Honour Killings
Why in news:
Multiple cases of Honour Killing recently have been attributed to rigid social hierarchies and patriarchy by experts.
UPSC Relevance:
GS 1, Salient features of Indian Society – Caste Hierarchies and Patriarchy, Role of Women and Women’s Organization – Empowerment of Women, Freedom to choose partner. UPSC has shown interest in societal evils and structures, their causes and evolution in recent times.
PYQ:
2024 – Intercaste marriages between castes which have socio-economic parity have increased, to some extent, but this is less true of interreligious marriages. Discuss.
2023 – Do you think marriage as a sacrament is losing its value in Modern India?
What is so honorable in Honour Killing?
- Honour crimes are acts of violence, usually murder, mostly committed by family members predominantly against female relatives, who are perceived to have brought dishonour upon the family.
- Honour killings are rooted in outdated traditions and social values where women are considered to be the embodiment of family’s, caste’s, religion’s, honour and dignity or Ghar ki Ijjat as it is usually called.
- Any detour from the set path, conduct, hierarchies and boundaries that violates this honour comes with consequences often costing lives.
- The purpose is to set an example for others to not dare to violate the laid boundaries and hierarchies.
Multiple Cases in Past Month:
- Kavin Selvaganesh Case (Tamil Nadu) – This case, which sparked outrage and demands for a specific law on honor killings, involves a 27-year-old Dalit engineer named Kavin who was allegedly murdered by his girlfriend’s family. His crime was falling in love with a woman from a dominant caste.
- Gujarat NEET Aspirant Case (Gujarat) – An 18-year-old woman, who had cleared the NEET exam and was on her way to pursuing a medical career, was allegedly killed by her father and uncle. The motive was their disapproval of her being in a live-in relationship with her boyfriend. This case underscores how family “honor” is prioritized over a woman’s right to life, education, and personal freedom.
- Bihar Nursing Student Case (Bihar) – A 25-year-old nursing student was shot dead in a hospital in front of his wife, allegedly by her father. The couple was in an inter-caste marriage, which the girl’s family had opposed. The victim’s wife reported that her father had previously threatened them and that they had even filed a formal complaint with the court to preempt a potential attack. This case demonstrates how even in the face of legal protection and warnings, family violence can be carried out with impunity.
Why Does Honour Killing Continue?
Non acceptance of Inter-caste and Inter-religious Marriages – This is the most common cause. Families and communities, particularly in rural areas, believe that marrying outside of one’s caste or religion “pollutes” their bloodline and dishonours their family’s social standing.
- Caste as a deeply entrenched Social Phenomenon makes it difficult to accept Inter caste Marriages – highlighted by author
- Caste in India is a deeply ingrained social structure, not just an individual issue.
- It is perpetuated and legitimized by families, communities, and social systems through everyday customs and traditions.
- Children are made to internalize caste boundaries early on, which makes the system highly resilient.
- The family is the primary vehicle for transmitting caste across generations, not just political parties or organizations.
Non acceptance of Intra-caste and Gotra Marriages: In some communities, particularly in northern states like Haryana, marriages within the same clan (gotra) are forbidden, as it’s considered incestuous. People who violate this custom, even if they’re of the same caste, can face violence from so-called “Khap Panchayats” (caste councils) and family members.
Exercise of Sexual Autonomy by Females : A woman’s sexual behaviour is often seen as a reflection of her family’s honour. This leads to killings for a variety of reasons, including:
- Having a pre-marital or extra-marital relationship.
- Refusing an arranged marriage.
- Seeking a divorce or separation.
- Being a victim of rape or sexual assault.
Public morality prevailing over Constitutional Morality – violating Article 14, 19 and 21 of Constitution of India and violation of Special Marriage Act, 1954. Social vigilantism prevails over law and order.
Perception of impunity due to Social Collusion- the whole society works together to cover such acts in the name of maintaining social morality and it becomes difficult to punish the perpetrators.
Lack of Political Will – Politicians rarely talk about and address such issues due to sensitivity of caste and religion matters and possible effects on their vote bank.
Honour Killing despite Social mobility and Empowerment as it is seen as a challenge to the existing hierarchies and hidden pride – highlighted by author
- Access to education and meaningful employment for marginalized communities, particularly Dalits, challenges the rigid caste system. This empowerment leads to increased interaction and relationships across caste lines, especially inter-caste marriages.
- Inter-caste unions, particularly between Dalit men and dominant-caste women, are a direct challenge to centuries-old hierarchies and are often met with extreme violence.
- States with higher rates of Dalit empowerment and inter-caste marriages, such as Tamil Nadu, Telangana, and Kerala, also ironically have higher rates of “honour” killings.
- The online glorification of caste stems from a fear of losing inherited power and a deep anxiety about cultural change.
- Everyday customs, marriage arrangements, and inherited prejudices within the family ensure caste’s survival despite rising education and urbanization.
- The Paradox of Tamil Nadu
- Tamil Nadu presents a paradox where a strong public consciousness against casteism coexists with hidden, private caste pride.
- The state has a vibrant civil society opposing caste killings in strong voices, but social media platforms are also used to anonymously defend them.
- This reflects a society that is collectively progressive but individually conflicted, living in a space between tradition and transformation.
Underreporting Challenge:
- Since “honour killing” is not a crime classified separately under the Indian laws, no data is collected separately regarding this crime by the National Crime Records Bureau, and the same is covered under ‘murder’.
- Moreover, it is difficult to identify or classify an honour killing as such in any given community, since the reasons for such killings often remain a closely guarded private family matter. These crimes are often disguised as suicides or accidents.
- According to a 2021 NCRB report, 33 honour killings were recorded in that year.
- In contrast, NGOs and human rights groups often report much higher numbers. For example, the NGO Evidence reported 195 honour killings in the state of Tamil Nadu alone between 2014 and 2019, while official NCRB data for the same period was significantly lower. This discrepancy highlights the scale of the problem and the challenges in accurately documenting it.
Judicial Interventions:
| Case Law | Key Ruling & Significance |
| Bhagwan Dass v. State (NCT of Delhi) (2011) | In this case, the Supreme Court sentenced a father to death for the honor killing of his daughter. The court ruled that honor killings fall into the category of “rarest of rare” cases, deserving the death penalty. It highlighted that such killings are premeditated murders rooted in a feudal mindset and are a “blot on our nation.” The court firmly rejected any defense of “grave and sudden provocation” in such cases. |
| Arumugam Servai v. State of Tamil Nadu (2011) | The Supreme Court not only affirmed convictions for a caste-related assault but also took the opportunity to strongly condemn honor killings and the actions of khap panchayats. The court reiterated that such bodies have no legal or moral authority and that any violence or harassment in the name of honor is illegal. The judgment further directed all state governments to ensure that officials take swift action against those who promote or engage in such practices. |
| Shafin Jahan v Ashokan K.M.(2018)Known as Hadiya Case | In the Hadiya case, the Supreme Court upheld the validity of Hadiya’s marriage to Shafin Jahan, asserting her right to choose her life partner and religion. The Court recognized the right to marry a person of one’s choice as a fundamental right under Article 21, Right to Life. |
| Shakti Vahini v. Union of India (2018) | The Supreme Court issued a comprehensive set of preventive, remedial, and punitive guidelines to combat honor killings. The court declared that khap panchayats or any other extra-constitutional body have no right to interfere in the marriage of two consenting adults. This case is pivotal for providing a concrete legal framework to address honor crimes. SC recognised freedom to choose life partner under Article 21, Right to Life. |
Supreme Court’s Guidelines to combat Honour KillingIn the Shakti Vahini v. Union of India (2018) case, the Supreme Court of India issued detailed guidelines to combat honor killings, which are seen as a violation of the fundamental rights to life, liberty, and personal dignity.
Preventive Measures:
- Identify Vulnerable Areas – State governments must identify districts, sub-divisions, or villages with a history of honor killings or khap panchayat gatherings.
- Increased Police Vigilance – Officers-in-charge of police stations in these identified areas must be extra cautious and vigilant, especially regarding inter-caste or inter-religious marriages.
- Immediate Action on Information – If a police officer or district official receives information about a proposed khap panchayat meeting, they must immediately inform their superiors.
- Prohibitory Orders – The Deputy Superintendent of Police (DSP) or a senior officer must personally interact with khap panchayat members to impress upon them that such meetings are illegal. If the gathering cannot be prevented and poses a threat, the DSP can propose invoking prohibitory orders under Section 144 of the Code of Criminal Procedure (CrPC).
- Video Recording – If a meeting proceeds despite warnings, the police must remain present and video-record the proceedings to document any unlawful decisions or threats.
Remedial Measures:
- 24/7 Helpline and Special Cells – State governments must create Special Cells in every district, comprising the Superintendent of Police, District Social Welfare Officer, and District Adi-Dravidar Welfare Officer, to receive and register complaints. These cells should operate a 24-hour helpline to provide necessary assistance and protection.
- Immediate FIR Registration – If a khap panchayat issues a diktat against a couple, the jurisdictional police must immediately lodge an FIR under the relevant provisions of the Indian Penal Code.
- Protection and Safe Houses – Police must provide security to the threatened couple or their family. If necessary, they should be moved to a safe house within the district or elsewhere. The government may consider establishing safe houses at district headquarters for this purpose, where couples can stay for a nominal charge.
- Prompt Investigation – The investigation of the crime must be conducted with promptness and supervised by a senior officer to ensure it reaches a logical conclusion.
Punitive Measures:
- Fast-Track Courts – Criminal cases related to honor killings or violence must be tried before designated Fast-Track Courts. The trial should proceed on a day-to-day basis and be concluded within six months from the date of taking cognizance of the offense.
- Liability for Conspiracy – Anyone, including members of khap panchayats, found to be involved in the conspiracy or abetment of honor crimes shall be held criminally liable.
- Action Against Negligent Officials – Any police or administrative official who fails to comply with the court’s directions will be deemed to have committed an act of deliberate negligence and misconduct. Departmental action must be initiated against them, to be completed within six months.
Other Steps to Combat Honour Killing:
- Social sensitization and awareness is very important to address the true roots of the problem which is the tendency to control women and men and their sexual agency to maintain rigid social hierarchies based on caste and religion as highlighted by the author.
- Legal Reform – Making honour killing a separate crime under Bhartiya Nyaya Sanhita. Law Commission in its 242nd report has recommended barring Khap Panchayat Members from contesting any election if they are found involved in any such crimes of social vigilantism.
- Reporting and Collecting Data – NCRB should maintain data regarding honour killing. Police officers must be sensitized to ensure that such cases are reported and not disguised.
- Honour Killings in 21st Century India not only violates the rights enshrined in the constitution but goes against the very dignity of human beings in any free and open society. Timely actions are needed to curb this heinous crime at the earliest. It will help us realise the Sustainable Development Goal 5 that aims to achieve Gender Equality by 2030.