Cecily Zamora
Honour killings, also known as shame killings, are the murder of an individual, usually a woman, by members of her own family. Honour killings are prevalent in India, with nearly half of all honour killings occurring in the country, as well as in Pakistan. Despite the prevalence of honour killings in India, there is no national legislation that specifically addresses the matter. Instead, honour killings are tried under sections of the Indian Penal Code dealing with murder and culpable homicide. However, this fails to address the underlying motives for these killings, which are often related to caste and religious hierarchies.
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What You'll Learn
Honour killings in India: causes and triggers
Honour killings, or shame killings, are the murders of individuals who are perceived to have brought "'shame'" onto their communities or families. Honour killings are prevalent in various parts of the world, including the Middle East and South Asia, with nearly half of all honour killings occurring in India and Pakistan. The United Nations Population Fund estimates that as many as 5,000 women are killed annually for reasons of honour, although some reports place this number at 20,000 when taking into account underreporting.
In India, honour killings are often the result of people marrying without their family's acceptance, particularly when it involves members of different castes, religious groups, or the same gotra or exogamous clan. Honour killings have been reported in several states in India, including Punjab, Rajasthan, Haryana, Uttar Pradesh, and Tamil Nadu. The Indian state of Punjab reported 34 honour killings between 2008 and 2010, with Bhagalpur in the eastern state of Bihar also being notorious for such crimes.
Honour killings in India are a reflection of the prevailing religious and caste-based divisions in Indian society, as well as deep-rooted patriarchal structures that control women's autonomy and decision-making. The concept of "honour" is closely related to the reputation vested in male control over female sexual behaviour and gender roles, particularly female virginity and chastity. When a woman transgresses these gender expectations, her male family members may perceive their honour as being threatened and resort to killing her to restore their honour and confirm male supremacy.
Despite the prevalence of honour killings in India, there is currently no national legislation specifically addressing the matter. The Law Commission of India recommended a bill to tackle honour killings in 2012, but it was never taken up. In 2019, the Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill became the first and only special law to explicitly address honour killings in India. This law punishes perpetrators with death or life imprisonment and criminalises other forms of harassment and intimidation.
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Honour killings in India: existing laws and their limitations
Honour killings, most often the murder of a woman or girl by male family members, are prevalent in India. The killers justify their actions by claiming that the victim has brought dishonour upon the family name or prestige. Honour killings in India are a reflection of the prevailing religious and caste-based divisions in Indian society, as well as deep-rooted patriarchal structures that control women's autonomy and decision-making.
In 2012, the Law Commission of India recommended a bill to tackle honour killings, but it was never taken up. The Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill of 2019 is currently the only special law that explicitly addresses honour killings in India. The law states that honour killings are punishable by death or life imprisonment and outlines provisions that criminalise intimidation, endangering the liberty of a couple, and other forms of harassment. However, this law is limited to the state of Rajasthan and does not apply nationwide.
In the absence of specific national legislation, honour killings in India are prosecuted under the general penal provisions outlined in the Indian Penal Code, 1860 (IPC). While laws regarding murder, attempt to murder, and abetment to murder can be applied in cases of honour killings, they fail to address the underlying motive of honour, which is the primary driver of these crimes. Specific legislation addressing honour killings would provide protection to couples who wish to marry outside their religion, caste, or community, sanction punishment for the harassment, intimidation, kidnapping, and other forms of violence that victims often endure before the issue escalates to a killing, and enable better data collection and police accountability.
The lack of specific national legislation on honour killings in India has been attributed to the social acceptability of such acts within certain communities. Honour-based killings are often not considered criminal acts within these communities but are instead seen as "heroic deeds". The perpetrators of honour killings may even be revered and respected within their community. Additionally, honour killings are often under-reported due to direct or indirect support among village residents, particularly in rural areas. In some cases, honour killings have been ruled as accidents or suicides when reported to the police, further highlighting the challenges of addressing this issue effectively.
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Honour killings in India: the need for specific legislation
Honour killings, also known as shame killings, are the murder of individuals, predominantly women and girls, by their family members. The killers justify their actions by claiming that the victim has brought dishonour upon the family name or prestige. Honour killings have a long tradition in Mediterranean Europe and have occurred significantly and consistently in the Middle East and South Asia, with nearly half of all honour killings taking place in India and Pakistan. In India, honour killings occur when a couple marries outside their caste or religion, or within the same gotra (lineage).
Despite the prevalence of honour killings in India, there is no national legislation that specifically addresses this issue. The Law Commission of India recommended a bill to tackle honour killings in 2012, but it was never taken up. The Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill of 2019 is currently the only special law that explicitly addresses honour killings in the country. This law outlines that honour killings are punishable by death or life imprisonment and also criminalises intimidation, endangerment of a couple's liberty, and other forms of harassment.
The lack of specific legislation addressing honour killings means that these crimes are tried under the general penal provisions outlined in the Indian Penal Code, 1860 ("IPC"). This includes sections dealing with murder, culpable homicide, abetting murder, and criminal conspiracy. However, this patchwork application of laws fails to address the underlying motives for honour killings, which are often rooted in deep-rooted patriarchal structures and caste supremacy.
Specific legislation on honour killings would provide several benefits. Firstly, it would offer protection to couples who wish to marry outside their religion, caste, or community, addressing the primary motive behind honour killings. Secondly, it would sanction punishment for the harassment, intimidation, kidnapping, coercion, confinement, and assault that victims often endure before the issue escalates to a killing. Thirdly, it would aid in data collection, as cases would be registered under one statute instead of multiple provisions, promoting greater police accountability and pressure on authorities to act quickly and decisively.
In conclusion, honour killings in India continue to be a significant issue, reflecting the prevailing religious and caste-based divisions in Indian society. The lack of specific legislation addressing honour killings has allowed these crimes to persist, with social licence granted by certain respected quarters within the perpetrators' social groups. To effectively tackle honour killings and protect the rights and freedoms of individuals, India needs to introduce specific legislation that recognises the unique dynamics and motivations behind these heinous acts.
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Honour killings in India: the role of caste and religion
Honour killings are prevalent in various parts of the world, especially in India, Pakistan and Nepal. Honour killings are often connected to religion, caste and other forms of hierarchical social stratification, or to sexuality. Honour killings are believed to have originated from tribal customs.
In India, honour killings are a reflection of the prevailing stark religious and caste-based divisions in society, as well as an indicator of deep-rooted patriarchal structures that continue to control women's autonomy and decision-making. Honour killings in India are most common in the northern states of Punjab, Rajasthan, Haryana, Uttar Pradesh, and the southern state of Tamil Nadu. In 2015, there were 251 honour killings in India, according to the National Crime Records Bureau, although activists believe this to be a significant undercount.
The main reason for these crimes is that the victims have married without their family's acceptance, especially when it is between members of two different castes or religious groups. In some cases, honour killings are committed by caste councils of village elders, known as khap panchayats, which have no legal authority to interfere in marriages. However, in most cases, the killings are carried out by the families themselves. In one case, a couple who eloped and married were kidnapped and their mutilated bodies were found in an irrigation canal. In another case, a young couple who were planning to marry were murdered due to having a love affair.
Honour killings in India are not limited to any one religion or community. For example, in the case of Jaswinder Kaur Sidhu, an Indo-Canadian beautician was killed on the orders of her mother and uncle, who were Sikh. In another case, Nitish Katara, an Indian business executive, was murdered by the family of the woman he was in a relationship with, who were Hindu.
Despite the prevalence of honour killings in India, there is currently no national legislation specifically addressing the matter. The Law Commission of India recommended a bill to tackle honour killings in 2012, but it was never taken up. In 2019, the state of Rajasthan passed a law that explicitly addresses honour killings, making them punishable by death or life imprisonment. However, a specific law on honour killings has yet to be passed at the national level.
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Honour killings in India: data and statistics
Honour killings are prevalent in India, with nearly one-third of the world's annual honour killings taking place in the country. Honour killings are acts of murder perpetrated by individuals seeking to protect what they see as the dignity and honour of themselves or their family. They are often connected to religion, caste, and other forms of hierarchical social stratification, or to sexuality. Most often, honour killings involve the murder of a woman or girl by male family members, due to the perpetrators' belief that the victim has brought dishonour or shame upon the family name, reputation, or prestige.
In India, honour killings have been reported in the northern regions, mainly in the states of Punjab, Rajasthan, Haryana, Uttar Pradesh, and the southern state of Tamil Nadu. The main reason for these crimes is that people marry without their family's acceptance, especially when it is between members of two different castes or religious groups. In contrast, honour killings are less prevalent but not non-existent in the western states of Maharashtra and Gujarat. According to nationwide data from the National Crime Records Bureau, there were 251 honour killings in 2015 and 24 in 2019, although activists believe these numbers are significantly undercounted. Over 30% of honour killings in India take place in Western Uttar Pradesh, according to a survey by AIDWA.
Specific legislation addressing honour killings in India would tackle several issues that existing criminal laws cannot, including providing protection to couples who wish to marry outside their religion, caste, or community, sanctioning punishment for the harassment, intimidation, kidnapping, coercion, confinement, and assault that victims typically endure before the issue is escalated to a killing, and allowing for the collection of reliable data as cases would be registered under one statute instead of a myriad of provisions.
Despite the continued prevalence of honour killings in India, there is currently no national legislation specifically addressing the matter. While laws regarding murder, attempt to murder, and abetment to murder can and are applied in cases of honour killings, such a patchwork application of laws fails to address the primary, underlying motive for these killings. In 2012, the Law Commission of India recommended a bill to tackle honour killings, but it was never taken up. The Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill of 2019 is currently the only special law that explicitly addresses honour killings in the country, asserting that honour killings are punishable by death or life imprisonment.
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Frequently asked questions
Honour killing is the murder of an individual, mostly a woman, by her family members to protect the 'honour' of the family, when it involves inter-caste, inter-religious marriages or relationships.
There is no national legislation in India that specifically addresses honour killings. The Law Commission of India recommended a bill in 2012, but it was never taken up. The lack of a specific law means that honour killings are tried as 'murder' under the Indian Penal Code (IPC).
Honour killings can be prosecuted under sections of the Indian Penal Code (IPC) dealing with 'murder' (299-304), 'abetting murder' (107-11), and 'criminal conspiracy' (120A and 120B).
The Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill of 2019 is a special law that explicitly addresses honour killings. It punishes honour killings with death or life imprisonment and criminalises intimidation, endangerment of liberty, and other forms of harassment.
A specific law on honour killings would tackle several issues that existing criminal laws cannot. It would provide protection to couples who wish to marry outside their religion, caste, or community, sanction punishment for the harassment and intimidation that victims often endure before the killing, and allow for better data collection.
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