French philosopher and Political activist Simone Adolphine Weil has postulated “Liberty, taking the word in its concrete sense consists in the ability to choose.” Whereas in our society liberty does not exist for the sake of Honour. There is created an imaginary line for women which she could not cross. If the women cross their limit and then they are killed for the contemplation of their family honour.

The perception is so well established that any attempt done by women to get her liberty from the orthodox customs, norms or tradition will be attack on their culture. This may provoke family and can lead to the honour killing. It’s peculiar in thoughts how can be killing an honour. That too killing of your own blood. It is done just because of social pressure what will people think and reacting on the situation like boycotting from the society.

In recent year, it is founded that not only women are targeted but there are some cases where males are also targeted and lynched again in the name of Honour killing. In 2014, the eminent newspaper, The Hindu found that 583 rape cases decided by New Delhi’s district court in 2013. Out of which one-fifth of the cases were wound up because the complainant did not appear or turned hostile.

Of the cases fully tried, over 40% dealt with consensual sex, usually involving the elopement of a young couple and the girl’s parents subsequently charging the boy with rape[1]. This startling fact meant that rape statistics are actually narrating something else as coercion and domestic violence against the women sexual autonomy.

There are other such several cases where found where liberty choice your relation was invoked and led to violence. Victims of such cases were falsely implicated in erroneous cases. And it will be suffered by both male and female members. The retired Chief Justice of India said that Whether it is parents, society or anyone, they are out of it. There is no one, either individual or society has the right to interfere with the marriage.

Definition of Honour killing

As name suggest crime which has been done in the name of Honour. In broader sense it can defined as Murder of one family member by another due to perceived shameful act by the victim upon their family or community.

In the modern age, the term was first used by a Dutch Scholar of Turkish society, Anne Nauta in 1978, [2] that Honour Killings should not be confused in contradistinction to a blood feud.

Human Rights Watch defines "honor killings" as “Honor crimes are acts of violence, usually murder, committed by male family members against female family members who are perceived to have brought dishonour upon the family. The mere perception that a woman has acted in a manner to bring "dishonor" to the family is sufficient to trigger an attack”[3]

Reasons for Honour killing

The Basic reason which lead Honour killing are:

• loss of virginity outside marriage
• Reporting of any abuse to any police or other authorities.
• pre-marital pregnancy
• infidelity
• having unapproved relationships
• refusing an arranged marriage
• asking for divorce
• demanding custody of children after divorce
• causing scandal or gossip in the community
• Victims of rape
• Having a boyfriend and girlfriend

And there are many more reason for killing of women. Victims of such act are punished in public and killed in mob lynching which shows unity of society against honor killing. There are incidents of lynching that the human eyes cannot see and sensitive minds can never countenance.

In our male dominated society women cannot choice their own freedom and dignity. This mind set of people in society is heinous and it led criminal act.

Historical aspects of Honour killing

Honour killings and punishment for it had been found back from olden days. For example, the Code of Hammurabi of Babylon (modern- day Iraq) which was issued in 1790 BC by king Hammurabi. Under this act, virginity of women is made property of her husband. And if she was caught in adultery, she and her lover were tied together and casted into water to drown.

The emperor of Rome, Augustus introduced the law Leges Juliae. Under which adultery was both public and private crime. In this law male head of the family can legally kill his wife and daughter if found in Adultery. Matthew Goldstein also noted that honour killings were encouraged in ancient Rome, where male family members who did not take actions against the female adulterers in their family were actively persecuted[4].

In Greece society the woman is inferior to man and also suffered at the hands of man[5]. And in Rome being raped was seen as dishonourable to the point of destroying a woman’s life and reputation, and honour killing was supposed to be merciful act.
 

Honour killing in India

India is country which is known for its culture, norms and tradition all over the world. It has one of the most unique way of living. It is one of the most religious and ethnically diverse nation in the world. Here, the religion plays an impactful and definitive role in the life of people. Moreover, the Indian constitution provide right to equality, freedom and practise of religion to the citizen. Although the nation has to suffer from negative ritual of society from many years. Creating a boundary of caste system and treating them unequally, women rights were always violated in the name of norms. The nation where women are treated as god. On the other side, they are killed in the name of Honour killing.

Back in 510 CE, the practice of self-immolation by widows was done which was known as sati pratha. Its attribute has been done in Eran, which is now known as Madhya Pradesh. Widows were encouraged to die in husbands’ funeral. It was said that women were purge themselves of their sins. It will ensure woman could not be with another man and it husband soul will get salvation. There were several reformists such as Vivekananda Ramakrishna, Vidyasagar and Great Reformists Raja Ram Mohan Rai brought awareness in the society about good and evil nature of customary practices.

Judicial view of Honour killing

After independence judiciary enacted as right of individual. In many judgement court has discussed honour killing in many different forms. Because it’s one thing which was much necessary create boundary between rituals and rights of individual. In Sujith Kumar v. State of UP [6] the High Court held that any people willing to marry from different caste or community have full right to conduct the same. No parents or guardians have legal right to harass them or to stop the marriage.

Most remarkable case regarding marriage was Lata Singh v State of U.P and Others[7] the Court observed that, if the young couples solemnizing love marriage are major then there is no right to prevent them in the name of caste and Honour. Indian Constitution clearly allows right to marry with a person of his/her choice.[8]

Sujit Kumar v. State of U.P[9] in this case High Court held that, ‘any person who is major and wants to get marriage to a person of another caste or community, held that parents could not legally stop him or her for getting married. Harassment, ill treatment or killing of such persons for bringing dishonour to family should be prevented. Such practice of honour killing is a blot in the society. High Court directed police to take strong measures against those who commit such honour killings’.

Over this 21st century, society shamelessly accepts the violence by name in the name of custom and traditions. Madhu Kishwar v. State of Bihar[10]in this case Justice K. Ramaswamy clearly stated that “an Indian woman has suffered discrimination in silence self-sacrifice and self-denial are their nobility and when then they have been subjected to all inequalities and discrimination.”

On 9th September, 2013, the Union of India passed the Bill titled ‘The Prohibition of Interference with the Freedom of Matrimonial Alliances Bill’ has been recommended by the Law Commission of India the 242nd Law Commission Report. In this bill it was discussed to passed any act to abolish honor killing. Unfortunately, this bill was never introduced as act.

Conclusion
We have so far discussed at length various aspects of honour killing in India. How in society honour king evolve and develop around us. Also we have seen the various rules and law. Steps of judiciary in honour killing after the independence of India. Still there are not any law which deals with the honour killing. Honour killing are still reported under section 300 and 299 of Indian penal code, 1860.

Police officers and private body working for honour killing should be more active. Cases which are hidden behind the suicide should be raised in court. It is also important to take strict action against khap panchayat or any other social body which is encouraging such activity in society.

Honour killing is done for the honour of family. But they all should be educated that there is no such honour in killing your own loved ones. As the society is evolving there should be created balance between the culture and law. Law is for the population of territory. So these law should give equal right to women and man.

There is no ‘culture’ has right to kill and harm women based on their perspective of morality of honour. The courts should be fast track for such incident. People village don want to take their personal matter to courts. So there should be any legal body established which can deal with such issue.

End-Notes:

1. See, The HINDU editorial of 29th July, 2014, <thehindu.com/data/the-many-shades-of-rape-cases-in-delhi/article6261042.ece
2. N. Nitu, ―Honour Killing –Need for Effective and Realistic Legislation‖, 7 IJAMH38(2018). 89Joseph.C. Segen, Concise Dictionary of Modern Medicine 125 (McGraw-Hill Professional, New York,1st edn.,2005)
3. See, "Violence Against Women and "Honor" Crimes" https://www.hrw.org/legacy/press/2001/04/un_oral12_0405.htm
4. Criminal Law Journal Sept 2012 Vol No 118 Part 1353, Honour killing are Against Islam-Ohm News International English.ohmynews.com
5. Ibid
6. AIR 2002
7. AIR 2006 SC, 2522
8. Article 21 of Indian Constitution
9. available at www.goodreads.com (visited on 17 july,2020))
10. AIR 1996 SC 1864