Man is endowed with rationality, intelligence and wisdom. He uses his mental faculties to achieve finer graces of human civilisation. This has kept the human being on a much higher plane.
life and death rest with the decision of the Almighty, but none the less everybody wants to live full length of life. So, killing a man by another man in the family with deliberate intention in concert or with conspiracy and in an act of vengeance is a heinous crime; it is a sin. In legal parlance it is called ‘homicide’ and in English law ‘manslaughter’. In cases of culpable homicide amounting to murder, the punishment is death sentence or imprisonment for life. Death sentence is awarded only in the ‘rarest of the rare’ cases based on a plethora of judgments of the Supreme Court where murder is committed with diabolical design, criminal conspiracy and in a most brutal and gruesome manner.
In this backdrop, in the name of caste and religion to uphold the dignity and honour of the family, killing of somebody’s son or daughter by their parents, family members is a barbarous and dastardly crime. Particularly in the States of Utter Pradesh, Haryana and Rajasthan for last some years and, of late, in Odisha, it is seen that if the son or daughter who belongs to conservative families against the wishes of the parents bypassing the family pedigree, tradition and status marries in other caste, community and religion the parents take stern action against them and satisfy their ego by killing them. If the matter is taken before the Khap Panchayat of the area, the Panchayat takes it very seriously and pass orders to kill the boy or girl for vindication of the family’s honour. This has been commonly described as ‘honour killing’. Of course very recently, the so-called Khap Panchayat has allowed inter-caste marriage to a limited extent that the boy or girl should belong to a different State. In love marriages, according to the Khap Panchayat’s decision the lover and the beloved are not only socially ostracised but killed. There are instances where the boy and the girl have been chased and killed by the order of the panchayat.
The worst incident happened in Haryana in June 2007 when by the decision of a Khap Panchayat of a Jat community Manoj and Babli who got married against the wishes of the community and who belonged to different castes were brutally killed. Babli’s family members killed her by giving her poison and Manoj was strangulated to death. Ultimately, four accused were sentenced to imprisonment for life by the Punjab & Haryana High Court. The Babli-Manoj case is an eye-opener, which awakened the administration.
The Supreme Court in the case of lata Singh versus State of Utter Pradesh in 2006 and in the case of Arumugam versus State of Tamil Nadu in 2011 directed that it is the duty of the administration and, particularly, of police to combat honour killing and eliminate this social evil, bring the offender to justice who deserve exemplary punishment. The court also held that if the boy and girl marry in other caste, community and religion and some of them who express desire for such inter-caste marriage should be provided adequate security from the clutches of their family members and the Khap Panchayat. Stringent legal action has to be taken against the offenders. The court gave direction that the District Magistrate and Superintendent of Police of the area would be held responsible if they are found negligent and there is laxity on their part.
Regarding honour killing, former Minister Samser Singh Surjawala who is a Jat leader of Haryana denounced the decision of the Khap Panchayat, saying, ‘The diktats and fatwa issued by the so-called ‘Gotra Khaps’ on breaking of marriages and other similar issues would lead to Talibaniaation of society as such decisions were illegal and against the Constitution.”
In this backdrop, the Government thought of making amendments to Section 300 of the penal code making ‘honour killing’ a special category of offence, but the law Commission did not feel the necessity of any amendment. Rather, against the decision of the Khap Panchayat, the commission brought a Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011. In the Bill, it is provided that if any person, community or organisation creates hindrance or interferes with the decision of any major boy and girl in their arranged marriage or love marriage or acts against their wishes for such marriage in other caste, creed, religion, it would be a punishable offence. The provisions of the Bill have made it clear that no individual or community collectively would create obstacle when a boy and girl belonging to different castes, communities, religions, clans and Gotras decide to marry. Similarly, no individual, community or Panchayat would take a decision that if the boy and girl marry outside their castes and religions that would amount to dishonour of the family. The District Magistrates have been empowered to give adequate security and protection to young couples before marriage, during marriage and after marriage.
Honour killing has been made a non-bailable, cognisable and non-compoundable offence and the offences would be tried by a special court. According to the law Commission, the Khap Panchayat is a self-styled, illegal body and their decision of disowning and condemning inter-caste and inter-religion marriage is a decision or dictum which is against the provisions of the Hindu Marriage Disabilities Removal, Act-1946. In this context, the then Home Minister P Chidambram in the Rajaya Sabha, while replying to a call-attention motion on honour killing, said, “The vilest crimes are committed in the name of defending the honour of the family or women, and we should hang our heads in shame when such incidents take place in India in the 21st century.” The Supreme Court also strongly condemned the honour killing in the case of Bhagawan Das versus Delhi Administration. The court held, “Honour killing comes within the category of the rarest of rare cases deserving death punishment. The court said all persons who are planning to perpetrate honour killing should know that the gallows await them. The court said 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, uncivilised behaviour. It is heartening to note that the copy of this judgment has been sent to the Registrars of all High Courts, to the Chief Secretaries and DGs of Police of all State Governments with a direction to curb honour killing very firmly.
Gone are the days of this conservative, reactionary and feudalistic attitude of mind, precept and practice as well which has no place in a civilised society. Parents should shun this tradition-bound psyche. In the language of the Supreme Court if marriage of boy and girl belonging to different castes, creeds, religions and communities take place, there would be intermingling if culture and age-old caste system would wither away. A sense of brotherhood, friendship, amity and goodwill would prevail in the society which helps the process of national integration.
(The writer is a former Special Judge, CBI, Bhubaneswar and a former Professor of law, lal Bahadur Shashtri National Academy of Administration, Mussoorie)
