Abstract:
The honour killing or shame killing is to kill a
family member because of the perpetrators perception that the person has added
embarrassment or dishonor to the family, or offended the values of a society or
faith with a culture of honor. Typical explanations include divorce or breakup
from their partner, refusing to enter into an planned, infant or coerced
marriage, being in a partnership or making relationships with social classes
outside the family that are highly disapproved, getting premarital or
extramarital intercourse, being the target of rape or sexual abuse, clothes,
jewelry and deeper accessories.
While both men and women conduct and become
perpetrators to honor killings, the Code to Honor has differing requirements
for men and women in certain communities, with stringent rules for women's
chastity and men's obligation to perform violent actions if requested by
respect. In certain instances the honor code is part of a wider social
structure that subjugates women to men. This work discusses various aspects of honor
killing, laws, reason to commit and also the reforms suggested to bring about.
Key words:
KhapPanchayat, Honor crimes,Gotras and Sapindas, public
lynching, Domestic abuse, Inter-community marriage.
Honour killing can be defined as:
Honor crimes are acts of abuse, usually homicide,
committed by members of the male family against members of the female family
that have brought dishonor to the family.
For a number of
causes, a woman may be abused by her family, including: failing to join an
arranged marriage, becoming the object of a sexual attack, pursuing divorce perhaps
from an abusive partner or allegedly committing adultery. Honor killings are
common in rural places of India.
Therefore, a murder committed to save what is
considered to be the "honor" of one's family in a particular culture
against the shame caused by another member of the family could be called the
killing of honor.[1]
Provisions established in Indian law to eradicate Honour killing:
The Indian law seems to have gradually risen to this
issue after it has come into the spotlight and people are speaking out about
this violence. Lastly, after the killings, the UPA led the central government,
according to ex-home minister P Chidambaram, suggested amending the Indian
Penal Code and made honor killing a distinct offense; however whether it would
make any difference to the present situation still needs to be investigated as honor
killing amounts to murder punishable by the law.
Sections 299-304: Penalizes any person who is guilty
of murder and who is guilty of murder not amounting to murder. Murder
punishment is life sentence, or death and fine.
Section 307: Penalizes attempted murder with up to 10
years in prison, and a fine. When a person is injured, the punishment can lead
to life in jail.
Section 308: Penalizes attempts to commit guilty
homicide through imprisonment for up to 3 years, or with fines or both.
Section 120A and B: Criminalizes any citizen who is a
party to a plot.
Sections 107-116: Penalizes individuals for abetting
offenses including murder and guilty homicide.
But a significant addition to Section 300 of the
Indian Penal Code, 1862, must be made by introducing a new definition of
'Murder' in the case of 'Honor Killing' to make or legislation stricter on the
issue of 'honor killing.' The provision will make it harder for the judges to
recognize the cases of 'honor killing' and will make it easier for them to
determine the matters according to the provisions and papers alluded to above.
Reasons for Honour killing:
Casteism: While we have made so much progress, there is still a
persistence of the caste system in India and there is no denying it. It is
still stagnant and a justification for these heinous crimes. The very simple
distinction between Gotras and Sapindas needs to be examined in this respect,
for the key crux of the debate lies in the discrepancy between these
definitions. It can be seen that the marriage of one person who is the sapinda
of the other is considered invalid because in society marriage between such
close relatives is unacceptable and falls within the purview of forbidden
relations.
Mentality or psychology:Even today, owing to the prevailing caste system in
India, marriage outside caste is a taboo of some sort and the mindset has not
yet changed even after centuries and development has been made in various
fields inside society.
Khappanchayat:
These used to be Panchayats and parallel kinds of government formed by upper
caste and wealthier people and groups to strengthen their role and influence.
Such Khap's are more or less male-dominated and hold other unlawful powers,
such as demanding fees from people, boycotting other families or persons,
threatening a couple, bullying or murdering them, or boycotting them.
Government Problems: In villages and panchayats, even today, there is no organized
government and maybe khaps are still running.
What are honour suicides?
Honor suicides occur when a woman is ordered or
pressured into killing herself in an effort to avoid legal penalties for
murder. "Honor killings covered up as a suicide or an accident."
Pressuring women or someone to make suicide to escape from the offence of
murdering which is abetting someone followed these days.[2]
Some of the
countries where honour killing is not common yet is still basically overlooked:
Syria: Article 548 notes that "Whoever captures
his wife or one of his ascendants, brothers or sisters who perform adultery or
illegal sexual actions with another and kills or injures either or both of them
shall benefit from an exemption from prosecution."
Morocco: Article 418 of Penal Code notes that
"Murder, harm and assault are excusable if perpetrated against his wife by
a spouse as well as by the accomplice at the moment when he catches them in the
act of adultery."
Haiti: Section 269 of the Penal Code notes that
"in the case of adultery as provided for in Section 284, the assassination
of his wife and/or partner's spouse shall be forgiven instantly after they have
been found in flagrant delicto in the domicile."
Turkey: Turkey just modified its Honor killing rules.
Individuals found guilty of the offense are sentenced to life in jail.
India Scenario:
Honor killings, which are widespread in some of the
economically advanced states, are an example. Perpetrated in the garb of saving
the "honor" of the community, caste or family, such incidents occur
frequently as State governments are unwilling to take action. Violent acts
include public lynching of couples, murder of either the man or the woman
concerned, murder that appeared to be suicidal. They are illegal in India and
punished by law heinously.[3]
National legislations:
Indian Majority Act, 1859: Right to marriage is a fundamental right provided by
Article 21, and pursuant to Section 3 of the Indian Majority Act, 1857, a
individual who is a citizen of India shall attain a majority age after 18 years
of age. An individual who is a major, who wants to get married to a person of
another caste or inter-community marriage is not forbidden by statute, and all
honor killings performed on this basis are unconstitutional and strict steps
are to be implemented.
Special Marriage Act, 1954: The purpose of this Act is to provide for a special
form of marriage for Indian citizens as well as for foreign-born Indians. The
marriage shall be performed regardless of the caste, religion or faith of the
parties intending to marry.
Protection of Human Rights Act, 2006: This Act provides for the protection of human rights
of each person and the setting up of commissions and tribunals to achieve the
respective purpose. Despite such legislation, there is still a prevalence of
honor killing practices which lead to serious human rights violations.
Domestic Abuse Act, 2005: Within this Act, if a woman is prohibited from
marrying the guy she wants, this leads to the women's sexual violence.
Some of the
reforms suggested:
·
Unless citizens
are motivated at the grass root level to hate these killings and murders and
consider them as an egregious crime, no law can ever change matters.
·
KhapPanchayats
must be abolished to some degree, so that their lack of control in the villages
would help to solve matters.
·
People ought to
be informed on the theoretical rationale behind the idea of 'gotra' and its
irrelevance to 21st-century marriage.
·
Throughout the early
ages the gotra scheme may be found significant because it was meant to
discourage marriage between people of the same ancestry and to avoid depression
through inbreeding.
·
Only a clear
promise of marriage from a family member to the couple should be deemed a
possible risk to their life and police security for the couple should be
provided.
·
Punishment for
these horrific offences will prevent citizens from committing these 'mainly'
offenses.
[3]"Honour Killings in India".
About Author
Shaik Lalbee
B.A Llb
(Hons.)
Damodaram Sanjivayya National Law University, Vizag, Andhrapradesh.
0 Comments