The Bharatiya Nyaya Sanhita (BNS) applies to reported murder cases, and the accused is subject to punishment under its provisions. The victim's family receives compensation from the state. The fact that honour killings differ from other types of murders is where the issue resides. Many times, the crime goes unreported because the murderers have the backing of their families and communities, believing that by killing their own sons or daughters, they are upholding their honour. The victim's side is prevented from seeking justice because of the other side's dominant power. Since most of these crimes take place in rural areas, it becomes difficult to enforce people's rights.

The people living in remote areas are also not aware of the government's efforts to prevent this crime. If the individual is aware of their right to marry the person of their choice, which is an integral facet of article 21, they can seek redress from the Supreme Court or the High Court as soon as someone violates it ,and they won't be killed, and their basic human right, which is the right to live ,will be upheld. This article highlights the difficulties in upholding legal human rights in cases that are concealed from view and the ignorance of rural communities regarding their legal recourse in the event that their fundamental rights are violated. It also discusses the challenges a person faced while trying to get remedy for the violation of human rights on behalf of the deceased.

Introduction:
It's up to us, the living, to demand justice for the dead, who can no longer speak for themselves. It is the major problem that lies behind enforcing human rights ,especially in honour killing in India.
As Aristotle said, "Man is a social animal." He lives in a society, and he can't live alone. The society where the man lives imposes certain norms and values. If they not conform to such norms and values the society will practice ostracism or punish them. Due to fear, people bound by them.

The Social Contract Theory given by Thomas Hobbes states that , in a state or society ,there is a hypothetical agreement that exist between the people of the state giving up certain freedoms enjoyed in a state of nature to the ruler ,and the ruler in turn protect the rights of the people. So the state is responsible for the protection of the rights of the citizen. The right to life is a fundamental human right. But in case of killing the inter-caste married couple in the name of honour violates their right to life and to live without fear and threat.[1]

Caste System and It's Prevalence in Indian Village:

Caste system is more common in rural areas because it deeply rooted on their traditional and cultural practices.They are resistant to change.The idea of caste system is based on occupation ,caste hierarchy is made as Brahmins, kshatriyas , vaishyas and sudras and outside the caste system exist the so called untouchables i.e Dalits.This varna system now changed into Jati system ( based on identity).This states that caste as a system has declined but caste as an identity exist.varna hierarchy is all India framework while jati hierarchy is local framework which is prevalent in rural areas.

The inter - caste marriage also has classifications.Hypergamy which is known as anuloma is a traditionally accepted form of marriage where the man belongs to higher caste and the woman belongs to lower caste.In hypogamy which is known as pratiloma where the woman belongs to higher caste and the man belongs to lower caste, it is not acceptable. Many honour killings are take place because of hypogamy and not Hypergamy.

• The Bharatiya Nyaya Sanhita, 2023:
  • When the Indian Penal Code, 1860 was replaced by the Bharatiya Nyaya Sanhita, 2023 on July 1, 2024, certain changes were made.
  • The earlier Section 302 of IPC, which punishes murder with death, life imprisonment, and a fine, now includes punishment for murder committed by a group of persons on the basis of any caste, community, or similar grounds.
• Special Marriage Act, 1954:
  • This Act states that if both the man and woman are majors, then irrespective of their caste or religion, they can marry.
  • Rather than religious sanction, the state provides sanction to such inter-caste marriages.
  • However, the registration process for such marriages is very lengthy, making the couples vulnerable.
• Domestic Violence Act, 2005:
  • This Act states that any woman, including single women, mothers, sisters, widows, or those in any other relationship with the abuser, is entitled to legal protection.
  • The woman is protected under this Act from torture or ill-treatment by family members in her choice of love and marriage.
• Role of Judiciary:
  • The judiciary, using a tool called judicial activism, issues guidelines when there is no specific law.
  • In Shakti Vahini v. Union of India [AIR 2018 SC 1601], the Supreme Court held that honour killing is a part of honour crimes.
  • The Court recognized that any assembly indulging in torture or ill-treatment regarding a person's choice of love and marriage is illegal.
  • The Supreme Court also issued guidelines regarding preventive, punitive, and remedial measures.

 

Preventive Measures

• The state government should identify places where, in the last five years, reports of honour killings and khap panchayats have surfaced.
• The police should be very cautious if any instance of honour killings based on inter-caste or inter-religion marriages takes place within their limits.
• Any police officer who becomes aware of a proposed khap panchayat must inform their superior immediately. The Deputy Superintendent of Police must communicate to the khap panchayat members that the assembly is illegal.
• If the assembly still continues, the Deputy Superintendent of Police must personally attend and prevent any decision that harms the couple. The proceedings should be video recorded.
• If the Deputy Superintendent of Police believes that such a gathering cannot be prevented, they must propose further proceedings under CrPC (now Bharatiya Nagarik Suraksha Sanhita - BNSS) to the District Magistrate or Sub-Divisional Magistrate.
• The State and Central governments should focus on raising awareness to reduce such crimes.

Remedial Steps

• Despite preventive measures, if a khap panchayat issues an order against a couple or family, the jurisdictional police officer must lodge an FIR.
• Once an FIR is filed, notice must be given to the Superintendent or Deputy Superintendent, who will then be responsible for the investigation.
• The couple or family must be placed in a safe location by the police to prevent danger. The state should establish safe houses in each district.
• The Additional Superintendent of Police shall be appointed by the District Magistrate or Superintendent of Police to conduct an initial investigation into the nature and seriousness of the threat and submit a report within a week.
• Upon receiving the report, the District Superintendent of Police may instruct the Deputy Superintendent of Police to file an FIR for threatening the couple, which will attract penal provisions.

Punitive Measures

• If any of the above-mentioned duties are not followed by police officials, it will be considered gross negligence, and disciplinary action must be taken by the state.
• Honour killings or violence against couples should be tried in Fast Track Courts, with proceedings ideally concluding within six months.
• The state should establish special cells in each district and a 24-hour hotline to receive complaints and provide guidance and assistance to inter-caste married couples.

Enforcement of Human Rights in Concealed Cases

Only when a crime comes to the attention of the law can justice be served. However, honour killings based on inter-caste marriages often remain concealed. If a person's rights are violated, they or someone else on their behalf must come forward to seek constitutional and legal remedies. For instance, the National Crime Records Bureau (NCRB) reported just one instance of honour killing in Tamil Nadu in 2017 and 2018. However, an NGO's research indicated up to 195 incidents in the state. In April 2023, the Rajya Sabha was informed that from 2017 to 2021, only three murders in Tamil Nadu were officially attributed to honour killings. Meanwhile, NGO Evidence reported at least 24 such killings in Tamil Nadu between 2021 and 2023. The Freedom of Marriage and Association and Prohibition of Crimes in the Name of Honour Act was a proposed bill, but it was never discussed in Parliament. There is no specific legislation addressing the issue, although Section 103(2) of BNS provides some coverage. Most cases are reported as murders, suicides, or injuries.

Effectiveness of NGOs

Various NGOs across India work to protect inter-caste married couples, including:

• Himmat Mahila Samooh
• The Dalit Human Rights Defenders Network

The main issue is that when a case reaches an NGO, they proceed with justice-seeking measures. However, in honour killings, the crime often never leaves the family's or village's boundary. Even though NGOs monitor such crimes, someone must disclose the crime for action to be taken. Due to fear, most cases go unreported. The state should initiate measures allowing anonymous complaints.

Landmark Judgement of Manoj - Babli case:

Babli's family members ruthlessly killed Babli and Manoj from the Kaithal district's Karora hamlet in June 2007. This horrible act was done by the orders of khap panchayat. The couples were asked to accept one another as brothers and sisters. Insecticides were shoved down their throats when they protested. After that, they were strangled, and their corpses were dumped into the canal.

In March 2010, a court in the Karnal district convicted five members of the Babli family to death for the offence of murder. Mandeep Singh, the driver of the car used in the couple's abduction, received a seven-year prison sentence, while the leader of the khap Ganga Raj received a life sentence.

The Punjab and Haryana High court commuted the death sentence of four convicts to life imprisonment,Ganga Raj was said to be the prime conspirator, and another convict Satish was acquitted [5]
Till 2013 in National Crime Records Bureau (NCRB) report it includes only 12 causes or motives of murder. Honour killing was not among them. Only in 2014 honour killing is included as separate cause or motives of murder.

Many bill has been passed in the Parliament after Manoj - Babli case to bring specific legislation in honour killing but until now no specific law is passed. In 2019 ,Rajasthan alone had specific law by introducing a Bill for honour killing (The Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill, 2019) which provides death penalty or life imprisonment and fine upto 5 lakhs.

Biased Act Of Police
These are some of the incidents where the police officials act and negligent handling of the case towards the inter caste married couples ,which results in their death.
In 2024 a 19 year old woman was killed by their parents for not marrying within their caste. The Palladam Inspector of police C Murugaiah let the victim Iswariya to go with her parents after tracing her based on a missing complaint filed by her parents. she is a major while she get married.

The inspector must send her according to whom the person she wished to go, but his negligence results in the killing of the woman by their family members and their community. He was placed under suspension for "gross negligence" in conducting the investigation.The punishment must be some more severe for the police as his act leads to her death.
The couples who believed in law and the police officials sought the help of the police but the police officials act biased and supported her parents.The police officials must perform their duty properly.

Reasons for unreported cases and their remedies:
People who aware of such offences did not report it ,because of the following reasons,

• Lack of awareness: Honour killing based on inter-caste marriage happens mostly in rural society. People who wish to enforce their human rights in the courts are not aware of the process. The Government must take steps to educate people about their rights and the remedies available if those rights are violated.
   
• Fear of being punished by the people belonging to his/her own community: In such cases, out of fear, if someone wants to bring out the crime, the government can impart education regarding Epistolary Jurisdiction, where a letter can be taken as a writ petition.
   
• Not affordable to judicial process: If a person can't afford the judicial process, many NGOs file Public Interest Litigations (PIL) on their behalf. However, this is meaningful only when people are aware of such helping NGOs.
   
• Too long judicial process: From filing a case to getting justice takes too long and often years to complete. In most cases, justice is delayed, which amounts to injustice ("Delayed Justice is Injustice"). The large pendency of cases also contributes to this long process. Most people are not properly guided about the procedures.

Judgements On Honour Killing:
Lata Singh v State of U.P. & Anr [(2006) 5 SCC 475] was one of the initial instances wherein a Division Bench of the Supreme Court found that the petitioner is a major.She can marry as she likes and there may be no bar to do inter caste marriage beneath Hindu Marriage Act and other laws.

The Supreme Court in the case of Bhagwan Dass v State NCT of Delhi [(2011)6 SCC 396 ] held that honour killing comes beneath the class of rarest of rare case which merits death penalty and it's time to stamp out such barbaric , feudal practice. This is important as a deterrent for such outrageous and uncivilized behaviour should know that gallows look ahead to for them.

In Arumugam Servai v State of Tamilnadu [(2011)6 SCC 405] wherein the supreme court held that Inter-caste marriages are truely beneficial to the nation considering the fact that they may eliminate the caste system.
In 2022 Kannagi - Murugesan honour killing case ,Madras High court commuted the death sentence of Maruthupandian to life imprisonment and sentenced 9 others consisting of Kannagi's father C Duraisamy. [6]
State as a protector of human rights some of the steps they can taken to bring them out these cases are:

• Setting Committee: Maharashtra has set up a panel, the "Inter-caste/Interfaith Marriage-Family Coordination Committee," to collect targeted records about these couples and their families, especially if they may be estranged. This can ensure that these couples lead a good life. However, all states do not have such committees specifically to cope with this difficulty.
   
• Using Helpline Numbers: People should be aware of helpline numbers, but only some states have helpline numbers for honour killings. For example, in Tamil Nadu, Coimbatore Rural Police have their helpline numbers (0422-220077, 94981-01165, and 94981-81212), which are easily reachable. However, there is a need for a single helpline number throughout India.
   
• Through Schemes: To promote inter-caste marriages, the government has launched several initiatives, including:
  • The Inter-caste Marriage Scheme launched by the government of Himachal Pradesh, as a way of fostering social integration and inter-caste marriages, provides up to ₹75,000 to these couples.
  • Dr. Muthulakshmi Reddy Ninaivu Inter-Caste Marriage Assistance Scheme, which gives economic assistance of ₹25,000 for inter-caste marriages, with ₹15,000 as direct benefit transfer and a national savings certificate worth ₹10,000, alongside 4 grams of gold for thirumangalyam.

Suggestions:

1. Punishment for a crime is deterrent in nature. In spite of the death penalty, such honour killings take place everywhere without fear. The state should take steps to prevent this. The police should be aware of such happenings and try to stop them rather than act in favour of religious beliefs or community norms.
    
2. To stop this crime, the mindset of the people should change. They should accept such marriages as normal. They must consider their daughter to be more precious than their honour. People who talk about their family's reputation may talk for two days, but the person once dead is dead.
    
3. If the family does not like the marriage or fears community judgment, instead of killing their own daughter, they can support them to live away from their community. Awareness should be created among people to respect the choice of their daughter, who is a major, to get married.
    
4. To encourage people to disclose the crime, education about Epistolary Jurisdiction may be helpful, as it allows them to report anonymously.

Conclusion:
When the mindset of the people changes ,the society changes.Every citizen has both rights and duties towards each other.Everyone should respect others choice.There is no honour in killing their own daughter.In spite of the judicial guidelines this crime happens till today.BNS provisions are even though enough which prescribes punishment up to death penalty it is only a method of deterrence.

The major problem lies in enforcing the human rights of the women is her lack of awareness about the helping hands like NGO's. The person who wish to get justice for the deceased is in fear of their community e belongs. State should take initiatives to make awareness among the people, the ways to get justice in rural areas. It is from the people the change happens.

End Notes:

• Nidhi Bajaj, 'What You Need to Know About the Social Contract Theory', (iPleaders Blog, 28 March 2022), < https://blog.ipleaders.in/what-you-need-to-know-about-the-social-contract-theory/ > opened last on 6 March 2025
• Indian Kanoon: < https://indiankanoon.org/doc/92846055/ > last viewed on 6 March 2025
• 'Rising Honour Killings in India: A Look at 5 Brutal Murders in Recent Past' (Outlook India, updated on 20 June 2023) last viewed on 6 March 2025
• 'Killing Honour in the Name of 'Honour Killings' (The New Indian Express, 4 September 2023), < https://www.newindianexpress.com/amp/story/states/karnataka/2023/sep/04/killing-honour-in-the-name-of-honour-killings-2611437.html > last viewed on 6 March 2025
• Skadmin, 'Manoj-Babli Case: Facts, Issues, Judgement & Analysis', (Simple Kanoon, 1 January 2022), < https://www.simplekanoon.com/family-law/manoj-babli-case-1504/ > last viewed on 6 March 2025
• 'Honour Killing in Madurai: Girl Hanged from Tree, Parents…' (Times of India, 13 January 2024), < https://timesofindia.com/city/madurai/honour-killing-in-madurai-girl-hanged-from-tree-parents-strangled-her/amp_articleshow/106797809.cms > last viewed on 6 March 2025
• 'Maharashtra Government Institutes Panel to Track Inter-Caste…' (15 December 2022), < https://www.theswaddle.com/maharashtra-government-institutes-panel-to-track-imter-caste-inter-faith-marriages > last viewed on 6 March 2025
• Dr. Muthulakshmi Reddy Ninaivu Inter-caste Marriage…' last viewed on 6 March 2025

Written By:

• Maheswari S, 2nd year BA.LLB(Hons) - Sastra University, School of Law, Thanjavur, Tamilnadu
• Ram Prasath B, 2nd year BBA - VO Chidambaram College, Thoothukudi, Tamilnadu