HONOUR KILLING AND HUMAN RIGHTS

HUMAN RIGHTS ASSIGNMENT

Submitted to: Submitted by:

Ms. Punita Parsoya Sakshi Trivedi

Assistant Professor B.A., LL.B. (Hons.)

Seedling School of Law and Governance VI semester

Jaipur National University ERP No. R21144

JAIPUR NATIONAL UNIVERSITY

SEEDLING SCHOOL OF LAW AND GOVERNANCE

SESSION: 2019- 2020

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 Table of Content

Contents
TABLE OF CONTENT...........................................................................................................2

ACKNOWLEGMENT............................................................................................................3

DECLARATION.....................................................................................................................4

CHAPTER:1............................................................................................................................5

INTRODUCTION...................................................................................................................5

CHAPTER 2............................................................................................................................8

HISTORY................................................................................................................................8

 EVOLUTION OF HONOUR KILLING IN DIFFRENT COUNTRIES....................8

 .....................................................HOUNOR KILLING IN CONTEXT OF INDIA

................................................................................................................................10

 SPECIFIC TRIGGERS OF HONOUR KILLING............................................13

 KHAP PANCHAYATS AND HONOUR KILLING:.......................................14

CHAPTER 3..........................................................................................................................16

HONOUR KILLING LEADS TO INFRINGE THE HUMAN RIGHT...............................16

 SOME OTHER INTERNATIONAL LAWS ON HONOUR CRIMES................20

 SOME INTERNATIONAL STEPS TAKEN TO COMBAT HONOUR

KILLING................................................................................................................21

CHAPTER 5..........................................................................................................................24

HONOUR KILLING AND LEGAL REMEDIES IN INDIA.............................................24

 SUGGESTIONS........................................................................................................26

BIBLIOGRAPHY..................................................................................................................28

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 Acknowlegment

I express my deep sense of gratitude to Ms. Punita Parsoya Assistant Professor, Seedling
School of Law and Governance, Jaipur National University, for her able guidance and
constant support in completion of my project in limited time frame.

I am highly indebted to HOD Sir, for giving me this opportunity to make this assignment,
which also helped me in doing lots of research work.

Sakshi Trivedi

B.A., LL.B. (Hons.)

VI semester

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 Declaration

I hereby declare that the project entitled “ HONOUR KILLING AND HUMAN RIGHTS ”
submitted in Seedling School of Law and Governance, is a record of an original work, done
under the esteemed guidance of Ms, Punita Parsoya , Assistant Professor, S.S.L.G., JNU. I
have given due reference of the sources from where I have collected the information. This
assignment is never been published in any other university.

Sakshi Trivedi

B.A., LL.B. (Hons.)

VI semester

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 CHAPTER:1

INTRODUCTION

Honour killing is seen as a dirty behaviour by the member of the family thinking to bring
purity to the family. It is an act of murder by the family on the family members to bring
honour to the family to eradicate the shame and dishonour brought by the family member.
The male member of the family kills the female member who has violated the wishes and
honour of the family. This is a kind of pre-planned murder by the members of the family
against the member who had bought shame to the family. Mostly these acts are caused due to
trigger done by the relatives, society, neighbours by whom the accused feels dishonoured and
gets provoked. Mostly these occur against the female who are assumed for sexual and marital
offences. In situation where the members should be a support for the female are against them
and brings a situation where they should not exist. India is a democratic country as every
citizen has their rights and freedom to do acts which does not violate law. In a society where
the citizens are equal without any discrimination, honour killing brings discrimination where
the family member is considered to bring dishonour by choosing a person of a different
caste.1(Keane 2016) Caste and status are the main reasons for honour killing in the present
world as the caste and status changes for a girl when she goes to her husband house. The aim
of the study is to know about honour killing and to bring out the seriousness of the crime and
to educate the society about its effects and to analyze the triggers of honour killing.

In patriarchal societies, the activities of girls and women are closely monitored. The
maintenance of a woman’s virginity and “sexual purity” are considered to be the
responsibility of male relatives—first her father and brothers and then her husband. Victims
of honor killings usually are alleged to have engaged in “sexually immoral” actions, ranging
from openly conversing with men who are not related to them to having sex outside of
marriage (even if they are the victims of rape or sexual assault).2 However, a woman can be
targeted for murder for a variety of other reasons, including refusing to enter into an arranged
marriage or seeking a divorce or separation—even from an abusive husband. The mere
suspicion that a woman has acted in a manner that could damage her family’s name may

1
HONOUR KILLING IN INDIA, 1R.PREETHI, International Journal of Pure and Applied Mathematics
2
Honor killing, by Raghu N. Singh, and Michael Ray J. Douglas Dailey , on Aug 03, 2016

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trigger an attack; these assumptions are generally based on men’s feelings and perceptions
rather than on objective truth. Ironically, female relatives often defend the killings and
occasionally help set them up.

In the 21st century, there was an increased international awareness of honor killing, however,
some countries remained reluctant to take the necessary steps to effectively criminalize it. In
the relatively uncommon event that a man was prosecuted for the killing, the subsequent trial
would often focus on the woman’s alleged behaviour, rather than the violence committed
against her. When a man was found guilty, the defendant could claim that the crime had been
committed to restore sullied family honor and petition the court for a reduced sentence. In
India, for example, the government enacted strict penalties for violence against women
during the 1980s3. However, honor killings based on intercaste and interreligious marriages
continued to take place in rural areas, where they were largely unreported to police because
of direct or indirect support among village residents. Such murders were often ruled as
accidents when reported. A woman beaten, burned, strangled, shot, or stabbed to death could
be ruled a suicide, even if there were multiple wounds and there was no possibility the
woman could have killed herself.

It is observed that, as per the report of United Nations Population Fund (UNFPA), that there
are five thousand victims4 of honour killings in the world annually. However, many cases are
not reported, and many deaths are reported as suicides, so it is difficult to grasp actual
numbers. Under the heading of the Honour Killing (Customary killing) no. of women and
men’s are murdering across the country and it is increases continuously. In India every year
more than one thousand young people loses their lives for protection of honour and in the
name of customary killing5 . It has been observed that, many of the parents think that; their
honour lies in their cast and by only killing their son and daughters who marrying outside
caste or inter-religious marriage the can protect their honour and will get more respect and
power in their society though it is a clear violation of the human rights of the victims of the
people whom they kill as well as violation of their fundamental rights

3
https://acadpubl.eu/hub/2018-120-5/2/146.pdf
4
Law Z, vol.11, N0. 02, Issue 114, Feb. 2011, P.15
5
.Magazine for Legal Professionals and students Lawyers updates Volume XVI, Part 08 ,August, 2010, P, 27

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 CHAPTER 2

HISTORY

“Honor is important to me and every homey [gang member] because if you ain't got honor,
you got nothing, man. I mean, no amount of money can buy you honor, so you do everything
you can to protect it. I mean, without honor, nobody will respect you, not your friends or your
family”6

Honour killings has a long history and it is closely linked to the emergence of patriarchal
social structures across Europe and Asia.. The regulation and protection of a woman’s
sexuality and chastity was very important in order to establish the paternity of off spring, the
rights to ownership of property and ensure the maintenance of lineage. The value of a
community was totally dependent on its land and women and ideas of shame and honour got
associated with these possessions i.e. men would kill anyone to protect their land or to protect
their women. Along with this, they would also kill the women if they violated the strict code
governing sexual relationships. In this manner, the custom of honour killings arose as a
central code that structured and regulated social relations in primary societies. This code is
still practiced in different parts of the world7

Although here are no conclusive explanations regarding the origins of honour killing
specifically with regard to South Asian continent, but still some scholars assert that the
practice originated with some Baloch tribes of Baluchistan and spread to other regions as they
migrated to different parts of the country8

 EVOLUTION OF HONOUR KILLING IN DIFFRENT COUNTRIES

Historical and anthropological studies shows that the honour of the family lies in the hands of
the male member and they were the only who have all the powers to do whatever they want
to protect that honour though this could result in killing their own daughters or other family
member. This has been happening for centuries in lands that gave birth to world civilizations
i.e. in agrarian societies such as India and China, the tribal regions of Pakistan, Arab Middle

6
Charles Stewart, “Honor and Shame” ,in International Encyclopaedia Of The Social And Behavioural
Sciences(2015) available at : www.academia.edu/16767807/
7
Rabia Ali, ”THE DARK SIDE OF ‘HONOUR’, http://hbv-
awareness.com/wpcontent/uploads/2011/06/REPORT-BY-SHIRKAT-GAH-The-Dark-Side-of-honourwomen-
Victims-in-Pakistan.pdf 1-49(Visited on July 20, 2017).
8
Navratan Fateh, Honour killing in Canadian context 4 (LAP Lambert Academic Publishing, U.K , 2014)

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East, throughout the areas that fall in the Mediterranean i.e. in Palestine, Turkey, Morocco
Lebanon, Greece, Italy, Spain, in Southern European region, as well as in Latin American
countries across the Atlantic.

The research by the scholars suggests honour killings existed in Latin America as well. In
Peru between 1200 BC and 1532 AD, it was legally permissible that a man could kill his wife
if he doubted her of having extra marital relation. At the same time, if a wife killed her
husband for having extra marital affair, she would get death sentence. In parts of Latin
America especially Brazil, machismo is often described as a code of honour. During ancient
days the laws of the Incas in Peru permitted husbands to starve their wives to death for
committing an adulterous act. The laws of the Incas permitted the heat-of-passion defense if
males killed their wives suspected of adultery. However, this defense was not extended to
women, and they would be hung by their feet until dead if they killed their husbands for
adultery. Even in some states of U.S until 19th century, husbands had the legal right to kill
their wives in case they could catch them in the act of adultery.9

Honour killings have been happening since ancient Roman times, when the senior male (pater
familias) within a household, had the right to kill a sexually active unmarried daughter or an
adulterous wife.10Being raped was seen as dishonourable act in ancient Rome to the point of
destroying women’s life as well as reputation and hence honour killing was supposed to be a
merciful act. Blackstone says that the Roman law vindicated the homicide when committed in
defense of the chastity either of oneself or relations.

In the Middle East, the origin and roots of honour related crimes can be found during 1700-
1752 B.C, in the codes of Hammurabi. These codes go as far back as the Assyrian legal code
3000 B.C., where rapists were punished with the rape of their own wives 11 The history of
culture and tradition of many countries reveal that the origin of honour killings is used as a
method to control women. The birth of a daughter would bring only despair to the father in
pre Islamic times. Fear of shame might lead some to bury their daughters alive and even if
kept alive, they would be treated less deserving than the male child.

9
Arun Pal, Honour Killing ;Culture ,Dilemma and Ritual 32 (Arise publishers, New Delhi, 2012).
10
Matthew A. Goldstein, "The Biological Roots of Heat of Passion Crimes and Honour Killings," in 21 Politics
and the Life Sciences 28-37 at 29 (2002)

11
Eliza Griswold, “Faith of Her Fathers”, The New Republic 13-14 at 14 (February 26,2001).

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In some Arab countries under Ottoman rule, a killer would "scatter victim's blood on his
clothes and parade through the streets exhibiting the bloody murder weapon to increase his
honour." In this manner they would earn community respect rather than disapproval for
taking a life.12

 HOUNOR KILLING IN CONTEXT OF INDIA

“Honour killings can also be described as extra-judicial punishment of a female relative for
assumed sexual and marriage offences. These offences, which are considered as a misdeed or
insult, include sexual faithlessness, marrying without the will of parents or having a
relationship that the family considers to be inappropriate and rebelling against the tribal and
social matrimonial customs. These acts of killing women are justified on the basis that the
offence has brought dishonour and shame to family or tribe” (Amnesty International 1999).
Another report says that “the regime of honour is unforgiving: women on whom suspicion
has fallen are not given an opportunity to defend themselves, and family members have no
socially acceptable alternative but to remove the stain on their honour by attacking the
woman”13

Though cases of Honour killings have been reported from all over India, but it is mainly
prevalent in the Indian states of Punjab, Rajasthan, Haryana,Uttar Pradesh and Bihar, as a
result of people marrying without their family's acceptance, and sometimes for marrying
outside their caste or religion. In contrast, Honour killings are rare to non-existent inSouth
India and the western Indian states of Maharashtra and Gujarat. In some other parts of India,
notably West Bengal, Honour killings ceased about a century ago, largely due to the activism
and influence of reformists such as Vivekananda, Ramakrishna, Vidyasagar and Raja Ram
Mohan Roy.

Among Rajputs, marriages with members of other castes can provoke the killing of the
married couple and immediate family members. This form of Honour killing is attributed to
Rajput culture and traditional views on the perceived "purity" of a lineage.14

The Indian State of Punjab is notorious for Honour killings. According to data compiled by
the Punjab Police, 34 Honour killings were reported in the state between 2008 and 2010: 10

12
Azad Kumar, Honour Killings; Global Perspective 11 (Saad Publications, Delhi, 2014).
13
Honour Killings and Law in India ,IOSR Journal Of Humanities And Social Science (JHSS) ISSN: 2279-
0837, ISBN: 2279-0845.Volume 5, Issue 6 (Nov. - Dec. 2012),
14
"Honor Killings in India".Daily Life in India. ,May 2, 2011 

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in 2008, 20 in 2009, and four in 2010 15.. Haryana also is known for incidents of Honour
killing16. In June 2010 some incidents were reported even from Delhi. In Haryana recently
there has been many incidents of Honour killings mainly due to blind verdicts of so called
Khap Panchayats. The Supreme court has declared such Khap Panchayats which often decree
or encourage "Honour killings" Illegal and a Supreme court bench of Justice Markandey
Katju and Justice Gyan Sudha Mishra has further said that there is nothing Honourable about
Honour killings or other atrocities and, in fact, it is nothing but barbaric and shameful
murder.17Supreme Court of India in 2018 held that"When two adults marry out of their
volition, they choose their path; they consummate their relationship; they feel that it is their
goal and they have the right to do so Any kind of torture or torment or ill-treatment in the
name of honour that tantamount to atrophy of choice of an individual relating to love and
marriage by any assembly, whatsoever nomenclature it assumes, is illegal and cannot be
allowed a moment of existence The consent of the family or the community or the clan is not
necessary once the two adult individuals agree to enter into a wedlock, said the three judge
bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY
Chandrachud while holding that any attempt by Khap Panchayats or any other assembly to
scuttle or prevent two consenting adults from marrying is absolutely "illegal" "When two
adults consensually choose each other as life partners, it is a manifestation of their choice
which is recognized under Articles 19 and 21 of the Constitution".18

 Famous Cases In India

Manoj –Babli Case19

Facts:
Manoj and Babli were the victims of the case. They had loved each other and thus eloped and
got married to each other. The family members on knowing this got furious and found the
victims. The family had taken the case to the khap panchayat who initially stated that any
person who has contact with the victim would have to pay 25,000 and hence no person
should contact them. After finding their whereabouts, the family had brought them before the
khap panchayat who was also against the marriage.They gave the decision against the victim
because the victims belonged to different caste. The decision was religious- caste based for
15
Honor killing in India,The Tribune,April 11, 2012
16
Indian village proud after double "honor killing".Reuters May 16, 2008
17
Venkatesan , "Khap panchayats, illegal: Supreme Court",The Hindu (Delhi),April 20, 2011
18
Shakti Vahini vs Union of India. SC 2018
19
Smt. Chandrapati vs State Of Haryana And Others Crl. Misc. No. M-42311 of 2007 (O&M)

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the interest of the society. The khap panchayat was also the accused who involved in killing
of the victim due honouring of the family. Relatives of babli were involved in the murder as
babli's grandfather was the khap leader. Nevertheless, the victims were abducted and killed
by them.

Court Decision: However, when this matter went before the court of karnal district, they had
sentenced five perpetrators who were involved in the murder to life sentence. This is the first
honour killing case hitting as landmark judgment on giving life sentence to the accused of
honour killing. The driver who involved in the abduction was sentenced to imprisonment of
seven years. Honour killing is also considered as the most serious offence.

Shakti Vahini v Union of India20,

The State of Jharkhand has filed its response stating, inter alia, the measures taken against
persons involved in such crimes. Apart from asseverating that honour killing is not common
in the State of Jharkhand, it is stated that it shall take appropriate steps to combat such crimes
A counter affidavit has been filed on behalf of NCT of Delhi. The affidavit states that Delhi
Police does not maintain separate record for cases under the category of Honour Killing.
However, it has been mentioned that by the time the affidavit was filed, 11 cases were
registered. It is urged that such cases are handled by the District Police and there is a special
cell functioning within Delhi Police meant for serious crimes relating to internal security and
such cases can be referred to the said cell and there is no necessity for constitution of a
special cell in each police district. Emphasis has been laid that Delhi Police has sensitized the
field officers in this regard so that the issues can be handled with necessary sensitivity and
sensibility.The Department of Women and Child Development has also made arrangements
for rehabilitation of female victims facing threat of honour killing and efforts have been made
to sensitize the society against commission of such crimes. A circular dealing with the subject
Action to be taken to prevent cases of “Honour Killing” has been brought on record.

The State of Maharashtra vs Eknath Kisan Kumbharkar21

It was further held that honour killings have become common place in many parts of the
country, particularly in Haryana, western Uttar Pradesh and Rajasthan. Often young couples

20
Shakti Vahini vs Union of India. SC 2018
21
The State of Maharashtra vs Eknath Kisan Kumbharkar CONFIRMATION CASE NO.3 OF 2017

11 | P a g e
who fall in love have to seek shelter in the police lines or protection homes, to avoid the
wrath of kangaroo courts.

We have held in Lata Singh case that there is nothing "honorable" in honour killings, and
they are nothing but barbaric and brutal murders by bigoted persons with feudal minds. In our
opinion honour killings, for whatever reason, come within the category of the rarest of rare
cases deserving death punishment. It is time to stamp out these barbaric, feudal practices
which are a slur on our nation. This is necessary as a deterrent for such outrageous,
uncivilized behavior. All persons who are planning to perpetrate "honour" killings should
know that the gallows await them".

S Khushboo V Kanniammal & Another 22the Supreme Court held that While it is true that
the mainstream view in our society is that sexual contact should take place only
between marital partners, there is no statutory offence that takes place when adults willingly
engage in sexual relations outside the marital setting, with the exception of 'adultery'
as defined under Section 497 IPC. The Court reffered to its earlier decision in Lata Singh v.
State of U.P. and Anr wherein it was observed that a live-in relationship between two
consenting adults of heterogenic sex does not amount to any offence (with the obvious
exception of 'adultery'), even though it may be perceived as immoral. A major girl is free to
marry anyone she likes or "live with anyone she likes".

 SPECIFIC TRIGGERS OF HONOUR KILLING

 Refusal of an arranged marriage: The member of the family be it a male or female

member of the family, if refuses to accept the marriage arranged by the family,
they would be triggered to be killed for the welfare of the family. It is a kind of
shame the family members feel when the person does not accept the marriage
arranged by the family.
 Seeking a divorce: The victim of honor killing would be a married party and
would have been divorced due to family issues in their marital life. Seeking
divorce by the member would bring down the prestige of the family where they
feel the victim would rather die than being alive and they themselves kill the
person.

22
S Khushboo V Kanniammal & Another CRIMINAL APPEAL NO. 913 of 2010

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  Allegations and rumors about family members: The victim may be subjected to
allegations or wrong talks by the neighbors or other members in the society. In
that case knowing the true fact or not, the members of the family for their status
and prestige would kill the member. Killing the victim according to them brings
an additional prestige and status to the family.
 Homo-sexuality: It has become natural where love comes between the people of
the same sex. When a couple of the same sex wants to live together the family or
the society does not permit it and in turn creates more and more allegations and
triggers the members of the family.
 Victims of rape: In a society where women should be protected, they are being
raped. In that case it is the duty of the family to accept such victims but the family
feels it as a shame and feels the life of the girl is gone and she is completely
useless to the society and the family and thus she would be killed by them.
 Inter-caste marriage: Marriage done by the victim with another person of the
different caste brings down the caste of the party who seek their caste as their soul
and important than their member of the family. In such case, the member who is
of higher caste would kill the victim than living by lowering their caste. In case
where the victim is of lower caste, and the caste is the heart and soul of their
prestige, they do not care about the victim and would kill them despite of the fact
that they belong to their family. Not only their family members become the victim
the other party with whom they want to live also becomes a victim.

 Khap Panchayats and Honour Killing:

Khap is a cluster of villages united by caste and geography and all boys and girls within a
khap are considered brothers or sisters. In Khap Panchayats, the leadership is to be chosen on
the parameters of social status, stature, age, gender, financial power etc. These are not truly
democratic bodies, but a consultative process is formally observed where the decisions are
respected by the community under peer pressure to shun social stigma for a failure to adhere
to the decisions. The principle of natural justice is hardly observedIn areas governed by Khap
panchayats Love marriages are considered taboo and those living in a Khap are not allowed
to marry in the same gotra or even in any gotra from the same village. Social boycotts and
fines are the major tools for implementing the orders of Khap Panchaayts and incidents like
Dalit girl in Haryana committing suicide after being allegedly gangraped on the orders of
Khap Panchayat are not rare.
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It is basically a small court on which people who are heading it have their own rules and
regulations and follow the the deterrent theory of punishment it basically prevailed in the
village areas of Haryana and Punjab there the people as too strict about there cat system and
still in the 21 century are constant with there thought that the girls are inferior to men and if
they do anything which is not a cup od tea of a girl and according to their custom what a girl
is not supposed to do or which lower down their honour then they will take strict action
against i.e honour killing and also against any other person who lower down the honour of
their community.

The reason governing these khaps is that different societies have different customs or system
of prohibitions, according to which a male or a female cannot have marriage with another
male. Khap Panchyats, Adjudicating Cultural Dishonour? Female of other caste. They
follow the rule of endogamy which means the rule restricting marriage to members of the
same tribe, village, caste, sub caste or other social group. Most people think that caste system
is a static rigid feature of Hindu society and it cannot change. This kind of thinking gives
strength to the system of khap panchayats in our society23

Chapter 3

Honour Killing Leads To Infringe The Human Right

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

23
Niresh Kumar Srivastava And ... Vs State Of U.P. And Others2006 (5) SCC 475.

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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.
Violence affects the lives of millions of women worldwide. 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 outside the house. Honour killing crime is deprived the all human’s
rights, which offered by national and international laws.

The purpose of human rights law has been understood as protecting individuals against
abuses perpetrated by the state and its officials, abuses commit ed by private actors have
traditionally been excluded from the ambit of international human rights law and many forms
of violence against women have thus not been viewed as violations imputable to the state.
Furthermore, the traditional view of the law of state responsibility holds a state accountable
only for breaches of international obligations committed by or attributable to the state24

Honor killing is a form of murder, an act with intention to remove a life of someone. Human
rights, is a right for humans simply because he/she is a human and is born as a human.
Universal Declaration of Human Rights describes 30 provisions of what are classified as
human right. The Article 3 mentioned, 25that everyone should respect and protect the right of
life among all human being. Based on that, a homicide, for any reason, is violating human
rights. Therefore, honor killings are also against human rights

Human rights are very connected to justice. By protecting human rights, we also fight for
justice. Human rights has principles, there are:

 Universal and inalienable

 Interdependent and indivisible

 Equal and non-discriminatory

24
See, e.g., Cook (1994), R., ‘State responsibility for violations of women’s human rights’, 7 Harvard Hum. Rts.
J. [1994], 125-176, 127
25
„Everyone has the right to life, liberty and security of person‟ (Universal Declaration of Human Rights, 1948)

15 | P a g e
Based on its concept, human rights are universal and ideal to restore peace and justice among
human being. The problem lies on how human perceive human rights. What is considered as
justice to one person may bring injustice to other person or groups. This diversity leads to a
various criteria of justice. Suddenly, human rights aren‟t universal anymore.

The concept of human rights is absorbed into man‟s environment. Cultures and beliefs also
determine one‟s perspective. For instance, person who lives in a fundamental religious family
is more likely to have a perspective of justice based on his fundamental religion belief. Other
illustration, person who live in a more heterogenetic society and is having a moderate family
will have different justice criteria with the one who experience fundamental religion teaching.

As being seen on several honor killing cases, the perpetrators are driven by the urge to restore
family dignity, broken by the family member. In their point of view, marriage for love; career
women; wearing a revealing clothes; hanging out with friend from other cultural background,
are forbidden. That is a result of their cultural and belief background. So, eliminating a
chance for a woman to experience all that is okay for them. Meanwhile, according to
Declaration on the Elimination of Discrimination against Women (CEDAW) women should
have equity towards men. „Bearing in mind the great contribution of women to the welfare of
the family and to the development of society, so far not fully recognized, the social
significance of maternity and the role of both parents in the family and in the upbringing of
children, and aware that the role of women in procreation should not be a basis for
discrimination but that the upbringing of children requires a sharing of responsibility between
men and women and society as a whole‟ (CEDAW, 1981). Moreover, CEDAW also explains
that „Aware that a change in the traditional role of men as well as the role of women in
society and in the family is needed to achieve full equality between men and women‟. This is
not an era where women are restricted from any opportunity. Women are not to be an object
but she is a subject that possesses rights for higher education, for instance.

Article 2(1)26 of the ICCPR provides that states have an obligation to respect and to ensure
the rights protected in the Covenant to all individuals within its jurisdiction without
distinction of any kind. Article 127 of the ECHR obliges states similarly to secure the rights in

26
Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its
territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any
kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property,
birth or other status.
27
Right to life

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the Convention and Article 1(1)28 of the ACHR obliges states to ensure the free and full
exercise of the rights protected in the Convention. Traditionally the state fulfils its obligation
to ‘respect’ by not infringing upon the individual’s rights, while the obligation to ‘ensure’puts
an affirmative duty upon states. It should be noted that also the duty to respect goes beyond a
mere duty to refrain from abuses of human rights and that the distinction between respect for
and protection of human rights should be seen as flexible 29Thus, a state must not only respect
the right to life but also ensure it and must thus take certain protective measures to prevent
the deprivation of life of one person by another person, e.g., through legislation, as well as to
investigate homicides and prosecute the perpetrators.30

Also the Article 12 of ECHR provides the right to each and every individual to marry the and
start their family this does not have any cast restriction as those who are killing the people
who have married outside their cast or religion is clearly the violation of their basic human
rights as this right are only There are some situations where a public authority can restrict
your rights to freedom of assembly and association.This is only the case where the authority
can show that its action is lawful, necessary and proportionate in order to:

 protect national security or public safety

 prevent disorder or crime

 protect health or morals, or

 protect the rights and freedoms of other people.

Acts Of Private Persons And The Scope Of The Duty To Ensure The Right To Life As
Interpreted By Un Human Rights Bodies

The different monitoring bodies have adopted slightly differing approaches and language
when tackling the issue of positive obligations. In relation to right to life, the Human Rights
Committee (HRC) has noted that the protection of the right to life “requires that States adopt

28
 Right to Life 1. Every person has the right to have his life respected. This right shall be protected by law and,
in general, from the moment of conception. No one shall be arbitrarily deprived of his life.

29
Eckart Klein (ed.): The Duty to Protect and to Ensure Human Rights (Berlin: Springer Verlag 2000) 165,
170–173, and 319
30

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positive measures.”31 The HRC has addressed the issue of lack of state control of acts
committed by private actors in violation of the right to life in a number of Concluding
Observations criticising lenient laws regarding infanticide, tolerance of female genital
mutilation,49 and “easy availability of firearms.”32 Moreover, in March 2002 the HRC found
a violation of Article 6(1) in a case where the son of the author lost his life because of
inhuman prison conditions and lack of medical treatment. The Committee concluded that
Russia had failed to take appropriate measures to protect the applicant’s son’s life during
detention.33

The Convention on the Elimination of All Forms of Discrimination against

Women (CEDAW) requires states to grant women equality before the law, including equal
legal capacity and the ability to exercise that capacity in civil matters (Art. 15) 34. It requires
states to provide legal protection for women’s rights on an equal basis with men and to
guarantee the effective protection of women against discrimination through competent
national courts (Art. 2(c))35. The Convention on the Elimination of All Forms of
Discrimination against Women requires States Parties to repeal all penal provisions that
discriminate against women (Art. 2(g)) and adopt legislative and other measures prohibiting
discrimination against women (Art. 2(b))36. (See also of the International Covenant on Civil
and Political Rights (Article 26))37.

The UN treaty-monitoring bodies have also more specifically dealt with the issue of honour
killings, mainly during the examination of reports by state parties. The Committee on the
Elimination of Discrimination against Women (CEDAW Committee) and the Committee on
the Rights of the Child (CRC) are the bodies where honour killings are most frequently
discussed, but also the other treaty bodies have taken up the issue of honour killings. Both the

31
Human Rights Committee, CCPR General Comment 6 (Right to Life), 30 Apr. 1989, para. 5
32
HRC Concluding observation on the United States of America (1995), UN doc. CCPR/C/79/Add.50, para. 17
33
Lantsova v. Russia (763/1997)
34
States Parties shall accord to women equality with men before the law
35
To establish legal protection of the rights of women on an equal basis with men and to ensure through
competent national tribunals and other public institutions the effective protection of women against any act of
discrimination;
36
o adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all
discrimination against women
37
All persons are equal before the law and are entitled without any discrimination to the equal protection of the
law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective
protection against discrimination on any ground such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.

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CEDAW Committee and CRC have expressed serious concern about the violation of the right
to life that occur in the form of honour killings.

 SOME OTHER INTERNATIONAL LAWS ON HONOUR CRIMES

n addition, the United Nations General Assembly A/RES/48/104, Declaration on the
Elimination of Violence against Women (hereinafter, DEVAW) calls on states to “condemn
violence against women” and notes that states “should not invoke any custom, tradition or
religious consideration to avoid their obligations with respect to [the elimination of violence
against women]” (Art. 4). DEVAW also exhorts states to “exercise due diligence to prevent,
investigate and, in accordance with national legislation, punish acts of violence against
women, whether those acts are perpetrated by the State or by private persons” (Art. 4(c)) 38.
Further, DEVAW urges states to “adopt all appropriate measures, especially in the field of
education, to modify the social and cultural patterns of conduct of men and women and to
eliminate prejudices, customary practices and all other practices based on the idea of the
inferiority or superiority of either of the sexes and on stereotyped roles for men and women”
(Art. 4(j))39.

The UNESCO Universal Declaration on Cultural Diversity, 2001, also cautions against the
invocation of culture or cultural diversity as a justification for human rights violations. 
Article 4 of the UNESCO Declaration states “[n]o one may invoke cultural diversity to
infringe upon human rights guaranteed by international law, nor to limit their scope.

Under Article 1240 of the International Convention on Economic, Social and Cultural Rights
(ICESCR 1976) State parties have to take all steps to ensure the “right of everyone to the
enjoyment of the highest attainable standard of physical and mental health”, is ensured.
Crimes of honour that involve sexual violence and mental violence or physical or mental
torture obstruct the right of women to enjoy the highest attainable standard of health. India, as
a State party, is therefore legally obligated to ensure that individuals and victims of crimes of
honour are able to avail this right

38
xercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of
violence against women, whether those acts are perpetrated by the State or by private persons;
39
Adopt all appropriate measures, especially in the field of education, to modify the social and cultural patterns
of conduct of men and women and to eliminate prejudices, customary practices and all other practices based on
the idea of the inferiority or superiority of either of the sexes and on stereotyped roles for men and women;
40
right of everyone to the enjoyment of the highest attainable standard of physical and mental health”

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  SOME INTERNATIONAL STEPS TAKEN TO COMBAT HONOUR
KILLING
Europe:

 The Council of Europe Parliamentary Assembly’s Resolution 1327 (2003), so called

"honour crimes"  on honour crimes sets out clear standards for its Member States. The
resolution calls for Member States to amend immigration laws to allow women at risk
of an “honour” crime to remain in the country; enforce the laws to punish all
“honour” crimes and treat complaints of violence as serious criminal matters; ensure
the effective and sensitive investigation and prosecution of “honour” crimes; exclude
“honour” as a mitigating factor or justifiable motive in criminal proceedings; take
steps toward implementation of honour crimes legislation and train policymakers, law
enforcement and the judiciary on the topic, and; strengthen female representation
within the legal sector.

 Council of Europe Parliamentary Assembly Recommendation 1881, Urgent need to

combat so-called “honour crimes,” 2009 calls for the Committee of Ministers to
devise a comprehensive strategy to put a stop to so-called “honour crimes.”

 Council of Europe Parliamentary Assembly Resolution 1681, Urgent need to combat

so-called “honour crimes,” 2009 called upon Member States to develop national plans
of action on violence against women, conduct education and training for all, engage in
dialogue with religious leaders to facilitate cooperation, conduct awareness-raising
campaigns across each sector and among the population, establish a helpline, establish
a database for statistics gathering, train police and judges on “honour”-based violence,
and support non-governmental organizations working on “honour” crimes and with
immigrant communities.

 The European Parliament’s resolution of 5 April 2011 on priorities and outline of a

new EU policy framework to fight violence against women (2010/2209(INI)) urges
European Union member states to “reject any reference to cultural, traditional or
religious practices as a mitigating factor in cases of violence against women,
including so-called ‘crimes of honour’”.

 Council of Europe Parliamentary Assembly Recommendation 1450, Violence against

Women in Europe, 2000 generally addresses violence against women and makes

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 recommendations to the Committee of Ministers and Member States to take certain
measures. 

 Council of Europe, Parliamentary Assembly Recommendation 1582, Domestic

Violence against Women, 2002 calls upon Member States to take certain measures to
combat domestic violence.

 The Stockholm Platform for Action to Combat Honour Related Violence in Europe,

7-8 October 2004, (pages 108-09) sets forth several recommendations for EU Member
States and the EU. Among them, it recommends the strengthening of victim support
and rehabilitation services, including social, health, legal, educational support,
adequate safe housing, shelters, support lines, counseling services and information
campaigns. It recommends coordination among the European Police and other
regional institutions, including legislation to protect European citizens at risk for
“honour” crimes or killings in third countries and for the prosecution of perpetrators
who flee to or commit these crimes in third countries. It also recommends gender
persecution as a basis for asylum.

 The Council of Europe Convention on preventing and combating violence against

women and domestic violence, which has a number of signatories but, as of early
2013, has not yet received enough ratifications to enter into force, requires parties to
“take all necessary legislative and other measures to exercise due diligence to prevent,
investigate, punish and provide reparation for acts of violence” against women (Art.
5(2). The Convention calls on parties to take a wide range of actions to combat
violence against women, including:

(1) promoting change in gender stereotypes,

(2) conducting awareness-raising campaigns and public education about violence

against women,

(3) ensuring adequate provision of services to female victims of violence, (4)

collecting relevant data,

(5) supporting research on violence against women,

(6) providing victims with civil remedies,

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 (7) ensuring compensation for victims,

(8) investigating and prosecuting violence against women, and

America

The Inter-American Convention on the Prevention, Punishment and Eradication of Violence

against Women (Belem do Para) affirms the right of women to be free from violence and
requires states to impose penalties and enact legal provisions to protect women from
harassment and other forms of violence. UDHR ICCPR and many other laws affirms that a
woman’s right to be free from violence includes her right “to be valued and educated free of
stereotyped patterns of behavior and social and cultural practices based on concepts of
inferiority or subordination.”

The  Beijing Platform for Action from the United Nations 1995 Fourth World Conference on
Women calls upon states to “take urgent action to combat and eliminate violence against
women, which is a human rights violation, resulting from harmful traditional or customary
practices, cultural prejudices and extremism”

The UNESCO Universal Declaration on Cultural Diversity, 2001, also cautions against the
invocation of culture or cultural diversity as a justification for human rights violations. 
Article 4 of the UNESCO Declaration states “no one may invoke cultural diversity to infringe
upon human rights guaranteed by international law, nor to limit their scope.”41

Chapter 4

Honour Killing And Legal Remedies In India

41
Article 4 - Human rights as guarantees of cultural diversity

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The Constitution of India has ample provisions allowing an individual to exercise his/her
choice independent of caste, religion or gender and protection from honour related crimes
including honour killings. Following are those Constitutional provisions that substantiate this:
Honour Killings are cases of homicide and murder which are grave crimes under the Indian
Penal Code (IPC). Section 29942 and 30143 of the IPC, deals with culpable homicide not
amounting to murder while Section 300, deals with murder. Honour killing amounts to
homicide and murder because the acts are done with the intention of murdering the victims as
they have purportedly brought dishonour upon the family. The perpetrators can be punished
as per Section 30244 of the IPC. The khap panchayats or family members can also be booked
under Section 302 of IPC for instigating suicide those who transgress the so called norms of
the community. Such killings also violates Articles 14, 15 (1) & (3), 17, 18, 19 and 21 of the
Constitution of India. Article 14 of the Indian Constitution guarantees to every person the
right to equality before the law or the equal protection of the laws. Every person, whatever be
his or her status or situation is subject to the jurisdiction of the ordinary courts. This right to
equality is thus documented as one of the fundamental features of the Indian Constitution.
Honour Killings are thus hideously against this very Constitutional Right provided for the
protection of Indian citizens. Honour killings are mainly directed towards women and thus
give rise to gender violence.

The Indian Majority Act, Section-3, 1857, states that every person domiciled in India shall
attain the age of majority on completion of 18 years and not before. Unless a particular
personal law specifies otherwise, every person domiciled in India is deemed to have attained
majority upon completion of 18 years of age. However, in the case of a minor for whose
person or property, or both, a guardian has been appointed or declared by any court of justice
before the age of 18years, and in case of every minor the superintendence of whose property
has been alleged by the Court of Wards, age of majority will be 21 years and not 18. The Act
is relevant in cases where Khap Panchayats have forcibly separated married couples who are
of eligible age to get married. It is a violation of the provisions under this Act.45

 Honour Killings in India and its Failure to Legally Recognise the Problem:

42
Section 299 in The Indian Penal Code Culpable homicid
43
Section 300 in The Indian Penal Code: murder
44
Section 302 in The Indian Penal Code:punishment for murder
45
Ghasi Ram Gathwal Khap Panchayat vs District Registrar on 28 January, 2009
CWP No.1743 of 2007

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Dr. B. R Ambedkar has said in the context of a discussion on inter-caste marriage: “political
tyranny is nothing compared to social tyranny and a reformer, who defies society, is a much
more courageous person than a politician who defies government.”

In spite of increase in the number of crime in the name of honour, in spite of Judgments and
expression of outrage in courts across India, successive governments have displayed criminal
negligence in their approach to these crimes. There is no definition of this crime, no legal
recognition of the various aspects of the crime, no legal protection has been afforded to the
couple in self-choice partnership, no measures to prevent this crime, no accountability,
no punishment. And additionally, since there is no legal recognition of the crime, there are
no statistics available. In the records of the National Crime Records Bureau , such crimes do
not exist.

In July, 2009 in a calling attention motion, members across party line, for the first time spoke
about honour crimes and supported the demand of a separate law. In response the then Home
Minister said: “I think the demand for a separate law is the one that has been made
most eloquently. But I am afraid that is a very simple demand…..the answer is not to
make a separate law. Whatever law we made, honour killing is murder…. I would look
into this whether we can define honour killing but prima facie I am sure whether that will
take us very

In August, 2010, the legal cell of All Indian Women’s Democratic Association
(AIDWA) headed by Kriti Singh, in consultation with many women organisations and
individuals, drafted a comprehensive law entitled “The Prevention of Crime in the name of
Honour and Tradition Bill” and gave it to the government. The Bill defines honour crimes in
relation to a violation of the rights of the couple. The Bill goes on to list various types of
crime, in addition to murder; it suggests preventive measures; it provides punishment for
varying degrees; it includes khap panchayats or other bodies acting in the name of caste or
community; it ensures accountability of the police and administration. The Bill was
supported by the National Commission of Women, then headed by Girija Viyas, who gave
a similar named Bill to the government but unfortunately the government didn’t cade to take
it forward. Two years later in August 2012, the Law Commission of India, to which a
reference had also been made by the government, brought out its own version of the Bill
in its 242nd report. Although it stated that its draft was closer to the one submitted by the
National Commission of Women, in fact it was extremely narrow and conservative in its

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approach. The Bill is named “Prohibition of Unlawful Assembly (Interference with the
Freedom of matrimonial Alliance)

Bill, 2011, the Bill primarily dealt with the “unlawful assemblies” called by caste panchayats

to prevent a self-choice marriage. This was a far cry from the actual realities which needed to

be addressed. In August 2015, the Central Ministry has sent a letter stating that they are still
awaiting the response of different state governments on the recommendations of the Law
Commission.

After that on 28th March 2018, passed a landmark judgment in Shakti Vahini v. Union of
India46 which treats honour based violence as not only a matter of criminal law, but also as
contrary to adults’ fundamental right to exercise choice as guaranteed under Article 21 and
Article 19(1)(a)  of the Constitution, which protect the right to a dignified life and freedom of
expression respe ctively.  

There are many other cases regarding this which we have discussed earlier as the constitution
of india provide each and person a right which is a supreme right that is right to life and no
other person can take the life of another one so taking lives in the name of honour is also not
justified as well as there is no honour lies in the marriages or in the thing which is of such a
big level that gives a right to take the life of others it is thus an offence khab panchats are
there to solve the petty disputs between the people of the village such and act was
unconstitutional .

SUGGESTIONS

We see honor killings turning into a social disease or social disaster. Because, a member of a
family or cast is killed by other member of family or cast. Almost all the countries of the
world are trying to stop this shame killing. The following recommendations can prove to be
crucial in tackling honor killing as a growing impediment on the growth of the society

At first people have to change their notion about honor. It is important first to consider the
concept honor itself.
46
Shakti Vahini v. Union of IndiaWRIT PETITION (CIVIL) NO. 231 OF 2010

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  To stop the honor killing people need the real religious knowledge. Because we know
there is no religion which support the killing to save honor.
 Social conscience is very necessary to stop the honor killing, because it becomes a
social disaster in society and conscious people don’t engage with such felony.
 Though honor killing occur most of the time on females, so female members of the
society can protect themselves if they are educated.
 In our patriarchal society women are dependent on their father, husband or other male
family members. So, if they have enough economic support by own they can protect
themselves from becoming honor killing. So women’s empowerment in this regard is
more than just important.
 In a society there are many community and religious leaders who can play important
role to stop the honor killing in society.To stop honor killing people can make
campaigns by media, newspaper or in school, college or any other way with the help
of the society, government, NGO or any other institutions
 .When girls and boys reach maturity they have the right to enjoy personal freedom.
Parents have to give them their freedom of choice to choose life partner or any other
life related demand.
 We know that in almost all the countries there are law for honor killing, so the
government have to ensure the enforcement of these laws in society so that no women
or men are killed in the name of saving honor.
 Police should be more honest and almost prejudice free to act fast to stop honor
killing in Society. Police should be aware that any religion, tradition or custom which
infringes the personal freedom of citizens has to be challenged.

Bibliography

Websites Referred:

 https://indiankanoon.org/doc/1610765/
 https://www.lawctopus.com
 https://www.advocatekhoj.com

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 http://www.shareyouressays.com
 http://www.legalservicesindia.com
 https://blog.ipleaders.in

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