
The connection between Islam and honour killings is mentioned in man made
cultural customs and laws known as Shari'a. Shari'a includes rules about
arranged marriages and harsh punishments for certain behaviours, which some
people interpret as supporting honour killings.
More troubling is that, in some societies, people have come to accept honour
killings as normal. A study in Jordan found that a significant number of young
students believed it was okay to kill a family member who brought shame to the
family. This acceptance shows a big challenge in changing cultural beliefs that
contribute to the continuation of honour killings.
Actual Religious Side;
The actual evidence can also be found or mentioned in both Jewish and Muslim
traditions to criticise this unequivocally sinful practise. In the Jewish
tradition, prohibition of murder can be found in the Ten Commandments: "Thou
shall not murder" (Exodus 20:13). Without qualification, this commandment states
that murder is a sin.
The Qur'an also contains verses that prohibit killing. It says: "Whoever kills a
believer intentionally, their reward will be Hell, to suffer therein forever,
and the Rage and the curse of Allah are upon them, and fearful penalty is
prepared for them" (Qur'an 4:93). Some supporters of honour killings argue that
one who dishonours a family is no longer a believer. Yet, someone of the Muslim
faith is considered a believer. This verse explains that killing someone is
biassed, and one should be punished for committing this act. The Qur'an also
states, "Whoever kills a human being, it is as if he had killed all mankind"
(Qur'an 5:32). These verses illustrate that the Qur'an does not necessarily
support the brutal actions of honour violence.
Hence proved, that no religion and their religious guide particularly mention
the word honour killing because religion as a source of peace and harmony
towards humanity. The context of honour killing is not raised by any religion
but a man made stereotype by the people who want a male dominating society and
having oppressed thoughts towards weak people.
Honour Killing In India
We got independence 75 years ago with a lot of different changes in our society
but for some people caste or religion is still more important than their child.
In this democratic country where people have their equal and individual rights
but Honour killing is not new in rural India its still common in coutless areas,
including Uttar pradesh, Rajasthan, and Haryana. These crimes not only occur in
rural areas. They are also well-known in our nation's capital and in the
southern part of the county like Tamil Nadu and kerala.Most of these cases are
not even registered officially.
It doesn't matter how much women empowerment is praised by the government
nowadays , Indian society is still trapped in so many patriarchal rules which
are still a threat towards women's freedom and dignity. In most of the cases Men
are anticipated to carry out such norms and traditions and protect family and
male integrity and honour from shame. Women are likely to protect the family
dignity by saving her virginity or sexuality . This understanding gives
legitimacy to all forms of social regulation of women's conduct behaviour and to
violence committed against them.
Most of the conservative families did not allow their girl child to pursue
further study because there's a misconception spreading in our society that if a
girl gets more education she will definitely ruin her family reputation and with
this absurd logic certain india parents have a narrow minded perspective towards
girls education. . Or selective families who allow for higher education are
expected to only study and not get into much more opposite gender because having
a male friend is a sin or further voke activities which can affect or change her
character and complete their education and get married to the guy chosen by her
father or any elder family member . They do not prioritise her choices nor do
they ask their opinion regarding her marriage. In case of forced marriage
several women were forcefully killed so that she could not marry the guy she
wanted or honour could be preserved .
In the name of honour it will be frightening to assassinate priceless human
lives. No one is allowed to breach the very set norms of law and such
malefactors must be brought under the realms of mandate. There is not one honour
in killing one's very own human league, just to gratify the self and then to
integrate it with the tradition or either culture or custom. You can kill
someone by doing murder, hence honour killing is an act of murder.
Some organisations in classic India like KHAP PANCHAYAT were also a huge part of
the honour killing because Khap adjudications are purely dictatorial,
patriarchal and mostly gender based. As a primitive residue of regressive tribal
societies that have endured in a modern democracy for far too long , honour
murders are a kind of portrayal of the ruthless acts committed to protect a
family's honour, a clan's honour, and a village's honour. Khap panchayat
characters are mostly anti-women and male dominating but above all they are the
pure enemies of those couples who perform inter-caste and inter-religious
marriages with their own consent or without the involvement of their parents or
their families and are provoked forms of harassment and cruelty. The females had
been raped, burned, and murdered by the pseudo-protectors of society for the
sake of family honor.
After so many brutal crimes done by khap panchayat the Supreme court of india
declared khap panchayat to be illegal because its not only against the law but
also were encouraging killing of innocents in the name of honour and pseudo
dignity which was against the whole human society.
- Manoj - Babli Case
(Background Of The Cases)
Manoj and babli both belong to karora village and also belong to the same clan
(Banwala) a jat community somewhere in haryana. According to rules of their khap
panchayat nobody can marry in their own clan or any kind of inter caste marriage
is prohibited. They both started showing interest in each other in 2005.They
were in a relationship approx two years , both sides of the family were quite
aware of the situation and forced both of them to accept each other as brother
and sister but they denied.
On 5 April at 2007 they both ran away from haryana to chandigarh after 2 days
they got married by informal ceremony at durga temple located in chandigarh.
Fact Of The Case:
Both side of parents got the news of their marriage and later On 26 April,
Babli's family filed a report against Manoj and his family for kidnapping Babli,
after 2 months there families tricked and trap them on 16 june the couple's bus
left for Delhi, but en route at 4:30 pm, Babli's relatives stopped the bus near
Raipur Jata. After Babli's family kidnapped them , the couple were brutally
beaten. Babli's brother Suresh forced her to consume pesticide, while other
family members dragged manoj with the help of a snare around his neck and
throttled him in front of Babli.Then wrapped the bodies in large jute bags and
dumped their bodies in Barwala Link Canal. The khap panchayat were completely
aware of that heinous crime but completely support the accused.
Judgement:
For the first time in Haryana state history death penalty death penalty verdict
was announced in the double murder case for the five accused. On March 11 Punjab
and Haryana respected High courts commuted the death sentence of four prisoners
in manoj and babli case to life imprisonment ; Babli's brother suresh, uncle
rajendra and babu ram, and gurudev. Ganga raj (leader of khap panchayat) was
given a life sentence for conspiracy, while the driver, Mandeep Singh, held
guilty of kidnapping, was given a jail term of seven years.
Historical significance
This case leads towards a great impact and a huge change in the society because
the case was the first resulting in the conviction of khap panchayat and the
first capital punishment verdict in an honour killing case in India.The whole
media and legal intellectuals remark it as a "landmark judgement", a victory
over these infamous assemblies, which acted for years with impunity as parallel
judicial bodies.
- 2008 Murshidabad Murder:
Background Of The Case
A labour from bihar name Shailendra Prasad working in mumbai where a women name
Munira Bibi from west bengal working as a maid , widow of the victim, eventually
regretted her ill-fated visit to her parental home where she lost her
husband.they fell in love and married in 2001. Munira came from an orthodox
village where her father was fined 200 rupees by shalishi court for sending her
daughter to another city for work.
The couple was married in Mumbai but in July, 2006 both went for a home visit in
Laxmanpur village which is her hometown with her 10 month old son. There was an
occasion going on in that village and it had some rituals. Shelandra Prasad had
to assume the identity of Munnashek to escape the vexation of orthodox
villagers. His father in law, Ansari Sheikh noticed that he was not offering
Friday prayer and suspected him as a non-Muslim, he informed the villagers and
the Shalishi court and told them to gather in the grounds of primary school.
Shelandra was forcefully summoned to check whether he is muslim or not, but
later on Shalshi court found that he was a Bihari hindu. He was beaten up very
brutally and pronounced him guilty of marrying a muslim girl and awarded him the
death sentence. His hands and feets both were tied up, his mouth was cloaked
with a cloth and they took him nearby a jute field where his throat was slit by
four executioners.
Munira was not aware of this fact that his husband was killed by her own
villagers including father.
Fact Of The Case:
Munira Bibi lodged a complaint of her missing husband on 27th July, but the
Police had already found the beheaded body 10 days before which is unidentified,
later on the body identified as Shalendra Prasad. On 28th July the police raided
the village and arrested the members of Shalishi court and Ansari Sheikh, also a
complaint against 10 persons received then confessed the crime, a large police
force led by the additional Superintendent raided the village of Laxmanpur and
detained 26 villagers for interrogation.
Judgement:
- The judgement of Supreme Court in these kind of cases are that to start fixing
accountability on administrative and police officials who failed to check cast,
panchayats from encouraging and carrying out honour killing.
- The Supreme Court led down the certain guidelines for deciding which type of
cases will fall within the category of rarest of rare honour killing as well as
murder and culpable homicide.
Legal Framework
After the issue of honour killing gained attention and so many communities or
individuals started talking about this brutality , Indian legislature took this
term seriously and , the UPA-led central government proposed to amend Indian
penal code and make honour killing a "distinct offence" although Indian laws
have many provisions to protect each and every individual of the country. Each
person of the country has their own personal human rights. Even Though Indian
law did not mention any specific laws for honour killing, still it provides so
much legal protection towards the citizens.
The Indian Constitution
If we watch closely we have specific provisions in the Indian constitution which
itself is sufficient to combat cases like honour killing. Our constitution works
as a guiding light for the administration to protect the rights of people. The
provisions from constitution which provides protection from Honour killing are ;
- Article 14 (the Right to Equality),
- Article 15 (1) and (3) (Prohibition of Discrimination on grounds of religion, race, caste, sex or place of birth),
- Article 17 (Abolition of Untouchability),
- Article 19 (1) (the Freedom to Speech and Expression),
- Article 21 (the Right to Life and Personal Liberty).
IPC (Indian Penal Code)
Although this is so difficult to identify culprits since acts of homicide are
frequently guarded by the community , it is potential. The offender may also use
Section 300 of the Indian Penal Code, 1860, as his defence to claiming that he
acted in response to a grave and sudden provocation and that nothing was planned
or premeditated. The act of the victim was so soul stirring that he lost the
self-control and acted purely on what he witnessed, which was an act of
dishonouring the family.
Actual Penalties under Indian Penal Code:
- Section 299-304: Penalises any person guilty of murder and culpable homicide not amounting to murder. Murder penalty is life imprisonment or death, and fine. The penalty for non-murder culpable homicide is life imprisonment or imprisonment for up to 10 years, and fine.
- Section 307: Penalises threaten to kill for up to 10 years of imprisonment, and a fine. If a person gets injured, the punishment can extend to life in prison.
- Section 308: Penalises attempt to commit culpable homicide by imprisonment for up to 3 years or with fine or with both. If it causes injury, the person shall be imprisoned or fined for up to 7 years, or both.
- Section 120A and 120B: Penalise whoever is a participant to a criminal conspiracy.
- Section 107-116: Penalises people for abetting murders, including murder and culpable homicide.
- Section 34 and 35: Penalises several-person criminal acts in support of common intention.
Indian Evidence Act 1872
Whenever a case has been filed , it must include a solid foundation of evidence
which include The India Evidence Act 1872 . Moreover Section 13 of the Act can
specially be mentioned and helpful in understanding the aspect of honour
killing, it states: Facts relevant when right or custom is in question - The
following facts are relevant when determining the existence of any right or
custom
- Any transaction by which the right or custom in question was created, claimed modified, recognised, asserted or denied, or which was inconsistent with its existence;
- Specific instances in which the right or custom was claimed, recognised, or exercised, or in which its exercise was disputed, as well as any transaction by which the right or custom in question was created, claimed modified, recognised, asserted or denied, or which was inconsistent with its existence;
The purpose of this Act is to ensure that people who become victims as a result of khap panchayat judgments receive justice. Without referring to legal regulations, this organisation has its own way of dealing with situations.
Hindu Marriage Act 1955;
The fundamental criteria for a legal marriage are laid out in Section 5 of the
Hindu Marriage Act, 1955. The clause specifies that for a legal marriage,
certain forbidden degrees of connection must be maintained. Both civil and
criminal laws safeguard marital relationships by penalising their transgressions
by providing appropriate remedies in civil law and prescribing harsh punishments
in criminal law. The Act nowhere put fitters on the choice of marriage partner,
indicating inter-caste marriages amongst Hindus are permitted.
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:
The Indian Parliament added this Act in order to eliminate circumstances of
atrocities Castes and Scheduled Tribes. The Act's primary goal was to make it
easier for lower or oppressed castes like Dalits to integrate into mainstream
Indian culture. Assaulting, dishonouring, and outraging the modesty of a SC/ST
woman, sexual exploitation of a SC/ST woman, and forcing a SC/ST to leave his or
her family or village are all examples of atrocities covered by this Act.
This Act was enacted with the understanding that it has a connection to honour
murders, since there have been several cases of honour killings when caste and
religion are at the root of the crime. The Protection of Women from Domestic
Violence Act, 2005 .The endowments of the Protection of Women from Domestic
Violence Act, 2005 provide for more effective protection of women's rights
guaranteed under the Indian Constitution. These women all seem to be victims of
violence of any kind that occurs within the family, and for matters connected
with or incidental to it.
Protection Of Human Rights (Amendment) Act 2006;
This act gives assurance that every human rights of humans should remain
protected, as well as establishing such kinds of commissions and institutions to
achieve this goal. Honour killing is completely a threat or grave violation of
human rights which still continues in so many countries .There is no legal
definition of the crime, no legal acknowledgment of diverse components of the
crime, no protection for self-choice couples, no preventative measures, no
responsibility, and no penalty. Because most of these deaths are classified as
either murder or culpable homicide, the vast majority of them go undetected. As
a result, there is no accurate data on such homicides in India. In the
government's records, there is no organised data for these types of instances.
Reason Of Honour Killing
The root cause of Honor killing is to be deeply implanted in the concept of
'Hamare ghar ki izzat' (the honour of our home).
This small phrase reflects the societal Expectations and pressure so high placed
on one individual gender, especially women, to come home to traditional norms
and restrictions regarding marriage to careers in almost each and everything.
Aurat killing is mostly reported as the model of a woman by male family members
or sometimes by females as well. The Killers always justify their shameful at by
explaining that the victim has brought this Honours upon the family name or
reputation.
The concept of owner killing is not new in our society. It was practised for
decades by our ancestors and also wants to protect the name of the family so
that these culture and traditional beliefs are still going on even in large
numbers with more specific reasons.
There are many reasons connected with this heinous crime which most accused gave
to defend themselves but killing someone is not an excuse for anything nor can
it be explained in the right way. The outer most important reason honour killing
that accused think that victim had brought shame to the family. As every
individual knows this fact that in India a person's honour is more important
than anything.
There is a conviction in our society that only women are the victims of honour
killing which is not true but sometimes men are also killed by his family for
the sake of his family honour.
Few Reasons To Explain Above Statements:
- Mentality Of People:
One of the major causes of this shameful or brutal crime of honour killing is the mentality or mindset of people, that they are not ready to accept the truth or reality that their children can marry with their own choices either outside the caste or religion or within the same gotra or sapinda relationship. They have their own suppressed mentality that they can not even think about their children's life.
- Rigidity of religion or caste system:
India is a nation of diversity in which numbers of religion, caste, gotras are connected. After independence India brought the law where untouchability, caste system or any caste based discrimination are prohibited. Unfortunately this caste system is still alive in the heart of India and it's becoming wound now, because in between 2017 to 2019 total 147 honour killing cases had been filed and this is just recorded data.
The rigid caste system divides the whole society into segments or sections that are hierarchical.
- Inter Caste Marriage:
This is marriage between two persons who practise different religions which means their rules, rituals and beliefs are also different. Indian families are not ready to accept inter- religion or inter caste marriage and it is okay to kill and spend their life in jail but would not tolerate their kids marrying outside their religion.
- Pre-Marital Sexual Intercourse:
Sometimes it is not just about the caste or religion, there are certain cases in which the family murder their own people just because they do not want that tag of love marriage or pre marital sex. Their so-called "izzat" decreases when their daughters or son having sexual relations.
Indian laws gave the right to choose the right to freedom after the age of 18 so that no one can raise any question towards one's choice.
- Victims Of Rape:
In India more than 33 thousand rape cases have been filed every year. Where approximately 11% of the victims were killed by her own family unanimously.
- Homosexuality:
Honour killing in the name of homosexuality is quite ancient and still opposing this and even in modern era society treats homosexuality as a disease.
- Socialising outside the home:
Restricting individuals from engaging in social activities based on unfounded fears can lead to isolation, anxiety, and negatively impact mental health.
- Refusal Of Arranged Marriage:
Arranged marriage is an ideal form of marriage in Indian society which has been going on for decades and it can be successful or harmonious if both parties have their mutual consent.
Honour Killing & Its Impact On Society
Practising honour killing has a dreadful impact on developing society. Society
where the development is completely based on Freedom, individual choice and
lawful actions but another side of society who is still stuck in the loop of
patriarchal norms and old form of Living a life. How could you accept any kind
of development if the society is not ready to accept the changes which are part
of the changing world. Thousands of young people in India have been beaten to
death every year owing to honour killing and there are several reasons the cases
of Honour killing is reported all over in India but more often it's reported in
the Indian state of Punjab Rajasthan Haryana , Uttar Pradesh and Bihar. where
education or awareness is much more needed.
where education or awareness is much more needed. Honour killing mostly reflects
deeply rooted culture patriarchal norms and can have destructive effects on
individuals and community which is the Cycle of Fear and violence. Moreover it
is a violation of basic human rights and its impact on society is very
insightful. This continues a culture of pure control muffle individual freedom,
which is completely a violation of law.
Furthermore, honour killing can lead to
a climate of restrictions on individuals from expressing their true identities,
their choices and their ideas of life. This separation of personal autonomy not
only affects the immediate with them but also contributes to a broader
atmosphere of operation. It underscores the urgent need for a comprehensive
legal Framework that condemns and prosecutes such as sending a clear message
that these actions are Unacceptable and punishable by law.
The consequences of honour killing are multifaceted and extend to the very
fabric of society. One of the most significant impacts is stifling freedoms'
effect on personal personal freedoms. This operation not only curtails
individuals' autonomy but also contributes to a broader atmosphere of operation
where confirming societal expression takes precedence over personal agency.
In simple word honour killing makes people so scare that is top them from doing
what they want imagine if you could not be yourself because you were afraid of
being hurt or killed for whom you are this is what happened to some people in
places where honour killing occur or killing are specially and fair to women
there are often targets because of things like having a relationship the family
does not like or not doing what is expect of them this make it hard for women to
live freely and make choice for themself so what what is the point of all these
independent freedom empowerment if people are end up killing each other in the
name of honour.
We got independence 75 years ago in which our leaders face so many difficulties.
They want to bring equality in society. They want everyone to feel equal whether
it is a rich or poor, small or superior community. But these honour killings
also makes communities divided by rage and pseudo honour, this leads to a very
huge communal gap between various communities within the same country. This
shows the amount of equality in our country.
If we see the term trust and
Cohesion honour killing contributes to a breakdown of Trust within the community
the fear associated with these acts leads to a culture of silence where
individuals are reluctant to speak out against Such violence. This lack of
openness guides
the community Cohesion as people become wary of each other and withdraw from
sharing their thoughts and expression outside the community.
Communities where honour killing occurs may face criticism from external sources
sustaining negative stereotypes. This can result in the dis empowerment of the
entire community affecting opportunities for education employment and social
Incorporation. The association with such as can create a lasting negative impact
on the community image. Community with the Aftermath of Honour killing may find
it challenging to progress socially. The culture of fear and separation of
freedom can preclude creativity, free exchange of ideas and innovation.
This
restrain social development and the ability to adapt to changing societal norms.
Also it includes damaging the repetition of community affecting how it is
received by outsiders. It also can affect the economic Sector development and
external collaboration and for the time being the community may struggle to
overcome this tarnished image.
In terms of gender and honour killing it is often deeply convoluted with gender
dynamics with an unequal impact on women. Women are frequently the primary
target of honour killing. These acts are often triggered by violation of
traditional values rules related to women's choice behaviour and any steps in
relationships or dresses or in their personal choice. Basically the concept of
owner killing is highly tied to controlling the women's action by their family
members and reinforcing patriarchal values.
The fear of honour within the family
can discourage them from allowing their daughters to pursue higher education.
Complete restrictions on women's education can contribute to a cycle of Limited
opportunities and reinforce traditional gender roles which is completely
opposite of equality or women empowerment concept. This only shows the women can
find traditional roles where only she can do is household work and taking care
of her husbands and children. Above all these she doesn't have any personal life
or goals. Women are often seen as bearers of family honour but why only women
are responsible for family honours and reputation?
Women are often denied the freedom to make their choices about their life
including career education and relationship because according to social general
stereotypes an ideal woman should have gotten married at the right time which
mostly is at a very earlier age. So is that men have all rights to education or
work or making their life as they want ? This pseudo culture values not only
restricting women but also a huge part of nation development.
Reforms Should Be Taken:
Despite of legal reforms and laws setting up for the honour killing each and
every country who is having number of cases every year should need an awareness
regarding this and this awareness is only possible with modern education in
every community through the awareness people will able to understand that low
culture community or religion is allowing them to kill someone and it's just a
man made culture with they are following blindly in the name of honour. Moreover
everyone has their own rights to choose and to live however they want.
Despite
the fact that every religion and community have their own rules and regulations
and people are bound to follow that but sometimes it completely depends upon the
People's choice whether they want to follow it or not and this is the basic
human right.
Nowadays people don't have knowledge about their rights rules laws nor do they
have knowledge about their own religion and community because so many genders
stereotype norms which are not even mentioned in scriptures which results in
people still carrying forward these kinds of evilness, which is completely a
threat towards humanity.
Incontext of India there should be a complete ban on local Panchayats like Khap
Panchayat who still exist in some corners of India. During some studies it was
found that there are 71 cases of illegal diktat (order must be obeyed) with that
granted by Khap Panchayat have been registered in the state over the last 5
years and 10 cases of honour killing have taken place in which four men and 8
women have been killed. The cast Panchayat and their Evil practice will continue
unless and until the government banned and they should have taken the most
strict action against these kinds of activities.
The Indian judiciary has again
and again shown commendable activism to construct the cup Panchayat and evils
done by them. However it is still continuing and growing illegal activism of the
heart showing the failure of its policy. Still so many supporters of khap
panchayat are carrying out the tradition illegally all the it is already present
that number of times Court have used judicious tourism yet we are not able to
bring any major changes in the law and policy to deal with existing situation
Lastly we need to ask for how long these people will continue to keep on
supporting these Panchayat and when will the realise that they are supporting
something that is against humanity itself.
There is a need for changes in laws and rules regarding honour killing to
effectively address and completely prevent this evil crime.this change in laws
and rules arise from recognising of serious societal issue and Human Rights
violation here are several change which are much more needed:
- Protection of individual right:
Honour killing is purposely designed to take a person's life just because he or
she is not accepting the cultural values which is completely an aviation of
right to life . Individuals have the right to live free from physical harm,
caution or arbitrary detention. Legal reforms should address any practice that
wallets the liberty and security of a particular person in order to maintain the
right to liberty and security of the person. Legalisation should implement
recognised forced marriage as a violation of individual rights. This includes
criminalising acts that course individuals into marriage against their will
because as per Indian constitution everybody has the right to choose so it is
the responsibility of our legislation to implement this basic rights in a
generous way.
- Criminalization and penalties:
Law should specifically criminalise owner killing, make it clear that such an
act is so unexpectable in the society and will be punished. This includes long
imprisonment or other severe consequences to strongly discourage people from
being involved in such an act. This clarity in legislation since a strong
message that honour killing will not be tolerated reinforcing the commitment to
justice and discouraging any attempt to come to it or support these shameful
acts.
- Gender Equality And Women's Right:
Law should ensure that men or women are treated equal in the society and no one
should face violence or discrimination regarding any gender based rules. Law
should specifically focus on safeguarding the rights of women which includes the
right to live without the fear of violence or harm and write to make their
choice about their life or whatever they want to do in life or whomever they
want to marry with. And also law should insure that women who are the victim of
honour killing or who have paced this violence before get the support they need
to recover and rebuild their life according to their choice this support should
have include counselling legal assistant and protection from further harm.
- Access to Justice:
Legal Reform should ensure that the victims of honour killing have the support
of Justice and this involves simplifying legal procedures providing Legal Aid
creating a specialised code to handle the cases related to honour killing
effectively. The process of seeking justice should make it easier for victims;
people who cannot afford a lawyer should still get help. Related to honour
Canning should be handled by specific code or specific judge which will help
legal professionals well inform about the unique challenges and issues
associated with honour related violence. People who come forward as witnesses in
our crime cases should feel safe. Legal Reform should include major protection
of witnesses from any harm or intimidation encouraging them to share their
testimony without fear.
In summary changes in laws and rules for honour killing are so necessary to
address legal gaps protect individuals rides promote gender equality and
contribute to the cultural shift away from the violence in the name of honour
these changes should be part of the broader societal effort to create a more
just and elegant environment for the situation for future generations who should
not be carry out this illegal or inhuman activity.
Conclusion
Killing is one of the most terrible and senseless crime in the history of any
country, so many laws are already taken place whether it is national or
International but still it is practising worldwide it is high time that these
people change their mentality and the people are no one else whether than the
parents so called family members who have there rigid mentality. There is a need
to understand that marrying by their choice, homosexuality, career oriented,
inter caste marriage, pre merital sexual intercourse, with terms of rape,
socializing outside the home, refusal of arrange marriage are not a sin for
society.
From now onwards India needs a huge reform and improvement and it is not meant
to build buildings or shopping malls, India needs to start creating again in the
true sense. and change the way of life of the typical citizen. Cases like this
demonstrate how most Indians live their lives inside the rigid confines of the
caste system, and how even today, adolescents are unable to make decisions that
affect their own life. India has not advanced as evidenced by the fact that
people continue to commit such archaic crimes on a random basis and see nothing
wrong with blessing the impure. Development must start at the core, at the very
beginning. Otherwise, it is essentially a hollow, eventually collapsing timber
structure that has been eaten within by termites.
Honour killing is done for saving the honour of the family. But there is no honour in
killing any person. 'Religion' and 'culture' can not and must not be supplicate as
justification for the killing of women, because religion and the laws which derive
from it are always subjective interpretations. No 'culture' has mentioned any kinds of right to kill and harm women based on their conception of morality or honour. The freedom
of belief does not mean freedom to kill.Everyone has right to life with full dignity and
equality. Hence actact On Society>
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