INSTITUTE OF LAW, NIRMA UNIVERSITY

CRIMINAL LAW- II

THE EVIL OF “HONOR KILLING”

- SHUBHAM RAGHUWANSHI 17BAL050

MAYANK SAHU 17BAL029

ABSTRACT

An honor killing, which is also known as shame killing, is the murder of family members
because of the perpetrators belief that the victim has violated the customs and belief of the
community or religion, generally for reasons such as love marriages, divorce, sex outside
marriages, inappropriate dressing, etc. Men can likewise be the victims of respect killings by
individuals from the family of a woman with whom they are seen to have an unseemly
relationship, or by sharing in gay movement.

Honor killing has been defined by human rights councils:

“Honor killings are acts of vengeance, usually death, committed by family members
against female family members, who are held to have brought dishonor 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
"dishonors" her family is sufficient to trigger an attack on her life.”

There are a number of young couples or young girls and boys are killed in the name of
customary practices of honor killing. As per customary practices women or girls are the
repository of her families, community honor. Therefore in order to protect the honor of the
family the relatives use to kill dishonored persons under the defense of culture. Mostly women or
girls become victims of the honor killing crime. Every year thousands of women are killed in the
name of honor killing for preserving and protecting the family honor. In modern era though there
are number of national and international legislation available, even then under the name of
customary practices frequently honor killing incidents took place in the society.

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The thesis is a socio-legal study of Honor Killing with reference to Matrimonial Alliances. It
critically analyses how- the premeditated killing of a girl or woman, and occasionally of her
chosen spouse or partner by her father, brother or a combination of male agnates -perpetrates the
transcendental social tradition of restoring the family's honor, which in their view has been
sullied by the behavior of the particular woman member of the family. This thesis examines why
despite the extra-judicial, extra-Constitutional nature of the crime, however, there are never any
formal complaints to the justice delivery mechanisms or the law enforcement agencies. This
work probes the reason for the consent of the community members and the reasons for social
support for the autocracy of the khap panchayats and similar bodies who perpetrate this violent
tradition. Why is the definition of Honor Killing with reference to Matrimonial Alliances so
inchoate and why is still there no ample political will for this and no comprehensive statute?
What is the legal and social situation in International jurisdictions? Are the given case-laws
mulled over by the Indian Judiciary unable or able shed light towards a solution? Despite a
hermeneutic dedication towards formulating legislations, why are the law-making agencies yet to
draft a proper law? Where does the criminal jurisprudence in our country stand today? Based
upon extensive research and field-study conducted by the researcher, what recommendations or
amendments to the existing law may be considered? This thesis critically examines the problem
and holds forth some practical hypotheses. The reality of Honor Killings with reference to
Matrimonial Alliances still remains a real problem today despite protection by the Constitution
of India including Article 21.

INTRODUCTION
Right to life is in alienable right of the human being this right is ensured under Article 21 of
the Indian Constitution as fundamental rights. Preservation of life is of most important,
because if one’s life is lost, the status  qunte  ante cannot be restored as resurrection is beyond the
capacity of man.’ Right to life is inalienable basic right of individual. It is the most precious
fundamental right amongst all human rights. Article 21 of Constitution has been defined its
widest amplitude includes right to dignity. It is a fountain head of the right to human dignity.
Right to dignity has been explained by the Supreme Court that, the right to life does not mean
only animal existence but to ‘live with human dignity’. It is the primary duty of state to protect
and preserve the dignity of the citizens. Human dignity is connected with the individual life. It is

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attached with the family, caste, community and society. They maintain their dignity, respect and
status as per customary practices.  
Though the country has made a lot of progress but, the role of women in the society is yet not
changed much. Unfortunately, even after 69 years of the Independence of India, women have not
got proper freedom and she is unable to enjoy the fruits of right to dignified life within her house
and in society. Women’s are always living under the influence of customary and religious norms.
Some harmful cultural and traditional practices may directly or indirectly violate the right to life
of women, which are deeply rooted in our society. She is still tied up by the rusted chains of
religious customs and traditions. Practically she is not getting any freedom, liberty and dignity of
life, as ensured under Article 21.  
Indian society is multi religious and society with varied cultures still holds unity in diversity.
There are many ill customs and traditions still prevalent in our society. Indian society is purely
depended upon the multi-religious, multi-traditional and prevailing number of customary
practices like, dowry death, Sati, Child-marriages, Infanticide, Feticide, Honor Killing etc.  
Honor killing is one of the customary evil practices in which murder committed by the family
members or society members to a man or woman for marrying against parent’s wishes, or having
extra-marital or pre-marital affairs, or marrying outside one’s caste or within the same gotra
etc., It is also called as ‘customary killing’ or ‘Domestic public violence’. Family members or
community members presumed that, once women’s honour is lost through her actual or
perceived behavior there is no way to restore again. Therefore, in order to wipe out dishonor or
shameful activity they use to kill their own young daughters and sons.  
Despite of education development the incidents of honour killing are rampant in our so ‘called
modern society’. Researcher observed that, every
year increases honour Killings incidents in society. Majority of girls or women are killing for
sake of protecting and preserving the honour their family or community, mostly the victims were
mainly youngster between twelve to twenty-four years old.  
India is a free and democratic country and once a person becomes a major he or she can marry
whosoever him or her like. But custom of marrying outside the caste considered as a sinful and
antisocial act. Every year thousands of people especially women are killed in the name
of honourand most of these killings go unreported. People in general never peep in to such
serious issues because they consider it as private affairs. Even in globalization era Indian

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society is seemed to be attached with the caste based evil customary practices. Several incidents
of honour killing increasingly trend being reported in the Haryana, Punjab, Western Uttar
Pradesh and rest of the country, due to this caste system number of young couple losing their
lives. In few states beside governmental bodies of the undemocratic institution are holding
powers in the name of custom and traditions like Khap Pancahyat. They are opposing to right to
choose a marriage partner within the same gotra or inter-caste marriages. There is no any specific
law to deal such crimes and whatever laws are there in our country are not sufficient enough to
create the fear in the mind of supposed criminals. In many cases customary caste Panchayats
have given punishment to the women and men. In order to protect and preserve ‘so called
family honour, their own family member’s use to kill their young daughter and son. 
 On achieving Independence, it was believed that India will usher into a Modern Global National
country wherein there will be no place for any kind of exploitation and suppression, blind belief,
superstitious etc., either in the name of customary practices or religious practices. Unfortunately,
this dream remained on paper and not fulfilled by the society. Honour killing crime is nothing
but violation of right to life. Right to life shows us to how to live with dignified life but
customary practice i.e., honour killing practice is exactly against the right to life with human
dignity.  
Even though there are number of policies are there to deal such evil practices but it is not
sufficient enough to curb their evil practices like honour killings. All government policies
seemed to be failed to stop this problem. The Central and State Government should take
the initiative to ensure an adequate new stringent legislation on such evil practices and enforce
serious penal sanctions against customary evil practices. 
 
SALIENT FEATURES OF HONOUR KILLING 
1) Honour killing is a collective form of crime, or violence where number of family members
and sometimes other society, community members plan and do the act of killing collectively.  
2) Honour killings are mostly committed against young women or girls for their actual or
allegedly sexual activities.  
3) The act takes place for control of women’s behaviour and marriage against the wishes of the
family members 

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4) There is no shaming of another’s feeling even when the girls or women are subjected to
cruelty, or rape. 
5) There is enormous pressure created on male members i.e. father and brothers to not to resolve
the matter and to kill them.   
6) Honour crimes decision is taken by number of persons including (father, brothers, uncle,
cousin, mother and sister) conspire together in the settlement of question.  
7) Victims are exceptionally given the opportunity to represent her version of the allegation.  
8) Family members are more curious to punish when the victims are pregnant.  
9) Defying of family for marriage, which violet the family’ honour.  
10) In the act of committing murder the offender manipulates the justice system to get defence in
the offence of murder61 .  
11) Cultures of caste or communities lead to honour killing in society.  
12) Honour killing crimes are based on perceptions of honour in order to control women’s
sexuality in the society. 
 13) Honour killing is a pre planed crime which is done by the family members,
sometimes including women who take a collective decision. 
 14) Mere perception, suspicion or rumour sufficient to consider it is as family dishonour to
encourage killing of a girl or woman.  
15) They will not give any opportunity to victim to prove his/ her dishonours actions. 
 
HONOR KILLING VOILATION OF HUMAN RIGHTS 
The harmful traditional and cultural customary evil practice such as honour killing violates
human rights rules and regulations. The most pathetic aspect of disrespect for human
rights includes various brutal practices such as; honour killing includes rape, forced marriage,
torture, imprisonment within the home and even murder. Indian societies possess a number of
customary practices. Honour killing is one of the customary practices which violate number of
human rights of the persons. Human rights provide number of rights in order to preserve and
protect the human life, liberty, equality and freedom without any discrimination. Millions
of life of women's has been affected by the violence. It constitutes a violation of the rights and
fundamental freedoms of women. Since womb to tomb, a woman is under the constant fear of
violence. In patriarchal society women suffering violation, she is not safe within the house and

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outside the house. Honour killing crime is deprived the all human’s rights, which offered by
national and international laws. Honour killings are an extreme form of violence perpetrated on
couples, According to Kavita Krishnan, secretary, of All India Progressive Women’s Association
(AIPWA) ‘It is needed to examine the much larger prevalence of violence towards couples who
married intercaste or inter-religious defying societal norms. Not all these cases end in a terrible
death. More often than not families manage to dissuade or force girls from picking their own
partners. There is very little outrage over these cases because communities are more or less
agreed on the need to rein in women’s autonomy. Girls are often held captive or forcefully
married off against their wishes. Across caste, society and religion, a woman’s autonomy,
when it comes to marriage, is considered negligible. This forms the backdrop
for honour killings in India’. 
Human rights are may be regarded as fundamental rights and inalienable rights which are
essential for life as human being. Human rights are the rights which are possessed by every
human being, irrespective of his or her nationality, race, religion, sex, etc. Simply because he or
she is a human being, Human rights are thus those rights which are inherent in our nature and
without which we cannot live as human beings. Human rights and fundamental freedoms allow
us to fully develop human qualities. According Protection of Human Rights Act, Human rights
means “As the rights relating to life, liberty, equality and dignity of the individual guaranteed by
constitution or embodied in the international Covenants and enforced by courts in India”. Human
rights are rights relating to the life, liberty, equality and dignity of the person guaranteed in the
constitution or embodied in the international Covenant and enforceable by courts in India. 
 
INTERNATIONAL COMMITMENTS ON HONOR KILLING 
While discussing honour killing as a violation of international human rights law it must be
established what is meant by the term of honour and the implication of use of such terms are.
Even though crimes of passion and crime of honour are put together in the same category
of honour rights abuses in certain United Nation Resolution, these crimes do differ. The point
where they differ is the rationale of the crime and the underlying perceptions of honour and
passion. The United Nation has considered the matter of honour killing in a very serious
manner in its resolution 55/66 on working towards the elimination of crimes against women

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committed in the name of the honour, the General Assembly requested the Secretary General to
submit a report to it at its work towards the elimination of those crimes. 
Attempts were made by international community from time to time to protect women from
customary practice and violence. The international instruments protest and condemn
unequivocally violence against women. A number of treaties and conventions were adopted by
the United Nations in this regard. India is ratified CEDAW and its provisions were read into the
Indian Constitution by Supreme Court. Though the court verdict is relevant to killing of women
in the name of honour of the family it is equally relevant to the field of violence against women.
Several of laws were enacted by the state to check crimes against women in general and
customary practices like honour related violence.  
However the laws are deficient, inadequate and lack of proper effective enforcement is always
observed However an international instrument fails to control and eradication of honour killing
crime from the society. There are number of provisions provides for the protection of persons.
Customary people’s follows strict, precise customs and rites in order to protect the honours of the
family, caste and community family members continues to do murders in the name of honour. 
The main object of international laws is to maintain peace all over the world, such as to protect
fundamental rights of individuals and to eliminate, prevent, discriminations individual basing on
creed, caste, class, sex, colour, place of birth etc. International laws also take efforts regarding to
provide protections against violations perpetrated by the state and its officials, or any private
person abuses or violation committed in the name of customary practices i.e. honour killing.
Traditionally signatory state has binding to protect the individual from any abuses or violations
with the hands of perpetrated. Although any kind of abusive behaviour means violence that
occurs within the family such as honour killing are the domestic violence. Most of the countries
are failure by state to prevent and control this crime. The U.N. gives the most comprehensive
definition of family violence means violence in the family manifest itself as physical
mistreatment, often repetitive, which is interrelated to the exercise of mental torture, neglect of
basic needs and sexual molestation. Violence is generally exercised in the closest family unit
where there are violence may be distinguished from the occasional occurrence of violence.  
Purpose of international human rights laws are that to protecting individuals against violation
and abuses perpetrated by the state and its officials or committed by any person. States are
obliged to implement rules and regulations of international laws to eliminate, prevent

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and minimise discrimination and harmful practices i.e. crimes in the state. Honour killing crimes

are a grave, extreme brutal abuse of Human Rights Law, that violate the right to life, and several
International Conventions. 

JUDICIAL VIEWS ON THE CUSTOMARY PRACTICES OF HONOR KILLING 

Judiciary always tries to control or eradicate honour killing practice through the judgements and
decisions of the court. Therefore, on 21 June 2011, a bench of Justice
R.M. Lodha and A.KPatnaikissued notice to the centre and some states, the state of Punjab, Uttar
Pradesh, West Bengal and Haryana for taking appropriate measures on the growing issue
of honour killing on filing petition by the NGO ‘Shakti Vahini’. 
On issue of honour killing case of State of Uttar Pradesh v. Krishna Master and another16
Supreme Court awarded life imprisonment to three person’s six family members were gunned
down, but said accused deserved death sentence. 
In another case of Lata Singh v. State of U.P. and Anothers17where Justice
Ashok Bhanand Markande Katju expressed views on honour killing issue that, over the several
instances of harassment, threats and violence against young men and women who marry outside
their caste and held that, Such acts or threats or harassment are wholly illegal and those who
commit them must be severely punished”. Court also gives trace on that, Inter-caste marriages
are in fact the national interest as they will result in destroying the caste system.   
It seems that judiciary is playing the most important role for the protection of persons from the
evil customary practices. Aforesaid decisions are beneficial to the entire society, as well as
nation. Judiciary not only provides justice to the society, but also provides that the protective
umbrella to the human beings. The bench of the court has given a historical judgment in Lata
Singh case18 that, caste system is a curse to the Indian society. The said judgement is first steps
towards eradication of caste system and inspiring to do inter caste-marriages and inter-religious
marriages in the society, it is also a step towards bringing Uniform Civil Code in India.     

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