Honour Killing in India: Causes, Consequences and Constitutional Aspects

Context: Rising cases of caste-based ‘honour’ killings in Tamil Nadu, Telangana, Maharashtra, and Kerala despite higher inter-caste marriages and Dalit empowerment.

What is Honour Killing?

• Murder of a family member, usually a woman, by relatives/community members for allegedly bringing dishonour/shame to the family.
• Rooted in strict cultural, social, and religious norms about family honour, morality, and behaviour.
• Closely linked to women’s choices in marriage, relationships, sexuality, and modesty.

Causes of Honour Killing

• Caste System: Fear of losing caste purity/status; hostility to inter-caste/same gotra marriages.
• Patriarchal Norms: Women denied autonomy; marriages seen as the family’s honour transaction.
• Caste Panchayats (e.g., Khap): Informal caste bodies impose punishments, often killings.
• Gender Imbalance: Skewed sex ratios fuel control over women’s marriage choices.
• Social Status: Family honour prioritised over personal liberty or individual achievements.

Consequences of Honour Killing

• Human Rights Violation: Direct attack on the fundamental right to life; reinforces gender inequality.
• Social Impact: Families/communities suffer trauma and long-term psychological damage.
• Governance Challenge: Weak legal enforcement and social sanctions enable perpetrators to evade justice.
• Cultural Backwardness: Restricts women’s education/employment; sustains regressive traditions.
• International Impact: Attracts global criticism for human rights violations, harming India’s image.

Constitutional Aspects

• Article 14 – Right to Equality before law.
• Article 15 – Prohibits discrimination on grounds of caste, religion, sex, etc.
• Article 17 – Abolition of untouchability.
• Article 19 – Freedom to choose a partner and association.
• Article 21 – Right to life and personal liberty includes the right to marry a partner of choice.
• Article 39(f) – State to ensure children are free from exploitation and given development opportunities.

Judicial Stand

• Lata Singh vs State of UP (2006): SC condemned violence against inter-caste couples; termed honour killings “barbaric.”
• State of UP vs Krishna Master (2010): SC upheld life imprisonment for honour killing convicts.
• Arumugam Servai vs State of Tamil Nadu (2011): Parents may disown but not harass children for inter-caste marriages.
• Shakti Vahini vs Union of India (2018):
  • Honour killings = violation of fundamental rights.
  • Directed states to set up special cells and protect threatened couples.

Attempts for Reform

• Prohibition of Unlawful Assembly (Interference with Freedom of Matrimonial Alliances) Bill, 2011: Targeted khap panchayat-led unlawful assemblies against self-choice marriages; lapsed without enactment.
• Law Commission’s 242nd Report (2012): Recommended a separate anti-honour killing law with clear guidelines for investigation, prosecution, and punishment.

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