Honor Killing

Honor Killing is also known by different names as “customary killing” or “shame killing”. Honor killing is the act of violence, mainly murder of the female member of the family by a male family member due to perpetrator’s (Potentially wide community) believe that the victim has brought shame and dishonour upon the family. Honor killing happens when the female member violates the principles of religion like divorcing an abusive husband,( being in relationship with the person of another caste (which is not approved by the orthodox family), having premarital sex or extramarital sex (Adultery), refusing for arrange marriage, being victim of rape or sexual assault, engaging in heterosexual relation. This situation results in an attack on the female member which can end with extreme death.

CAUSES OF HONOR KILLING

Honor Killing is a vicious crime which should not be tolerated at any cost. It can occur under the following circumstances.

1. Dressing style: If a girl does not dress in an acceptable, and appropriate way as set by society. This can result in several other petty crimes like eve-teasing, body shaming or even major crimes like rape and molestation. Consequently, it can even lead to suicidal attempts by the girl herself. In the worst case, these activities can lead to her death.
2. Rape victim: When a girl becomes a subject to rape, she is not to be considered as a rape victim rather a rape survivor. However, she becomes an object of hostility and scorn. Many a time, a rape victim is not accepted by society or her own family. Instead of supporting her, in her most horrid situation, she is treated with disrespect, an outcast and disgrace to the entire society. On the other hand, if she gets pregnant, she is not accepted by her spouse (resulting in divorce) and is forced to abort the child.
3. Live-in Relationship: Live-in relationship has become the trend of the time. An unmarried couple decides to move in together and live as husband and wife without establishing a legal relationship. Such type is not conventional and hence disapproved by an orthodox society.
4. Inter-caste marriage/Love marriage: A girl wanting to marry by her own choice with a boy who belongs to a different caste, or sometimes even the same caste. Take the case of the 25-year old Nandhish, belonging to a Dalit Community who fell for Swathi, who belonged to an upper-caste family. Eventually, they got married and lived together but sadly they were killed by their won parents for going against the family culture and norms set by the society. In the end, Swathi’s father also confessed the hideous crime of killing both and throwing their bodies into a river situated in Tamil Nadu’s Krishnagiri District. There are many other such cases reported almost every day.
5. Homosexual relationships: Although recently, India’s constitution has scraped article 377, we find that the mindsets of the commonalty remain the same. The society does not accept the same-gender marriage as they feel it is against the laws of nature. The relationship of love between a man and a woman is sacred, and the LGBT community considered as law-breakers.
6. Patriarchal society: With all the fuss about feminism around, we still know in our hearts that most parts of the country are still male-dominated. Especially the males from rural areas still feel that women are meant to take care of the family and the kitchen. If some girl tries to break the bars and rise in the society, they try to suppress her and if she doesn’t heed to their threats, she is either molested, raped or killed.

WAYS OF HONOR KILLING

Beheading, Throat slashing, Burning, Lethal acid attacks, Beating, Shooting and Strangling are some of the different ways in which the female members are being killed by a family member or the society in the name of Honor Killing. Sometimes the people with ill- mentality perform these kinds of crimes in public to scare other females and set a certain example portraying that how society expects girls to behave. If girls do not behave accordingly, they will be punished in the same way.

LAW AGAINST HONOR KILLING IN INDIA

The constitution of India gives the right to an individual to exercise his/her choice independent of religion, caste and gender. Before the cases of ‘Honor Killing ‘were registered in court in the name of homicide and Manslaughter. The homicide crime comes under the Indian Penal Code (IPC).

1. Section 299 and 301 of IPC, Homicide not resulting in murder. It could be a violent act like beating, burning, persecuting etc which do not result in another person’s death.
2. Section 300, Homicide that deals with murder. The acts are intentionally performed to murder the victim because they have brought dishonour.
3.  Section 302 IPC, punishment against perpetrators. The family members and the panchayats are booked under this section for prompting suicide those who disobey the terms of community norms and values. This Killing also violates Article 14, 15(1), 15(3), 17,18, 19,21 of Indian Constitution. This Law gives equal right to women and ensures the women’s right to live, right to security and to move freely.
4. Section 299-304: A person guilty of murder and homicide is penalised. If the homicide results in death, the person is punished to the life sentence, death along with fine.
5. Section 308: penalises the person who attempts to commit homicide by fine or imprisonment of three years or both.
6. Section 34 and 35: For criminal act done by a group of people promoting common intension.
7. Section 300: The crime of Murder. The punishment of a fine and sometimes death. It amends the Indian Evidence Act and Special Marriages act, 1954.
8. Section 307: If the male member tries to kill the female member, he could be penalised with imprisonment of 10 years and a fine. Further, at worst case, 10 years imprisonment can change into life imprisonment.
9. Domestic violence act, 2005: This act is amended for the protection of women who are a victim of violence from family members. It includes the sexual abuse, physical abuse, verbal and emotional abuse or any kind of injury to the females to meet the demand of dowry or any proprietor value.
10. Indian Evidence Act and Special Marriages Act,1954: The couple must present 30-day notice period for marriage planned to be formalised. It is a long process to register the marriages legally. This is the period given to the couple to know whether their partner is susceptible to Honor killing.

INTERNATIONAL LAW FOR HONOR KILLING

1. Conventional on the Elimination of all the norms of Discrimination against Women (CEDAW 1979): India is the participant to the United Nation CEDAW, and it states that any kind of ill activities like dishonouring the family, discrimination, will not be tolerated. CEDAW has been taking all the steps to end the discrimination, the practice of Honor killing against women and ensures that they are given equal right to marriage and choose their spouse.
2. Universal Declaration of Human Rights (UDHR 1948): They proclaim that everyone is born free in this world and has the right to live with freedom and dignity. According to them, judgement against women violates their principles.
3. International Convention on Economic, Social and Cultural Rights (ICESCR 1976): Sex Violence, Mental Torture, and Physical Violence are the heinous act of Honor crime, acts as an obstacle for the women to live to their fullest and attain standard health.
4.  Bejing Platform Action (BPFA 1995): states that its women’s right to have control over their life. They can responsibly decide the matters related to sexuality, health and freedom.
5. International Convention on Human Rights (1948): states that Honor Killing is the thrilling and cruel abuse of Human Rights.

HONOR KILLING CASES According to the statistics presented by the UN (United Nation), One in five cases of Honor Killing is from India.

1. Indian Report

• International Cases

1. Lebanon: Approximately 40-50 Honor killing cases every year.
2. Turkey: One Honor Killing case a week.
3. Syria: 200-300 Honor killing every year.
4. Pakistan: 2000-3000 cases every year. In 2002, there was 25% increase in Honor killing number.461 women were murdered by her own family member (Sindh and Punjab).
5. Palestinian territories: According to the 2002 report of UNICEF, 2/3rd of all killings was Honor killing.
6. Kurdistan: 255 Women died in the first six months of the year 2007.

The cases of Honor Killing is increasing enormously despite having laws against it. As we are developing, we expect to have a smaller number of Honor killing cases in the coming years. This kind of act is caused by the close person in the name of culture and Honor which is not tolerable. Despite of having strict law against Honor Killing, the women lose their life. The mentality of people should be changed through awareness. We all should stand with the right instead of supporting the wrong one. The family who loved their daughter from her childhood to her teenage should support her in her decisions, instead of supporting. It is very sad to know that the love bond of approx. 20 or more years is just ignored because of dishonour, disrespect they face to support their daughter. Family and society need to stand by side of those females who have dreams and support them in their ups and downs. This won’t minor them in the society, instead will be a great act of Humanity and Love.

Co-Author: Himanshi Rajput, Content Writer, Sarvpriye Foundation (https://sarvpriyafoundation.wordpress.com/2019/09/10/honor-killing/)(https://community.codebinary.in/)