Thursday 20 June 2013

Honor Killing in India by Shahrukh Taghvaei

Shahrukh .N. Taghvaei

Honour killing in india

An “honour killing” is a murder committed against a woman for actual or perceived “immoral” behaviour that is deemed to have breached the ‘honour code’ of a household or community. These so called ‘honour codes’ are the product of deeply rooted patriarchal social and cultural prejudices, whereby women are perceived and forced to bear all responsibility for maintaining communal honour. ‘Honour killings’ are an extreme and brutal abuse of human rights, violating the most basic of human rights—the right to life—as well as every other article in the International Convention on Human Rights (1948). The aim of the present essay is two-fold. Firstly we intend to show that what actually an ‘honour killing’ means and what are the reasons behind its occurrence. Also we will discuss about the position of International Law over ‘Honour Killing’. Secondly, we will be going to see that what are the various laws are present instantly in the country against the ‘honour killing’ and will try to find what more laws ought to be there to stop such a heinous crime.

Cultural crimes are basically the crimes that seek to place within the context of culture or under the head of it. As we all know recently; there has been a spate of honour killings which has shocked the country. Honour killing is one of the types of cultural crime present in the country. An honour killing (also called a customary killing) is the murder of a (typically female) family or clan member by one or more fellow (mostly male) family members, in which the perpetrators (and potentially the wider community) believe the victim to have brought dishonour upon the family, clan, or community.
The aim of the present essay is two-fold. Firstly we intend to show that what actually an ‘honour killing’ means and what are the reasons behind its occurrence. Also we will discuss about the position of International Law over ‘Honour Killing’. Secondly, we will be going to see that what are the various laws are present instantly in the country against the ‘honour killing’ and will try to find what more laws ought to be there to stop such a heinous crime.

The present essay is divided into three parts. The first part deals briefly with the meaning of honour killing and the reasons behind it. Further in the second part the author had discussed the laws present and proposed for the stoppage of ‘honour killing’ with the help of judicial decisions. Also the International Law on Human rights is discussed with reference to Honour Killing and various countries position is also discussed over it. The third and the last part of the paper describes about the possibility of various other laws and rules which ought to be there for the ‘honour killing’.

Human Rights Watch defines "honour killings" as the acts of violence, usually murder, committed by male family members against female family members, who are held to have brought dishonour upon the family. A woman can be targeted by (individuals within) her family for a variety of reasons, including: refusing to enter into an arranged marriage, being the victim of a sexual assault, seeking a divorce—even from an abusive husband—or (allegedly) committing adultery. The mere perception that a woman has behaved in a way that "dishonours" her family is sufficient to trigger an attack on her life.
Thus an honour killing (also called a customary killing), can be said as the murder of a member of a family or social group by other members, due to the belief of the perpetrators (and potentially the wider community) that the victim has brought dishonour upon the family or community.  Hence a murder committed in order to save what is considered in a specific culture the “honour” of one’s family against the shame caused by another member of the family could be termed as the honour killing.

The main reason for commitment of an ‘honour killing’ is belief that any member of family had brought dishonour to the family. The dishonour can be of different types for different families. The perceived dishonour is normally the result of the following behaviours, or the suspicion of such behaviours, which are dress codes unacceptable to the family/community; or wanting to terminate or prevent an arranged marriage or desiring to marry by own choice; or engaging in certain sexual acts, including those with the opposite or same sex, etc.

Also the most obvious reason for this practice to continue in India is because of the fact that the caste system continues to be at its rigid best and also because people from the rural areas refuse to change their attitude to marriage. Also in our country the society is mainly the patriarchal. Men are expected to enforce such norms and traditions and protect family and male honour from shame. Women are expected to conduct themselves honourably. This understanding of the notion gives legitimacy to all forms of social regulation of women’s behaviour and to violence committed against them.


So far, there is no specific law to deal with honour killings. The murders come under the general categories of homicide or manslaughter. Sometimes the honour killings are also done by a mob and so when a mob has carried out such attacks, it becomes difficult to pinpoint a culprit. The collection of evidence becomes tricky and eyewitnesses are never forthcoming. But ‘Honour Killings’ are against International Law on Human Rights and against United Nation agendas. But still even though we don’t have any law to deal with it specifically in India but we have judicial precedence over it. There are also some bills which are in the latent stage against the honour killings, which are planned to be introduced in the parliament sooner. As we have seen that the government is going to amend the Indian Penal Code, 1862, for the honour killing. But if we watch closely our Constitution and Indian Penal Code, 1862, we can see that they are in itself sufficient to combat with the ‘honour killing’. As we already know that ‘honour killing’ are not so different from the homicide; so we have already the following sections of Indian Penal Code, 1862, to punish the perpetrators behind the honour killings.

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