Lost In Honor: Addressing Honor Killings and Caste Inequality Through Legislative Reforms in India
Background
On 22nd November 2022, India witnessed yet another gruesome murder of a young girl in the name of honor. The notorious “suitcase murder case,” where the victim’s father brutally murdered her for choosing to marry someone outside of her caste, sparked nationwide outrage and debates about the prevalence of honor killings in India. While this discourse around honor killings is the need of the hour, it draws an important connection between the rigid caste system followed in the Indian society and a legal system that is failing to protect its citizens. The Human Rights Watch describes honor killing as “acts of violence, usually murder committed by male family members against female members who are perceived to have brought dishonor upon the family.” In India under Article 21 of the Constitution (Right to Life and Liberty), an individual is free to marry a person of their choice but because of the presence of caste-based discrimination, crimes like honor killings are frequently committed by family members legitimizing their actions as an act of ‘protecting the purity of their caste’.
Current Legal framework
In India, presently there is no legislative framework that specifically addresses honor crimes, and these killings are penalized through the Indian Penal Code (IPC), 1860 under Sections 299-304 which deals with culpable homicide and murder. Other provisions may include Sections 107–111(Abetment of murder), Section 120A and 120B (Criminal conspiracy). Further, in cases that are motivated by caste-based violence, perpetrators can be held liable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 which addresses atrocities such as assaulting, dishonoring, and outraging the modesty of a lower caste woman, sexually exploiting them, compelling them to leave their family or community etc. Unfortunately, while these legal remedies provide a degree of criminal liability, they fail to directly address the issue and the urgency of its prevention.
Another aspect influencing the current legal framework is the presence of Khap Panchayats in the rural parts of the country. These Khaps are synonymous with caste councils, and frequently enforce oppressive and discriminatory practices like honor killings in the name of tradition and social control. In the case of Arumugam Servai vs. State of Tamil Nadu, the Supreme Court of the country refused to acknowledge them as legitimate judicial bodies and even compared them to “Kangaroo courts,”(Para 16), yet these Khap Panchayats continue to hold immense power because of their political patronage and the poor enforcement of the law. Further, in the recent case of Shakti Vahini vs. Union of India and others (2018), the apex court noted that while judicial pronouncements play a significant role in guarding individual autonomy, there is a need for the legislature to introduce a law specifically aimed at honor killings to effectively tackle this problem using the rule of law (Para 51).
Need for a Law
In the landmark case of Lata Singh v. State of UP, the Supreme Court bench condemned the acts of honor killings committed against the couples who marry outside their caste despite their free will and referred to them as heinous murders carried out by “brutal, feudal-minded individuals” which should be subject to severe punishment. While this decision was a positive step forward, because of the absence of a clear legal framework in place, such verdicts are not truly enforced in letter and spirit. Another consequence of the lack of legislation is visible on the fudged data recorded officially. In 2017, the National Crime Records Bureau(NCRB) recorded only 14 cases of honor killing in the state of Uttar Pradesh, but over 50 such cases were reported in the media during the same year. Such an underreporting of data limits the understanding of the extent of honor killings in the country. It highlights the need for a comprehensive law that clearly defines honor killings and provides punishment for perpetrators of such crimes.
Previously, crimes that had a disproportionate effect on society have been addressed through legislation and policy making. For example, in 2013, India added Sections 326A and 326B to the Indian Penal Code, 1860, which criminalized acid attacks and established punishment for those who commit such crimes. This proactive step was taken in recognition of the fact that such attacks were a significant problem in the country and that legislation was needed to deter potential offenders and provide justice for victims. Similarly, honor killings can be addressed by taking decisive action to reduce the frequency of these vicious crimes.
Conclusion
Lastly, honor killings in India are a serious and critical issue that requires both legal and societal intervention. While it is necessary to enact and enforce strict laws that specifically define and punish these killings, it is also critical to address the underlying causes of such crimes, which is the prevalence of caste-based discrimination in Indian society. Inter- caste marriages and relationships are seen as a violation of social norms and codes that have been in place for centuries. Further victims of such crimes become the scapegoats of societal injustice, and unfortunately, with limited legal protection, the real perpetrators evade all consequences. Therefore, concerted, and sustained efforts are needed to effectively tackle the problem of honor killings in India and promote an inclusive society that values diversity and equality.
Shivalika Singh and Nalin Arora are both undergraduate law students at Jindal Global Law School, India.