This document discusses honour killings, their origins, and related laws. It provides background on honour killings, explaining they involve family members killing another for bringing dishonor on the family. Honour killings are most common in South Asia due to strong patriarchal structures. The document also discusses khap panchayats, customary courts that illegally order honour killings for crimes like inter-caste marriage. Indian laws aim to prevent honour killings but need strengthening, such as making it a separate offense and shifting the burden of proof. Several court cases that challenged khap panchayats are also summarized.

2.  Honour killing
 Origin
 Caste based Honour killing
 Khap panchayat
 Khap panchayat and Indian Judiciary
 Caste based Honour killing In India
 Honour killing in other countries
 Related Case Laws

3. 
“Purity is an illusion. The idea of purity has been used as an
excuse for calamities like honor killings, bride burnings,
child molestation, purification is genocide”
Alice Glass.
 The honor killing is largely for the thinking of loss of
honour or for securing the honour, but they have no honour
in honor killing. When the people realize that the honor
killing is not a solution for protecting their prestige then
only we can irradiate the honor killing in this world.

4.  Honor killing means the murder of a person by
family members, the reason is that the victim has
brought dishonor upon the family name or prestige.
 Such types of killing are also termed as “Customary
killing.”
 Most of the honor killings are based on the also
thought of loss of their societal image. The honour
killings are the major product of a particular social
interaction amongst the members of the society
because of a strong patriarchal structure.

5.  The word Honour is derived from the Latin word that is
“honos” which means that
 “Abstract concept of a perceived quality of worthiness,
respectability.”
 In a patriarchal society honor is not based on the
worthiness of a man, but rather the honour vested
within the women under the control of a man

6.  According to Human Rights Watch
“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. Women can be targeted by her family for a
variety of reasons including refusing to enter in an
arranged marriage, being the victim of a sexual assault,
seeking a divorce- even from an abusive husband or
committing adultery

7.  Originally they have no definitive explanation for the
Honor killing. Some south Asian scholars claim that the
practice of honor killing was originated in baloch tribes
of Baluchistan and afterwards it spread widely in other
countries. Colonial records clearly mentioned the above
stated and believed that later it is adopted these custom
by region of Pakistan and India

8.  Sharif kanaana, Professor of Anthropology states that
honour killing is “ a complicated issue that cuts deep
into the history of Arab society”.
 The term honour killing is also known in ancient
Roman times. Early Jewish law compel to death by
stoning for an adulterous wife and her partner.
Nowadays it is practiced in North Africa and Middle
East countries.

9.  In ancient laws of Manu the custom of sati was
encouraged. Widows were encouraged throw
themselves on the funeral pyre of their husbands
because of the honour and the further living of the
women is treated as a dis honour
 Hindu Aryan customs believed that, the husbands have
the right to cut the nose and ears of the wives if he
suspected or found any infidelity.

10.  Inter caste or inter religion marriage
 Engaging in Lesbian or Gay relationship
 Refusing arrange marriage.
 Rape
 Adultery
 For asserting Independence
 Disobeying dress code given by family or community

11.  Stoning & Beheading,
 Stabbing & Beating
 Burning & Acid attack
 Hanging & Throat slashing
 Shooting and strangulation

12.  There is no separate legislation or law relating to
Honour killing in India. No provision is mention about
such killings and major IPC provisions are given below
 Sections 299-304 of the IPC penalize the persons guilty
culpable homicide not amounting to murder.
 Section 307: Prescribe the attempt to murder
 Section 308: Prescribe the attempt to commit culpable
homicide by imprisonment for up to 3 years or with
fine or with both.

13.  Section 120A and B: deals with any person who is a
member of a criminal conspiracy.
 Sections 107-116: Deals with abetment of offences
including murder and culpable homicide.
 Section 34 and 35: Punishable offence based on
criminal acts done by several persons in furtherance of
common intention

14.  Our Indian constitution several articles deals with the
person’s right especially articles 14, 15 (1) ,19& (3) , and
21 of the Constitution of India. Honour killing violates a
person’s right to live, right to move freely, right to equality
and right to security. Therefore the ‘honour killings’ can
also be combat with the provisions of the constitution also.
Some changes in the sections of Indian Evidence Act, 1872,
based on the ‘burden of proof’ can be transferred over the
family members over whom the guilt of ‘Honour Killing’
had been bestowed on. By this change it will be become
quiet easier to punish those who commit crime in the name
of ‘honour’

15.  The Indian Majority Act, 1875
 Under section 3 of the Indian Majority Act, 1875, every
person residing in India shall, upon completion of 18 years,
attain the age of majority, unless otherwise stated in his or
her rule.
 In the case of a guardian assigned to such a minor, however,
the age of majority would be 21 and not 18.
 The Act becomes applicable in cases where the khap
panchayats have forcefully split married couples, otherwise
eligible for such marriage because of age, etc. This is an
apparent case of breach of the provisions of this Act.

16.  The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989
 To avoid cases of violence against Scheduled Castes and Scheduled
Tribes, this Act was passed by the Parliament of India.
 The goal was to promote Dalits social integration into Indian society’s
mainstream.
 Offences under this Act-
 Involve various actions such as forcing an SC / ST to eat or drink some
uneatable or undesirable material.
 Removing clothing, showoff naked or with a painted face or body.
 Attacking, dishonoring and offending an SC / ST woman’s modesty.
 Sexual harassment of an SC / ST woman.
 Forcing an SC / ST to leave his or her house or village as punishable.
 The Act is synonymous with honour killings because of multiple
honour killing cases.

17.  The Protection of Women from Domestic Violence Act,
2005
 The Protection of Women from Domestic Violence Act,
2005 provides for more comprehensive enforcement of
the rights of women guaranteed under the Constitution
who are victims of abuse of any kind that exists within
the family, and of matters connected with it or
incidental to it.

18.  Indian Evidence Act, 1872
 The Indian Evidence Act, 1872, also provides penalties for those
involved in the concealment of evidence, either before or at the
time of the suspected crime, or after it.
 Article 13 of the Act described the facts relevant where right or
custom is at issue.
 Where the question relates to the nature of any right or custom,
the following facts are important:
 Any transaction by which the right or custom in question was
created, changed, accepted, asserted or rejected, or which was
inconsistent with its nature; Particular instances in which the
right or custom in question was established; The Act is important
for getting those who are victims to justice because of the
verdicts given by the khap panchayats.

19.  The Special Marriage Act of 1954
 The key reason for the enactment of the Special
Marriage Act, 1954, was to provide a special form of
marriage for the Indian people and all Indians residing
in foreign countries, irrespective of the religion or faith
practised by either group, to carry out the marriage
intended.

20.  The Center, which had established a coalition of Honour
Killing, ministers had previously suggested making honour
killings a separate offence under the IPC to make law
enforcement agencies aware. Another idea was to amend
the Indian Evidence Act to put the burden of proof on the
accused, ensuring that khap panchayats and members of the
family who committed killings would have to prove
innocence. A provision was also devised for the murderer
and perpetrator’s shared responsibility. Another amendment
to the Special Marriages Act was introduced to shorten the
time of cooling off before marriage is licensed. The current
period is one month.

21.  The caste based honour killing is one of the major
reasons for the honour killing. Such kind of killing
activity is raised in the current scenario and the major
reasons for such crimes are the thinking of the caste,
religion is the highest honour and that brings them
honour in the society. Especially the caste based honor
killing is based on the inter caste marriage

22.  The existence of the caste system in our Indian society
is a curse to the whole nation. The inter caste marriage
is denied by certain cultural groups, by individuals, or
by some gotra of that individual or parents of gotra.
Not only the inter caste marriage leads the honour
killing but also leads the inter religious marriage also

23.  The Khap panchayats also named as customary
panchayats and it is functioned as a kangaroo courts.
The khap constitute the same caste group and five to
fifteen members were hold the khap they themselves
termed as “King of the Caste.”The word khap is
derived from Latin word “Corpus” which means an
organization of individual. Simply khap means the
organization of social political grouping and used in
geographical sense and caste based

24.  The Khap panchayats is not officially recognized by
any law but it is still exist and many people depended
for the khap verdict because it is time saving and they
believe the instant verdict is provided. The khap
panchayats is differently used in many other places
especially in Tamil Nadu it is popularly known as Katta
Panchayats that is similar as the Khap panchayats.
Other popular names used in other caste system are Pal,
Janapada, and Ganasangha

25.  The concept of khap origin in Rig Vedic times
Commonly, it exists in the form of union of villages,
their pre-dominance could be largely traced from North
India, there is no exact period of origin of khap
panchayats could be traced back from the 14th Century
when small villages used to make unions for the
security of the villages. There is a common notion
among the historians that the concept of khap
panchayats evolved only after settled village life
became possible

26.  Khap panchayats- organization unit of eighty four
villages
 Sarva khap panchayats – Assembly of many khap
 Tappa khap panchayats- villages can organize a
panchayat is called Tappa panchayat also called Kanni
panchayat

27.  Currently khap panchayats is identified as a body, which
workout extra constitutional powers. Mainly the matters
relating to inter caste marriages they execute the
punishment of death penalty
 Mainly the system exists in Haryana, Uttar Pradesh and
Rajasthan. The main rule existed in such society is that all
boys and girls within a khap are considered siblings. The
persons belonging to the same gotra or the natives
belonging to a different gotra but comes under the
jurisdiction of the same Khap panchayats cannot get
married and such a marriage is considered incestuous. This
is for the reason that members of the clan share the same
patrilineal descent. Supra

28.  The Khap involves a unit of eighty four villages. Each
panchayats filled by the elected councils, a unit of
seven panchayats constitutes a Thamba and the twelve
Thamba constitute the Khap Unit. Simply eighty four
villages constitute a Khap.in each khap elected leades
represent the khap at the sarv khap.In all the khap the
representing members and leaders all are male
members no space for the female and if any decision
affecting for women or any women engaged problems
arisen they have no choice or an women and they are
not allowed to be represent at a panchayats

29.  The khap panchayats is declared illegal and
unconstitutional by the Supreme Court for their alleged
encouragement of honour killings, the major demerit is
still existing is that they have no a definite law or such
types of crime especially for the honour killing. One of
the thing is notable is they have several judicial
decisions that criticize the Khap panchayats but they
continue to hold sway in parallel with the state
machinery and possibly more powerful than the elected
panchayats

30.  In India some localities follows the Khap system as early mentioned
above. The Khap panchayat prohibit the Sagotra marriage and inter
caste marriage. The khap follow three important principles
 Marriage within the same Gotra
 Marriage between different gotra belonging to same village or nearby
villages
 Inter caste marriages are strictly barred
 The ultimate believe is, the people within same gotra is considered as
brothers and sisters
 So if any person violates the above principle and marriage between
above mentioned are touch their honor and it questioning their
community so the Khap panchayat put forward the decision like
murder. According to their caste centric view it is the only right but a
common man in the state cannot digest such barbarous effects supra

31.  Khap Panchayat maintains the khap formed under the
same gotra clans or sub-caste families in the villages it
covers. It basically asks for the change in the Hindu
Marriage Act, 1955 banning marriages within the same
gotra or even gotra from the same village. Because they
believe, a boy and a girl belonging to the same gotra
are brothers and sisters.
 Love marriages are considered as taboo in the villages
where the khap panchayat operates.Indian National
Lokdal does not support the Kap panchayat.

32.  Justice Katju said. The "Atrocities in respect of
personal lives of people committed by brutal, feudal-
minded persons deserve harsh punishment," The
Supreme Court orders in several judgments and lay
down criminal action against khap members who raise
for the deaths of couples who are married out of caste.

33.  The case is famously known as Manoj-Babli murder this is
a significant case in the historical backdrop of khap
panchayats. For this situation, the honor murdering of a
recently hitched couple Manoj-Babli was taken in
perception by progressive courts. The legal executive
indicted the blamed for the situation for honor murdering.
Like consistently, the executing was requested by the khap
panchayat of the Karoara town in Haryana. Despite the fact
that the couple were of ability to be hitched and the
marriage was not invalid according to any current laws
however the khap trusted them to be kin as the two of them
had a place with the Banwala gotra. –Capital punishment
commutted to life imprisonment.

34.  Famously known as chhotan shukla murder
case, chhothan shukla is a lower caste person
who was killed by upper caste persons.

35.  Smt. Laxmi Kahhwaha v. The State of Rajasthan SCC 578 2013 Cr.
L.J. 1757
 A Public Interest Litigation is filed in the Rajasthan High court; it
brings attention for Khap panchayat and its working. The court held
that the Khap panchayat had not right to boycott or imposes any fines
to any one that is considered as the violation of human rights.
 State of UP vs. Krishna Master CRIMINAL APPEAL NO. 1180 OF
2004
 In this case three persons liable for committing murder on the basis of
honor. Court held that this is a rarest of rare case in the murder of
flimsy ground of honour saving sentence of rigorous imprisonment for
life.

36.  People have the right to marry according to their choice. The court strongly
depreciated the Khap/ Katta panchayat taking law into their own hands
 Held Government Officials responsible for Honour Killings that if any
incidents of honour killings 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 officials
concerned and charge sheet them and proceed against them departmentally
if they do not prevent the incident if it has not already occurred but they
have knowledge of it in advance, or if it has occurred, they do not promptly
apprehend the culprits and others involved and institute criminal
proceedings against them, as in our opinion they will be deemed to be
directly or indirectly accountable in this connection

37.  The court held that that is nothing honour in killing of the
Inter caste marriage people
 two-Judge Bench directed the administration/police
authorities throughout the country to ensure that if any boy
or girl who is a major undergoes inter-caste or inter-
religious marriage with a woman or man who is a major, the
couple is neither harassed by anyone nor subjected to
threats or acts of violence, and that anyone who gives such
threats or harasses or commits acts of violence either
himself or at his instigation is taken to task by instituting
criminal proceedings by the police against such persons and
further stern action is taken against such persons as
provided by law.

38.  involved the killing of two people from different caste and
religion who eloped and got married. The relatives of the newly-
weds, on knowing about the incident approached the khap
Panchayat to take a suitable decision. However, the decision of
the Panchayat was delivered in the favor of the family members
and was sided on the aspects of caste differences.
The two of them were ultimately kidnapped and killed. When the
case was bought before the Court, the Court awarded life
sentence to the accused and imprisonment of seven years to those
involved in the abduction. This case is hence known to be a
landmark ruling in the history of honour killings in India.

39.  In India most of the Honour killing is based on the
caste. The inter caste marriage is considered as the one
of the most cause for the honour killing. The caste
based honor killing is not only n Haryana, Uttar
Pradesh but also all the part of our country it exist but
some of them bring attention to caste based honour
killing only.
 Caste as alienated into a pyramid of birth-assigned
position and sub-ranks imposes a connection of chain
of command not just of the ‘highest’ with the ‘lowest’
but of the immediate higher up with its ‘inferiors’.

40.  The majority 'honour killings' reported in our daily
newspapers are caste based killings, or killings in the name
of caste. The problem of 'honour' involves not just dominant
caste families but also others. The construct of 'honour' is
meant to control women and cut back their liberty,
especially with respect to the right of choosing their life
partners.
 The marriage is an institution is not only bonded with love
and affection but it is highly strengthened the caste system.
However our constitution grants a secular state a caste
based violence, torture, killings are higher in nowadays.

41.  As John Lawler points out, Honor-killing often takes
the form of a parent killing a child for disobeying them,
and not even in a life threatening or even dangerous
way. If the child is underage then this is a failing of the
parent to protect and care for their child. The stated
goal of such killings is not to restore the honor of the
society, but to remove an ongoing danger to society.

42.  Patriarchal Mindset
 Caste System
 Khap Panchayat
 Lack of Education
 No Separate and Strict Laws

43.  The Prohibition of Unlawful Assembly (Interference with the Freedom of
Matrimonial Alliance) Bill, 2011
 The Endangerment of life and Liberty (Protection, Prosecution and other
measures) Act, 2011
 THE PROHIBITION OF INTERFERENCE WITH THE FREEDOM OF
MATRIMONIALALLIANCES IN THE NAME OF HONOUR AND
TRADITION BILL, 2015

44.  The Prohibition of Unlawful Assembly (Interference
with the Freedom of Matrimonial Alliance) Bill, 2011
 The draft Prohibition of Unlawful Assembly
(Interference with the Freedom of Matrimonial
Alliances) Bill, 2011 was proposed by the Law
Commission.
 It has long been pending, and the Supreme Court is
now expected to frame guidelines on this.

45.  What are the objectives?
 Community opposition to inter-caste, inter-community and
inter-religious marriages have long been a social concern.
 The current penal law lacks direct application to the illegal
acts of such caste assemblies.
 The Bill is thus meant to penalise honour killings in the
name of upholding community honour or family honour.
 The legislation primarily aims at preventing the unlawful
interference from caste panchayats.
 It is intended to uphold the right of consenting adults to
marry persons of their own choice.

46.  How has the bill progressed?
 So far, 23 States have responded to the Bill with
suggestions.
 The other six states have not responded yet.
 The Supreme Court has now stepped in to fill this
legislative vacuum.
 The SC is expected to frame guidelines on this, in a
judgment to protect adult couples from the fury of the
mob.


47.  The act aims for prosecute persons or a group involved in
such endangering conduct and activities. According to this
law, the act of creating dangerous to life and liberty and
include "any manner of acts of threat, encouragement,
commending, exhorting and creating an environment
whereby loss of life and liberty is imminent or threatened
and shall include:
 (a) enforcement of trial such as social boycott, deprivation
of the means of livelihood, denial of facilities and services
which are otherwise generally available to the people the
locality concerned and,
 (b) Directly or indirectly forceful the persons concerned to
leave or abandon their homestead in the locality

48.  CEDAW(1979) consideration of dis honour of family
treated as a discrimination against individual
 UDHR (1948) All person has the right to born and right
to chose and choose their life partner
 ICESCR(1976) all person has the right to free from all
forms of violence
 Beijing Platform for Action (BPFA 1995)

49.  Convention on the Elimination of All Forms of
Discrimination against Women
 Total 30 A rticles
 Eleanor Roosevelt, first chairperson of the Commission
on Human Rights (CHR), which drafted the
Declaration, said, "It is not a treaty, it may well become
the international Magna Carta.

50.  Working towards the elimination of crimes against women committed
in the name of honour (2003)
 Working towards the elimination of crimes against women committed
in the name of honour (2005)
 both call upon Member States to take similar actions to eliminate
“honour”-based violence. They also call upon states to investigate
promptly and thoroughly, prosecute effectively and document “honour”
crimes and punish the perpetrators; increase awareness-raising about
the responsibility of men to promote gender equality and facilitate
change to eliminate gender stereotypes; support the work of civil
society working on this issue and strengthen cooperation with
intergovernmental and non-governmental organizations, and;
encourage the media to raise awareness on the issue.

51.  Article 1 of the CEDAW convention attacks the latter
by defining discrimination against women.
 Article 2 States Parties condemn discrimination against
women in all its forms, agree to pursue by all
appropriate means and without delay a policy of
eliminating discrimination against women and, to this
end, undertake:

52.  Article 7 States Parties shall take all appropriate
measures to eliminate discrimination against women in
the political and public life of the country.
 Article 10 States Parties shall take all appropriate
measures to eliminate discrimination against women in
order to ensure to them equal rights with men in the
field of education and in particular to ensure, on a basis
of equality of men and women:

53.  Article 16 States Parties shall take all appropriate
measures to eliminate discrimination against women
in all matters relating to marriage and family relations
and in particular shall ensure, on a basis of equality
of men and women:
 (a) The same right to enter into marriage;
 (b) The same right freely to choose a spouse and to
enter into marriage only with their free and full
consent;

54. 30 Article
 Whereas recognition of the inherent dignity and of the
equal and inalienable rights of all members of the
human family is the foundation of freedom, justice and
peace in the world.
 Article I All human beings are born free and equal in
dignity and rights. They are endowed with reason and
conscience and should act towards one another in a
spirit of brotherhood

55.  Article 2 Everyone is entitled to all the rights and freedoms
set forth in this Declaration, 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. Furthermore, no distinction shall be made on
the basis of the political, jurisdictional or international
status of the country or territory to which a person belongs,
whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.
 Article 3 Everyone has the right to life, liberty and the
security of person.

56.  Article 5 No one shall be subjected to torture
or to cruel, inhuman or degrading treatment
or punishment.

57.  ICESCR(1976) International Covenant on Economic,
Social and Cultural Rights Ensured
 International Convention of Civil and Political Rights
(1966)
 Article 2(1) 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.

58.  Beijing Platform for Action (BPFA 1995), Declaration
on the Elimination of Violence against Women‟ (1993)
and Elimination of Crimes against Women Committed
in the Name of Honour‟ (2003). All are combine
worked for the elimination of all forms of violence and
for protection of people who are need safety.

59. 
Various NGOs are making efforts to curb the menace of
honour killings through protests and writ petitions. A
PIL filed by NGO Shakti Vahini pointed out that
honour killings are extra-judicial and khaps should be
accountable for ordering such deaths not just in
Haryana but in UP and Rajasthan as well

60.  Supreme Court opined that honour killings, for
whatever reason, come within the category of 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 behaviour. All persons
who are planning to perpetrate ‘honour’ killings should
know that the gallows await them.

61.  “We don’t live in a world in which there exists a single definition
of honour anymore, and it’s a fool that hangs on to the traditional
standards and hopes that the world will come around him.”
 State Governments and the Central Government to take
preventive steps to combat honour crimes, to submit a National
Plan of Action and State Plan of Action to curb crimes of the said
nature and further to direct the State Governments to constitute
special cells in each district which can be approached by the
couples for their safety and well being. That apart, prayers have
been made to issue a writ of mandamus to the State Governments
to launch prosecutions in each case of honour killing and take
appropriate measures so that such honour crimes and embedded
evil in the mindset of certain members of the society are dealt
with iron hands.

62.  honour based crimes are-
 (i) loss of virginity outside marriage;
 (ii) pre-marital pregnancy;
 (iii) infidelity;
 (iv) having unapproved relationships;
 (v) refusing an arranged marriage;
 (vi) asking for divorce;
 (vii) demanding custody of children after divorce;
 (viii) leaving the family or marital home without
permission;
 (ix) causing scandal or gossip in the community, and
 (x) falling victim to rape

63.  The Prohibition of Interference with the Freedom of
Matrimonial Alliances Bill’
 The petitioner has filed a rejoinder affidavit wherein it has
been highlighted that this Court has taken cognizance of the
brutal killings that take place in the name of honour and it is
urged that although some States have formed an Action
Plan in pursuance of the directions issued by this Court, yet
they have failed to effectively implement the same in letter
and spirit. In view of this fact, effective guidelines to the
police and law enforcement agencies to curb the menace of
honour killing need to be formulated and implemented.

64.  The NGO Shakti Vahini filed a Public Interest
Litigation(PIL) highlighting the reign of terror of khap panchayats
administering draconian punishments to couples fallen in love or
breached the traditional Sagotra marital relationship rule.
 Intention for honour killing
 The apex court noticed out here that gotra was linked to 3% of honour
killings.
 For faith and other motives is the cause behind the remaining 97%.
 Continued harshness of the caste system encourages them to commit
this heinous crime.
 Under fear of losing the caste privilege, out of which they enjoy several
benefits.
 Perception of people towards marriage in similar gotra and outside the
community are not acceptable.

65.  Society removes the right to freedom of choice from
marriages.
 The absence of structured legislation the underlying cause
of its increase is that structured governance did not reach
the rural areas.
 In the Khap Panchayat, the absence of the formal bodies as
a panchayat Smiti or a legitimate assembly leads to the
ruthless administration of the unlawful and extra-
constitutional panchayat.
 Honour killing happened in the area where the sex ratio is
lower and girls are bought for marriages because of a large
disparity in the sex ratio, causing the difference in sex ratio
to increase.

66.  Illiteracy and lack of awareness of rights to freedom and
constitutional rights to safeguard their protection from
exploitation are the primary reason for the rising of crimes.
 The honour killing violates Article 14, 15(1) & (3) 19, 21,
and 39(f) of the Indian Constitution.
 The risk of losing reputation and respect in society is
another reason for a member to involve in honour killing
than the rank earned by the position.
 The characteristic of honour killings is that criminals do not
face adverse stigma in their communities because their
action is considered justified.

67.  Criminal cases related to honour Killing with murder or abuse shall be tried
before the Court / fast track court-appointed for that reason.
 The court will continue on a day-to-day basis to be preferably completed
within six months of the date on which the crime is cognized.
 Same to the pending cases.
 The District Judge concerned shall delegate these cases to one jurisdictional
court as far as possible to ensure that they are disposed of speedily.
 Another case where the action was taken against the Khap Panchayat by Court
and the death penalty to the person involved in an honour killing.
 For the first time, a recent judgment by a Karnal sessions court granted the
death penalty to five people for murdering a young couple who had married a
khap panchayat’s dictates. This sentenced a khap panchayat member to life,
who ruled the marriage invalid and was present when the killing took place.
 The Supreme Court released a notice on June 22 to the centre and eight states
outlining the measures taken to avoid the honour killing.

68.  Prevention of Crimes in the Name of ‘Honour’ and Tradition Bill,
2010– In a recent judgment, Supreme Court ruled that interference in
an adult couple’s marriage decision is unconstitutional for parents or
Khap Panchayats. The latest judgment resounds the Supreme Court’s
2010 order to take action against honour killing by the central
government. Crime reduction in the name of the ‘Honour’ and
Tradition Act, 2010 was the Government’s response.
 Enactment of a comprehensive, standalone law– Equal punishments to
criminals, plotters, and instigators. The existing provisions in the IPC
are insufficient in dealing with honour killing stated by the planning
commission of women and child’s rights in the 12th five-year plan. The
committee has recommended any public praise or idolizes any
harassment and killing in the name of honour will be punished.
Demand for standalone law to act against such atrocity of crime.

69.  Proposal to amend the Indian Penal Code and rein in the
khap panchayats (caste-based extra-constitutional bodies).
 The Rajasthan Prohibition of Interference with the Freedom
of Matrimonial Alliances in the Name of Honour and
Tradition Bill, 2019
 It has been implemented so that people overcome the
narrow mindset.”He said that 71 cases of illegal diktat
granted by ‘Khap Panchayats’ (caste councils acting as
kangaroo courts) have been registered in the state over the
last five years and 10 cases of honour killing have taken
place in which four men and eight women have been killed.

70.  Penalty and punishment
 Death Sentenced or imprisonment of life to accused
convicted of honour killing and penalty extend to Rs 5
lakh. In case of grievous hurt punishment will be from
10 years imprisonment for life with a fine of Rs 3lakh
and in some cases 3-5 years jailed with fine up to 2
lakhs in hurt or injuries.

71.  Trimukh Maroti Kirkan v. Stateof Maharashtra(2006)1
SCC 681

 The court held that the main reason for inter caste
marriage couple seeks police protection for avoid the
wrath of the kangaroo courts. That there is nothing
`honorable' in `honour' killings, and they are nothing
but barbaric and brutal murders by bigoted, persons
with feudal minds.

72.  The Supreme Court has deprecated caste system
prevailing in the country. Insofar as the case of
Bhagwan Dass's case is concerned, a reading of the
judgment would show that the Court was dealing with a
situation of "honour killing" that is prevailing in some
of the north Indian States in the country. The court
strongly depreciate the caste based such violence.

73.  The honour killings treated as barbaric, feudal practices
which are a slur on our nation. This is necessary as a
deterrent for such outrageous, uncivilized behaviour.
All persons who are planning to perpetrate
`honour' killings should know that the gallows await
them."

74.  Sathish kumar V. State Appeal (Crl.) 256-257 of 2005
 The case witnessed for one of another murder on the basis
of honour, because of the died persons put take their
marriage decisions not considering the community.
 Divya V. State of Punjab and others
 Civil Writ Petition No. 9656 of 2015 | 28-05-2015
 Honour killing in the name of protecting the family pride,
not giving two hoots to the rights of the runaway couples.
Court give decisions like honour killing not amount murder
but no adequate law for such crimes.

75.  M. Gopalan V. State of Kerala WP(C).No. 24015 of
2011
 The honour killing on the basis of inter caste marriage
does not bring any honour to the family. The person
who committed murder by brutal, feudal minded
persons who deserve harsh punishment. Only in this
way can we stamp out such acts of barbarism".

76.  Pointing out the utter failure on the part of the State to
provide adequate security and protection and also the
failure to properly investigate the case compelling the
petitioners to approach this court on several occasions,
the petitioners say that the State is liable to pay
compensation under the public law doctrine for
violation of the fundamental rights guaranteed
under Article 21 of the Constitution of India.

77.  From the above contentions, the questions that arise for
consideration are
 (i) Has the State any obligation to provide protection to the
life and security of a person from the criminal act of a third
person?
 (ii) If the answer is in the affirmative, what are the
conditions under which the duty arises?
 (iii) If there is violation of the right to protection of life or
failure of duty on the part of the State, what is the remedy?
 person concerned?
 (iv) What is the nature of relief that can be granted in such
situation?

78.  First of all, one has to note whether there exists any
right as claimed by the petitioners and a corresponding
duty on the State to provide security to the life of a
person from the criminal activity of a third person. If
one is to locate such a right and corresponding duty,
then what are their limitations The next aspect that
needs to be considered is, if there is such a duty or
right, on the breach of the right or failure to perform the
duty, what are the consequences and what are the
remedies available to the aggrieved person?

79.  security of its citizen and it is one of the prime duties of
the State and its officers and if due to the laches or
default on the part of the authorities, citizen suffers loss
or damage, the State is bound to compensate.
 Govt failure to ensure the FR of the Citizen
 R1 pay-2,50,000

80.  2018- Athira murder Case
 The police officers confirmed Thursday’s murder of a girl at
Pathanapuram, near Areekode, as honour killing and
arrested Rajan, 42, father of the victim, in connection with
the incident. Father held liable in this case.
 2018-Kevin murder case
 The Kevin muder case treated as a first caste killing
conviction in Kerala. Principal session court held that
double imprisonment for the persons for killing a Dalit
Christian man relatives of neenu Chaco are convicted for
the honour killing.

81.  2020- Aneesh murder case
 26-12-2020 Aneesh murdered by his wife relatives, this
is a leading case suspected as a honour killing. Aneesh
belongs to lower community and his wife is a higher
community.

82.  ENGLAND
 reports shows that the most victim of the honour crimes
are women’s and at least a dozen of women’s are the
victims of the honour crimes.
 England does not have a bill which is designed with the
intention of dealing with Honour based violence

83. 
Several honour killings reported in US but they have no
central agency for collect the data’s of honour killing.

84.  Article 98 of the Penal Code is most often used on
behalf of criminals in honor killings.
 The Jordanian Penal Code accepts that the “purifying”
of a wrong done to a tribe is necessary. In Syria, the
penal code grants immunity or a greatly reduced
sentence to a man who kills a female relative, which he
witnessed committing adultery or in an suspicious
situation with a male who is not a relative. Honour
killings rarely reach the courts and if they do, sentences
average six months

85.  In Pakistan honour killings are known locally as karo-
kari. In 2008 three teenage girls were buried
alive after refusing arranged marriages.Statistically,
honour killings have a high level of support in
Pakistan's rural society, despite widespread
condemnation from human rights groups
 In Pakistan the courts have ruled that Islam does not
permit the killing of one who is masoom ud dam (one
whose life is sacred or whose blood is protected.

86.  Qisas and Diyat Ordinance,1997 is a codification of
Islamic law into national law. The Ordinance places the
choice of prosecution in the hands of the victims or
their heirs and not in the hands of the government
 Pakistan the punishment for adultery is
death, therefore the perpetrator will be
exempted from death under Qisas

87.  In some cases honour crimes are considered personal
family matters, that is the reason why most family
members are either forced to silence or are themselves
involved to the crime.
 Pakistan had made several amendments to the Penal
Code, to introduce legislative reforms in order to end
honour killings. As among those reforms are the
Criminal Law Amendment Act of 2004 and The
Women’s Protection Bill of 2006-Failure

88.  2006 The Women’s Protection Bill was
adopted-Failed
 Qisas and Diyat Ordinance continue to be in
force and used by offenders to escape
punishment.

89. In France a lenient rate of crimes related to honour
killing were registered. In France major honour crimes
reported on the basis of adultery.

90.  The official records of the Germany shows the
12 honour crimes reported in the very year.
 Egypt:
 Article 17 of the Penal Code of Egypt allows judicial
discretion to reduce punishment in certain
circumstance, often used in honour killings case.

91.  Having honour killing a distinct offence will help make
law enforcement authorities more transparent.
 One proposal is to amend the Indian Evidence Act to
place the burden of proof on the accused. Thus it will
be the duty of the khap panchayat or the family
members to prove their innocence.
 Under the current laws, there will be mutual
responsibility. It would be jointly liable for retribution
for the khap panchayat (or any party ordering honour
killings) and the individual carrying out the killing.

92.  The statutory punishment for murder offence is
appropriate if it is strictly and efficiently enforced.
 A new set of laws will not prevent killings of honour
because the fundamental problem is social legitimacy
for actions committed to curtailing the same gotra
marriage, inter-caste marriage, inter-religious marriage.
 We need to build knowledge through education among
the traditional communities. The collective keeping of
khap panchayats may be harmful to members who do
not accept these killings. This may even be used
abusively for malicious agendas.

93.  Bhagwan Das vs. State (Delhi NCT)
 M. Gopalan V. State of Kerala WP(C).No. 24015 of
2011
 Shakti Vahini v. Union of India, 2018
 Smt. Chandrapati v. State Of Haryana And Others 27
May, 2011
 Lata Singh v. State of U.P. (2006, 5 SCC 475)
 Manoj Babli Murder case

94.  Public should be educated that there is no honour in
killings.

Our parliamentarians must adopt a comprehensive law
against honour killings
 Special directions to police to effectively deal with the
cases of honour crimes.
 NGOs should be encouraged to deal with issues related
to honour killings.

95.  “Honour killing is a sign of weakness of those who follow it
and kill the humanity which is nothing but a God creation
they have no rights to do so.” This words are quoted by
Parikshit kaushal.
 National crime records 2018 288 cases registered between
2014 and 2016.
 The Honour killing is a barbarous act and in my view point
that is a shameful act to kill their own relatives and nothing
a honour render it. India, our country gives several
protective laws with a well defined judiciary, so there is no
need for the Khap panchayats. The irrational attitude o
some people based on custom makes acts against the
society and laws.

96. THANK YOU
PRINCY A. F
Mail: princyaf555@gmail.com