‘Killing in the name of honor’-

Blatant violation of human rights

OBJECTIVE OF STUDY
The objective of the study are:

1) To understand:

a) Meaning and nature of Honor killing

b) Relation between Honor Killing and Human Rights
c) Factor contributing towards Honor Killing

2) To discuss:

a) Some important cases on Honor killing

b) Method to curb the menace of Honor Killing

SCOPE OF STUDY
The study would limit itself to the analysis of the problem of Honor killing and describe
as to how Honor killing is a violation of Human Rights. The study also in brief discusses
about the origin, certain important cases and factors that have contributed towards the
growth of Honor killing.

RESEARCH METHODOLOGY
This project report is based on Descriptive Research Methodology. Secondary sources
have been largely used to gather information and data on the topic. Articles, journals,
books and other resources have been primarily referred to while making the project
report.

PAGE 1
Table of Contents
ACKNOWLEDGEMENT ....................................................... Error! Bookmark not defined.

OBJECTIVE OF STUDY ............................................................................................................ 1

SCOPE OF STUDY .................................................................................................................... 1

RESEARCH METHODOLOGY ................................................................................................. 1

INTRODUCTION...................................................................................................................... 3

ORIGIN OF HONOUR KILLING .............................................................................................4

HONOR KILLING AS VIOLATION OF HUMAN RIGHTS ..................................................... 5

REASON FOR PREVALENCE OF HONOR KILLING .............................................................8

METHODS OF HONOR KILLING ......................................................................................... 10

ROLE OF KHAP PANCHAYAT IN HONOR KILLING ........................................................... 13

SOME LANDMARK CASES OF HONOR KILLING ................................................................15

CONCLUSION AND SUGGESTIONS .....................................................................................17

BIBLIOGRAPHY ...................................................................................................................... 18

PAGE 2
INTRODUCTION

“Cultural and religious traditions that forbids cross-cultural unions prevent peace
on earth. Instead of rejoicing that our sons and daughters are heart-driven and love
other humans outside of their familiar religious, social or cultural domains, we
punish and insult them. This is wrong. Honor killings are not honorable by God.
They are driven by ignorance and ego and nothing more. The creator favors the
man who loves over the man who hates. If you think God will punish you or your
child for allowing them to marry outside of your tribe or faith, then you do not
know God. Love is his religion and the light of love sees no walls. Anybody who
unconditionally loves another human being for the goodness of their heart and
nothing more is already on the side of God”
-Suzy Kassem, Rise Up and Salute the Sun: The writings of Suzy Kassem

Indian is a multicultural and pluralistic society where a lot of beliefs and faith regulating
the life of the citizens. The Indian spiritual holy books i.e. The Bhagwat Gita, The
Mahabharata, The Quran, The Bible, etc. have been the model of thinking pattern in the
Indian society. People are greatly influenced by the caste system and other traditional
practices which they follow throughout their lives. The country is strangled in many ill
customs and traditions like dowry death, child marriages, infanticide, feticide, honor
killing etcetera. The honor killing is one of the most evil customary practice that is
prevalent in the society.

The people in India consider “Honor” i.e. prestige of a family as highly precious. In this
patriarchal country, women are considered as bearer of honor of the family. This
perception is so deeply rooted that if any woman tries to assert her right it is seen as an
attack on the cultural norms of the community and is strongly opposed. And this opposed
activity carried out by the family members in the name of honor is termed as an honor
killing.

Human Rights Watch stated that “Honor killings are the acts of violence, usually murder
committed by male family members against female family members, who are held to
have brought dishonor upon the family. A woman can be targeted by (an individual
within) her family for a variety of reasons including, refusing to enter into an arranged
marriage, being the victim of sexual assault, seeking a divorce even from an abusive
husband or (allegedly) committing adultery. The mere perception that a woman has

PAGE 3
behaved in a way that “dishonors” her family is sufficient to trigger an attack on her
life.”1

ORIGIN OF HONOUR KILLING

Conventionally there is no conclusive clarification regarding the origin of honor killing.
A number of writers stated that honor killing existed all over the world, while some stated
that honor killing originated in some societies of South Asia and Middle East which are
gravely rooted in customs and traditions since ancient periods. A few scholars claim that
practice of honor killing has its origin in Baluch and Pashtun tribal custom of
Baluchistan2, which later spread in other parts of the world as they migrated. During the
British colonial period the custom of honor killing in Baluchistan is clearly mentioned.

Honor killing also known as customary killing is a traditional practice that originated
over 2000 years ago and still prevalent in many parts of the world.3 Now International
Women’s Human Rights group reports that customary killing is mostly seen in countries
like Bangladesh, Brazil, Ecuador, India, Israel, Italy, Morocco, Sweden, Turkey, Uganda,
and United Kingdom.4In India, the states where it is mostly prevalent are Haryana,
Punjab, Rajasthan, Uttrakhand, and western area of Uttar Pradesh and in some parts of
Bihar.5 Incidents of honor killing is comparatively rare in Southern India.

1
Human Rights Watch. “Integration of human rights of women and the gender
perspective: Violence Against Women and “Honor” Crimes”
< https://www.hrw.org/news/2001/04/05/item-12-integration-human-rights-women-and-
gender-perspective-violence-against-women> accessed 15 December 2018

2
‘Law Z’ 10(8) PL 10

3
Ibid,12

4
Ibid

5
‘Legal Era’ 1(4) PL 7

PAGE 4
HONOR KILLING AS VIOLATION OF HUMAN RIGHTS
INTERNATIONAL LAW AND THEIR APPLICABILITY
Human rights are possessed by every person irrespective of his or her nationality, race,
sex, religion, etc. without discrimination. Therefore the violation of these rights is an
issue pertaining to international law and cannot be restricted to the jurisdiction of any
particular state. Human rights are not about the wealth possessed by a country or world
but about the dignity of each and individual living in this world. These are the inalienable
rights which are necessary for the survival of the human race. Killing people because
they refuse to comply with certain customs and traditions of a culture qualifies as a
blatant violation of Human rights.

The Universal Declaration of Human Rights which was proclaimed by the United
Nations (General Assembly resolution 217A) recognizes the universal protection of
fundamental human rights. Though it is not a legally binding instrument but it has a
profound persuasive value. Article 1 and Article 2 of the convention states that “All
human beings are born free and equal in dignity and rights”6 and “everyone is entitled to
all the rights and freedom set forth in the declaration without distinction of sex”7
respectively. The practice of honor killing violates both these articles as it is mostly
women who are compelled to not exercise their rights. Article 3 and Article 5 states that
“everyone has the right to life, liberty and security of person”8 and “no one shall be
subjected to torture or to cruel, inhuman treatment”9 respectively. Crime of honor killing
violates both the articles because the perpetrators of the crime inflict inhuman
punishment on the women victims who are believed to have brought dishonor to the
family. The Article 16 of the declaration states that “all men and women of full age have
the right to marry and to found a family, without any limitation due to race, nationality or
religion. The marriage shall be entered into only with free and full consent of the
intending spouses.”10 Honor killing violates this article as women are not given a right to
choose their spouse and are discriminated on the basis of caste.

6
The Universal Declaration of Human Rights, 1948 Art. 1

7
Ibid, Art.2

8
Ibid, Art.3

9
Ibid, Art.5

10
Ibid, Art.16

PAGE 5
CONSTITUTIONAL VIOLATION
The Constitution of India is the supreme law of the country. It vests several rights to the
citizens of the country. The crime of customary killing violates certain provisions in the
Constitution which are against the basic rights of the people. Honor killings are mostly
focused on women and are rarely directed at men. Thus it leads to the violation of Article
14 (Right to Equality) and Article 15(Prohibition of discrimination on grounds of
religion, race, caste, sex, or place of birth) of the Constitution. Women are suppressed
and restricted from making their own choices. Thus violating Article 19 and Article 21
which guarantee “freedom to speech and expression” and “right to life and personal
liberty” respectively.

Killing in the name of honor amounts to utter rejection of ‘egalitarianism’- corner stone
of India’s Constitution and testifies how the values of ‘feudalism’ and ‘patriarchy’ are
rooted in our social systems and structures. Honor killings are rooted in anachronistic,
antiquated attitudes and false promises11

NATIONAL LEGISLATION
Protection of Human Rights (Amendment) Act, 2006
This Act provides for protection of human rights of every individual and establishment of
Commissions and courts for securing the response objective. Despite of such legislation,
there is prevalence of honor killing practices leading to grave violation of Human
rights.12

The Special Marriage Act, 1954

The objective of this Act is to provide a special form of marriage for citizens of India as
well as for Indians residing in foreign nations. The marriage is done irrespective of caste,
religion or faith of the intending parties to marriage. But he customary practice of honor
killing is done contrary to this perspective amounts to violation of this Act. Since the

11
Pranab Kumar Rana & Bhabani Prasad Mishra, ‘Honour Killings- A gross violation of
Human Rights and its Challenges’ (2013) 2(25) IJHSSI 24-29
<http://www.ijhssi.org/papers/v2(6)/Version-2/E0262024029.pdf> accessed 16 December
2018

12
Puneet Kumar Grewal, ‘ Honour Killings and Law in India’ (2012) 5(6) IOSR Journal of
Humanities and Social Science

PAGE 6
registration process is a long one and there are chances of the couple being subjected to
violation during such period.13

The Indian majority Act, 1857

According to section 3 of Indian Majority Act, 185714 every person domiciled in India
shall attain the age of majority on completion of 18 years, unless his or her personal law
specifies otherwise. However, in case of guardian appointed to such minor, age of
majority will be 21 and not 18 year. The Act becomes relevant in cases where Khap
panchayat have forcefully separated married couples, who are otherwise eligible for such
marriage due to age etc. This is a clear case of violation of the provisions under this Act.

The protection of women from domestic violence Act, 200515

The provisions of the Protection of Women from Domestic Violence Act, 2005 provides
for more effective protection of the rights of women guaranteed under the Constitution
who are victims of violence of any kind occurring within the family and for matters
connected therewith or incidental thereto.

The scheduled castes and scheduled tribes (Prevention of Atrocities) Act, 200516
This Act was enacted by the Parliament of India, in order to prevent the cases of
atrocities against Scheduled Castes and Scheduled Tribes. The objective of the Act is to
facilitate the social inclusion of Dalit into mainstream of Indian society. The atrocities
under this Act includes various acts such as forcing an SC/ST to eat or drink any inedible
or obnoxious substance, removing clothes, parading naked or with painted face or body,
assaulting, dishonoring and outraging the modesty of an SC/ST woman, sexual
exploitation of an SC/ST woman, forcing an SC/ST to leave his or her house or village as
punishable. The Act is linked to honor killings because numerous incidents of honor
killing are in relation to caste and religion.

Indian Evidence Act, 187217

The Indian Evidence Act, 1872 provides punishment for those who are involved in
concealment of facts, either before or at the time of, or after the alleged crime. Article 13
of the Act: Facts relevant when right or custom is in question, where the question is as to
existence of any right or custom, the following facts are relevant: a) any transaction by
which the right or custom in question was created, claimed modified, recognized,
asserted or denied, or which was inconsistent with its existence; b) particular instance in
which the right or custom was claimed, recognized or exercised, or in which its exercise

13
Anand Mishra, ‘Honour Killings: The law it is and the law it ought to be’ PL 8
14
Indian Majority Act 1857, s 3
15
The Protection of Women from Domestic Violence Act 2005
16
The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 2005
17
Indian Evidence Act 1872

PAGE 7
was disputed, asserted or departed from. The Act is relevant to bring to justice those who
become victim because of the verdicts issued by the Khap Panchayat.

REASON FOR PREVALENCE OF HONOR KILLING

PATRIARCHAL MINDSET
Honor killing are often a result of strongly patriarchal views on women, and the position
of women in society. In these traditionally male-dominated societies women are
dependent first on their father and then on their husband, whom they are expected to
obey. Women are viewed as property and not as individuals with their own agency. As
such, they must submit to male authority figures in the family, failure to do so can result
in extreme violence as punishment. Violence is seen as a way of ensuring compliance and
preventing rebellion. According to Shahid Khan, a professor at the Agha Khan University
in Pakistan; “Women are considered the property of the males in their family irrespective
of their class, ethnic, or religious group. The owner of the property has the right to decide
its fate. The concept of ownership has turned women into a commodity which can be
exchanged, bought and sold.”18 In such cultures, women are not allowed to take control
over their bodies and sexuality: these are the property of the males of the family, the
father (and the other male relatives) who must ensure virginity until marriage; and then
the husband to whom the wife’s sexuality is subordinated. It is ensured that the women
do not undermine the ownership rights of her guardian by engaging in premarital sex or
adultery.

LACK OF EDUCATION
The lack of awareness and education of people on the rights guaranteed to them and how
to claims their rights when they are violated is one of the reasons for such honor killings.

18
Hillary Mayell, ‘Thousands of Women Killed for Family “Honor” PL 1
<https://www.unl.edu/rhames/courses/212/readings/honor-kil-ng.pdf> accessed 18
December 2018

PAGE 8
NO SEPARATE AND STRICT LAWS
The Indian law does not recognize a customary crimes like honor killing. Despite of
increase in the number of incidents relating to honor killing and judgements and
expression of intense outrage in Courts across India, the government has not paid heed to
this issue. Honor killing has not been defined nor legally recognized. Couples married
according to their own choice are guaranteed no protection by the law. The perpetrators
of honor killing are neither held accountable nor punished. These killings are reported
under only two categories viz. Murder and Culpable Homicide. Due to this most of such
crimes are not reported. This leads to failure in collecting the actual number of crime
committed in the country.

But in 2014, a separate category was created for compiling honor killing cases. It was
created due to the sustained campaign by a women’s group. The National Crime Record
Bureau (NCRB) collected the data on honor killing. The findings revealed a jump of
297% in the foreknown figures relating to this crime. The country has registered 251
honor killing incidents in 2015 against 28 in 2014 showing a pike jump in murders
carried in the name of honor.19

CASTE SYSTEM
According to ancient Indian literature, the caste system in India originated 2000 years
ago. Although in the beginning the caste was determined according to one’s occupation
but soon it became hereditary. Each person was born in an inalterable social status. The
four primary castes are Brahmin, the priests; Kshatriya, warriors and nobility; Vaisyas,
farmers, traders and artisans; and Shudras, tenant farmers, and servants.

This Caste system has been prevailing in the society ever since. Though many reforms
are brought in law, many documentaries and value education is given to people this view
towards caste is still stable. Where on inter-caste marriage is denied by certain cultural
groups, certain intra-caste marriage is also denied as a person is not allowed to marry in
his/her own Gotra or of their parents Gotra. Apart from inter-caste marriage, inter-
religious marriage also leads to large number of honor killing. The National Commission
of Women (NCW) study show that among 326 cases of conflict surveyed, 72% are due to
inter-caste marriage and 3% due to marriage within the same gotra.20

19
Sneha Singh,’Honor killings in India: Need for composite and strict law framework’
(2017) 4(3) IJIMS

20
Muruganathan S, ‘Honor Killing the menace: A case study in Tamil Nadu’ (2014) 1(1)
IJMRSS

PAGE 9
Only if the primitive ideology of casteism is eradicated, there can be peace and equality
and freedom of women’s right in the society.

HOMOSEXUALITY
Homosexuality or sexual inversion attraction of one person towards other of the same
sex, leading to physical contact and sexual pleasure. Female homosexuality is referred to
as Lesbianism. Mostly women are killed in the name of honor killing, but in
homosexuality men and women who are involved in immoral activity are considered to
have brought dishonor to the family. In order to preserve the honor of the family,
community member kill the victims in the name of honor killing.

REFUSING ARRANGED MARRIAGE

It has been observed that a large number of cases of honor killing arises when the women
refuses to marry the spouse chosen by the family member and expresses her will to marry
to a person of her own choice. In such cases the family members kill the woman in order
to preserve the family honor.

METHODS OF HONOR KILLING

BY STONING
In this method of punishment, the family member or the other society member tie the
victim to a tree or a pole and hit her with stones.

In Krishnajivadi village, Andhra Pradesh, a 32 year old man Sunkara Srinivas married a

22year old girl Swapna Reddy who was of the other caste. The people of that village felt
that this act was dishonoring the society. So, in order to protect the honor of the society,
the villagers tied the couple to a pole and pelted stones at them. This lead to the death of
the couple.21

21
Devaki, ‘Couple stoned to death in Andhra Pradesh’ ( 27 May 2010)
<https://www.oneindia.com/2010/05/27/couple-stoned-death-andhra-pradesh.html>
accessed on 17 December,2018

PAGE 10
BY BEHEADING
In this method, the family members unable to tolerate the dishonor brought to their
family decide collectively to kill the victim. They use sharp-edged blade to kill the
victim; dividing the body in two parts, the head and the trunk (body).

In Rohtak district, Haryana, a 22year old girl, Nidhi Barack and a 23 year old adult,
Dharmendra Barack belonging to the families of same Gotra eloped intending to get
married in Delhi. Nidhi’s family members convinced her to return back promising her to
not cause any harm to her or her husband. As Nidhi returned along with her husband,
Dharmendra, Nidhi’s father took them to his house and killed them by beheading their
body and buried their bodies in front of his house.22

BY SHOOTING
In this method, the family members in order to restore the honor of the family kill the
victim using gun or a pistol.

In Loee village, Muzaffarnagar, a brother killer her 22year sister who had a love affair
with a boy of different caste using a gun in order to protect the family from disgrace or
dishonor.

BY HANGING
In this method, the family member to avoid dishonor of the family kills the victim by
hanging her to a tree or to a ceiling of building.

In this case, Nirupama Pathak a journalism student belonging to Brahmin community fell
in love with a boy, Ranjan who belonged to a lower caste i.e. Kayastha community. The
family member of Nirupama came to know about this and called her home. The next day
she was found dead in the bedroom, her parents said that she committed suicide by
hanging herself. After the Post Mortem, it was revealed in the report that the case of
death was not suicide but murder.23

22
Sarabjit Pandher, ‘Parents murder daughter, lover for ‘honour’ in Haryana’ The Hindu
(20 September 2013) <https://www.thehindu.com/news/national/other-states/parents-
murder-daughter-lover-for-honour-in-haryana/article5148056.ece> accessed on 19 December
2018

23
Jim Yardley, ‘In India, Castes, Honor and Killings Interwine’ (9 July, 2010) The New York
Times https://www.nytimes.com/2010/07/10/world/asia/10honor.html accessed on 17
December, 2018

PAGE 11
BY BURNING
In this method, the family member in order to hide the real fact which could be love affair
with a person of lower caste, pre-marital pregnancy, extra-marital affairs etc. burn the
victim with the house and report the matter as a suicide case or a case of accident.

In this case Rekha Gokavi, an 18year old girl fell in love with a poor boy who belonged
to a very poor family. When her family got to know about this, in order to save the honor
of the family, her father and her uncle burnt her alive.24

BY STABBING
In this method, the family of victim kills her by stabbing her with a sharp-edged weapon
to save the family from dishonor brought by the victim due to considered immoral acts
which include refusing to arrange marriage, pre-marital affair, adultery, etc.

In October last year, a married couple who were also from the same community was
hacked to death by the relatives of the girl in Telangana Rajanna Sircilla district. The
couple, identified as Nedunuri Rachana and N Harish were attacked with swords killing
them on spot. The duo, both neighbors and belonging to the same community had got
married a couple of months ago. Rachana’s uncle Ashok, Shekhar and Nagaraju who
brought her up after she lost her parents were against the relationship as Harish was an
auto driver.

BY BRUTAL BEATING
In this method, when a person dares to violate the norms and code of the honor of the
family, community or religion, the family members beat that person to death.
In this case, a 20year old girl, Konda Mamta fell in love with a boy who belonged to
Dalit community. They were in a relationship for three years when her family members
got to know about it, they asked her to come back home and compelled her to marry a
boy of her own caste. Due to the family pressure she accepted to marry that person. After
the marriage, when the guest left the place, she expressed her desire to marry the boy she
loved. This confrontation lead to a hot argument between the girl and her parents.
Infuriated by the discussion, her father started beating the girl brutally and finally killed
the girl using an axe.25

24
‘ Honour killing: 18 year old burned alive by her father’ (1 May, 2008) The Times of India
<https://timesofindia.indiatimes.com/india/Honour-killing-18-year-old-burned-alive-by-
father/articleshow/2999696.cms> accessed on 17 December 2018

25
Hamza Khan, ’Jaipur Honour Killing: ‘My father was progressive, never thought my
parents could change’’ (30 August 2015) The Indian Express

PAGE 12
ROLE OF KHAP PANCHAYAT IN HONOR KILLING
Khap panchayat is a local judicial body which exist mostly in states of western Uttar
Pradesh, eastern Rajasthan, but are most prevalent in certain districts of Haryana namely
Bhiwani, Hisar, Kaithal, Karnal, Jind, Jhajjar, Rohtak and Sonepat. They are usually
comprised of upper-caste and elderly men from Jat community, who are united by caste
and geography. These social institutions have no legal sanctions and have no legal status.
They are believed to have been in existence since fourteenth century. Their main purpose
is to regulate and monitor the Khaps (clans or sub-caste) under the same gotra families in
the villages which it covers. Love marriages in these villages are considered as taboo.

It usually comprises of 10-12 elderly people of the village who control and make
decisions of the lives of people residing in that village. Many people often support these
Khap Panchayat due to their efficiency in making a decision as they deliver the verdict in
a single sitting against the courts which take several years to deliver the judgment. These
people have enormous faith in these illegal system of justice because the decision given
by them is cross-checked to ensure neutrality in decision, and so they are excused from
going to a court because sometimes innocent people become subject to harassment by
police. They enforce their decision through social sanctions and prohibitions, imposes
heavy dues, and sometimes even kill the victims or make them kill themselves. In the
name of Honor killing, a lot many couples are either killed or are compelled to commit
suicide when they don’t comply with the customs and traditions of that village or
community.

In certain villages of Haryana, young girls are often threatened killed and even forced to
kill themselves for flouting the Khap rules. Their family members make them feed on
pesticides, and burn to them alive in order to leave no clue for the police. In these areas
where the Khap panchayats operate, there is no concept of women’s right. The onus to
keep the honor of the village lies on the shoulder of these women. If a girl declines to
follow the rules set by the Khap panchayats, they are made to be the victim. However,
these rules are not so rigid for the men of such villages. If a couple elopes trying to
escape all these, their family member have to pay the price, they are boycotted and are
made to pay extensive amount of fines. The other women members of that family are
often abused and threatened. Because of such ruthless regulations, the girls of such
villages are married off at an early age so that they won’t go off track when they grow up.

Researcher observed certain characteristic features of Khap Panchayats:

https://indianexpress.com/article/india/jaipur-honour-killing-my-father-was-progressive-
never-thought-my-parents-could-change-4663024/ accessed on 18 December 2018

PAGE 13
  A Khap panchayat is usually a collective of at least ten to fifteen or more village
panchayats
 It is more active in Haryana, Rajasthan, Uttar Pradesh and Punjab with a sizeable
Jat population.
 There is one Sarva- Khap in the country which includes all the Khap panchayats
 Khap panchayats are different from the village panchayat, which are legally
elected under the Panchayati-Raj System. Technically, there are two panchayat in
a village- a formal legal Panchayat and an informal panchayat, whose member go
on to represent in Khap panchayat.
 Pradhan of each Khap is elected in an informal meeting held by the elders of a
particular Khap, there is no formal election.
 It is general belief that Khap constituted during the region of King Harshvardhan
in the seventh century.
 They are strong follower of religion, rites, customs, and traditions.
 They regulate the social norms in the caste, community, village
 Their decisions are binding to caste, community people
 In case of violation of established norms, they impose punishments like fine or
declare boycott or sometimes death punishment.

In the case of Arumugam Servai Vs State of Tamil Nadu26, Supreme Court strongly
expressed disapproved the practice of Khap panchayat taking law in their own hands and
indulging in offensive activities which endanger the personal lives of the people marrying
according to their choice. The Supreme Court issued notices to the Centre and 9 states on
a PIL seeking direction to the Union Government to make law to protect young couples
from honor killing. A bench comprising Justice R.M.Lodha and A.K.Patnaik issues
notices on a petition filed by a NGO ‘Shakti Vahini’ alleging that young couples who
dare to defy their families or Khap Panchayat in the matter of marriage are under constant
threat from them. Judiciary has right to adjudicate the offence committed by the citizens.
The Constitution of India has been given to the Supreme Court, various High Courts and
Subordinate Courts but the Khap Panchayat violated the law of the land. Caste based
village Council, extra-judicially punish inter-caste marriages, marriage taking place in the
same Gotra with public lynching of the couple, murder of the bride or the groom, social
boycott of the relatives, etc. Khap Panchayat sometimes made the victims parade naked
or blackened the face by their family members in order to regain family honor.

26
Arumugam Servai Vs State of Tamil Nadu (2011) 6 SCC 405 (SC)

PAGE 14
SOME LANDMARK CASES OF HONOR KILLING

MOHAMMAD IKRAM HUSAAIN VS STATE OF UP & OTHERS27

A writ of habeas corpus is issued not only for release from detention by the State but also
for release from private detention. At common law, a writ of habeas corpus is available to
the husband for regaining the custody of his wife if she is wrongly detained by anyone
without her consent. Hence the order of the High Court was not without jurisdiction.
However, issuing of a writ of habeas corpus at the instance of a husband is very rare in
English law. In India, such a writ is probably never used by a husband to regain his wife
and the alternative remedy under section 100 of the Code of Criminal Procedure is
always used. There is also the remedy of a civil suit for restitution of conjugal rights. In
both these cases, all the issues of fact can be tried and the writ of habeas corpus is
probably not demanded in similar cases if issues of fact have first to be established. This
is because the writ of habeas corpus can only be exercised in a clear case. That is
particular so in cases where the petitioner is himself charged with a criminal offence in
respect of the very person for whose custody he demands the writ. A writ of habeas
corpus at the instance of a man to obtain possession off a woman alleged to be his wife
does not issue a matter of concern. Though a writ of right, it is not a writ of course,
especially when a man seeks the assistance of the court to regain the custody of a woman.
Before a court accedes to his request, it must satisfy itself at least prima facia that the
person claiming the writ is in fact the husband and whether a valid marriage between him
and the woman could at all have taken places.

FAIZ AHMED AHANGER AND ORS VS STATE OF JHARKHAND28

In this case it was laid that “In such cases of inter-caste or inter-religion marriage the Court has
only to be satisfied about two things:

 That the girl is above 18 years of age, in which case, the law regards her as major vide
section3 of the Indian Majority Act, 1875. A major is deemed by the law to know what is
in his or welfare
 The wish of the girl,
According to the court, “In the circumstances, we direct that nobody will harass, threaten
or commit any acts of violence or other unlawful act on the petitioner, Chanchali
Devi/Mehvesh Anjum and petitioner’s family members and they shall not be arrested till
further orders in connection with the case in question. If they feel insecure, they feel
insecure, they can apply to the police and, in such event, the police shall grant protection
to them.”

27
Mohd. Ikram Hussain Vs State of U.P. & Others (1963) 5 SCR 86 (SC)
28
Faiz Ahmed Ahnager And Others Vs State of Jharkhand (2009) (3) SCC 692 (SC)

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ARUMURGAM SERVAI VS. STATE OF TAMIL NADU29

In this landmark case the Supreme Court said that, “Government Officials will be
held responsible for Honor Killings”

The Bench of Justice Markandey Katju and Justice Gyan Sudha Mishra passed an order
on Honor killings being reported across India. The bench stated that in recent years
“Khap Panchayat” (also known as Katta panchayats in the state of Tamil Nadu) which
often decree or encourage honor killing or other atrocities in an institutionalized way on
boys and girls of different caste and religion, who wish to get married or have been
married, or interfere with the personal life of people. We are of the opinion that this is
wholly illegal and has to be ruthlessly stamped out. In another important case, Lata Singh
case, it was stated that, “there is nothing honorable in honor killing or other atrocities
and, in fact, it is nothing but barbaric and shameful murder. Other atrocities in respect of
personal lives of people committed by brutal, feudal minded persons deserve harsh
punishment.” Only in this way can we stamp out such acts of barbarism and feudal
mentality. Moreover, these acts take the law into their own hands and amount to
Kangaroo courts, which are wholly illegal.

Hence, the court directed the administrative and police officials to take strong measures
to prevent such atrocious acts. If any such incidents happen, apart from instituting
criminal proceedings against those responsible for such atrocities, the state government is
directed to immediately suspend the District Magistrate/Collector and SSP/SPS of the
district as well as other official concerned and charge sheet them and proceed against
them departmentally if they do not 1) prevent the incident if it has not occurred but they
have knowledge of it in advance, or 2) if it has occurred, they did not apprehend the
culprits immediately and did not institute a criminal proceeding against them, will be
deemed to be involved directly or indirectly in this connection.

29
Arumugam Servai Vs State of Tamil Nadu (2011) 6 SCC 405 (SC)

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CONCLUSION AND SUGGESTIONS
Honour Killing is an affront to Human rights and Human dignity. It has done definitely
more harm than good. The families need to understand that there is no honor in killing
one’s own child and that killing is not the only solution. In this 21st century it has to be
understood that if a child of 18 years of age can be given a right to elect his own
representative then he/she is smart enough to take his own personal life decisions and has
the right to live. One of the steps taken against honor killing was on 2nd August 2010,
when youth in Meerut district of Uttar Pradesh came up with an idea of organizing a
‘Lover’s Party’ across the country to motivate lovers to stand united against Caste
Councils.

Thus, it can be concluded that the customary practice of Honor killing is a grave sin and
the people practicing such feudal crimes should be given harsh punishment so that one
should think twice before committing such crimes.

Some suggestions to combat ‘Honor killing’:

1. Illegal acts of panchayat that result in death of any person are punishable with
sentence of death or life imprisonment. In such cases, the entire Panchayat should
be held responsible.
2. A clause should be added to section 300 of Indian Penal Code that says ‘that any
person or group of persons would be said to have committed murder if it is found
that they acted in concert with anybody else or person’s death in the belief that
he/she brought dishonor to the family or clan or community or caste.
3. To ensure the members of such groups/organization/panchayat don’t get away
due to lack of evidence after committing serious crimes. It is suggested
amendment in the Indian Evidence Act 1872. The burden of proof should be on
the accused to prove his innocence.
4. It is suggested that there is need to have a separate cell for exercising control on
cruel decisions of Panchayat, which should present a report after a survey in
different areas. Preventive steps should be taken in the light of such report. It is
necessary to assess the pathetic condition of oppressed sections and victims of
atrocities in these areas of the society so that they can receive help from
government.
5. Public should be educated that there is no Honour in the act of killing. NGO’S
should be encouraged to spread awareness about Honor Killing.

PAGE 17
BIBLIOGRAPHY

 Human Rights Watch. “Integration of human rights of women and the gender
perspective: Violence Against Women and “Honor” Crimes”
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women-and-gender-perspective-violence-against-women> accessed 15 December
2018

 Kumar Rana P & Prasad Mishra B, ‘Honour Killings- A gross violation of Human
Rights and its Challenges’ (2013) 2(25) IJHSSI 24-29
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December 2018

 Kumar Grewal P, ‘ Honour Killings and Law in India’ (2012) 5(6) IOSR Journal of
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 Mishra A, ‘Honour Killings: The law it is and the law it ought to be’

 Mayell H, ‘Thousands of Women Killed for Family “Honor” PL 1

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December 2018

 Singh S, ’Honor killings in India: Need for composite and strict law framework’
(2017) 4(3) IJIMS

 Muruganathan S, ‘Honor Killing the menace: A case study in Tamil Nadu’ (2014)
1(1) IJMRSS

 Devaki, ‘Couple stoned to death in Andhra Pradesh’ ( 27 May 2010)

<https://www.oneindia.com/2010/05/27/couple-stoned-death-andhra-
pradesh.html> accessed on 17 December,2018

 Pandher S, ‘Parents murder daughter, lover for ‘honour’ in Haryana’ The Hindu (20
September 2013) <https://www.thehindu.com/news/national/other-states/parents-
murder-daughter-lover-for-honour-in-haryana/article5148056.ece> accessed on 19
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 Yardley J, ‘In India, Castes, Honor and Killings Interwine’ (9 July, 2010) The New
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