292 Journal . Honour Killing in India - A Social Malaise Cri LJ law shall prohibit an discri!ination and guar-. .

to uphold wo!en"s rights and ensure #reedo! antee to all persons e$ual and e##ecti%e pro- #ro! discri!ination& which include the respontection against discri!ination on an ground' sibilit to"pre%ent& protect and pro%ide redress such as race& colour& se(& language& religion& - regardless o# se(& and regardless o# a political or other opinion& national or social& person"s status in the #a!il under internaorigin& propert & birth or other sratus.) Si!i-. tionallaws and standards. *hus& India has an larl & no one shall be sub+ected to arbitrar or. obligation under abo%e !entioned %arious inunlaw#ul inter#erence with his pri%ac & #a!- ternational instru!ents to e(ercise due diligence il & ho!e or correspondence& nor to unlaw#ul to pre%ent& in%estigate and punish the perpeattac,s on his honour and reputation. -%er - trators o# Honour Killing and pro%ide protecone has the right to the protection o# the law tion #or the %icti!s. against such inter#erence or attac,s. ./ *he Ad!inistration o# Cri!inal Justice and *he 0nion o# India as a !e!ber to the Honour Killings1 0ni%ersal 2eclaration o# Hu!an 3ights has an *racing the lines o# +udicial acti%is!& our obligation to protect the li%es& rights and lib- Courts see! deter!ined to curb this social ert o# indi%iduals and protect the! #ro! such !alaise. *he barbaric practice o# "Honour Ki0heinous cri!es. *he 0ni%ersal 2eclaration o# ings" that is& ,illing o# oung wo!en b their nu!an 3ights under Art. 45 guarantees the relati%es or caste or co!!unit !e!bers #or #ollowing1 bringing dishonour to the #a!il or caste or 647 Men and wo!en o# #ull age& witho"ut co!!unit b !arr ing or wanting to !arr an ii!itation due to race& nationalit or reli- a !an o# another caste& co!!unit or who! gion& ha%e the right to !arr and to #ound a the #a!il disappro%es o#& is #re$uentl re#a!il . *he are entitled to e$ual rights as to ported to ta,e place in India. *he Court has !arriage& during !arriage and at its dissolu- e(pressed its deep concern in %arious cases. tion. In the case o# Lata Singh %. State o# 0ttar 627 Marriage shall be entered into onl with )radesh and others IS the Court obser%ed that1 the #ree and #ull consent o# the intending 8*here is no dispute that the petitioner is a spouses. !a+or and was at all rele%ant ti!es a !a+or. 6/7 *he #a!il is the natural and #unda!ental Herice she is #ree to !arr an one she li,es or group unit o# societ and is entitled to protec- li%e with an one she li,es. *here is no bar to tion b societ and the State. an inter-caste !arriage under the Hindu MarCo!!ission on Hu!an 3ights in its e(tra- riage Act or an other law ... Since se%eral such instances are co!ing to our ,nowledge o# +udicial& su!!ar or arbitrar e(ecutions& e(- harass!ent& threats and %iolence against oung pressed concern at the large nu!ber o# ,ill- !en and wo!en who !arr outside their ings co!!itted in the na!e o# passion or in caste& we #eel it necessar to !a,e so!e genthe na!e o# honour reported b the Special eral co!!ents on the !atter. *he nation is 3apporteur& and called upon 9o%ern!ents to passing through a crucial transitional period in in%estigate such ,illings pro!ptl and thor- our histor & and this Court cannot re!ain sioughl : to bring those responsible to +ustice: and to ensure that such ,illings were neither lent in !atters o# great public concern& such as the present one. *he caste s ste! is a curse condoned nor sanctioned b 9o%ern!ent o#- on the nation and the sooner it is destro ed #icials or personnel. 4; the better. In #act& it is di%iding the nation at a *here#ore& it is a clear State responsibilit ti!e when we ha%e to be united to #ace the 42. Article 25& International Co%enant chalienge be#ore the nation unitedl . Hence& on Ci%il inter-caste !arriages are in #act in the national and )olitical 3ights. interest as the will result in destro ing the 4/. Article 4<& International Co%enant caste s ste!. Howe%er& disturbing news are on Ci%il 4=. Lata Singh %. State o# 0ttar )radesh and )olitical 3ights. (2006 4;. Co!!ission on Hu!an 3ights in 6=7 SCC ;<=7 1 6AI3 2>>5 SC its 3eso2=227. lution 2000/31.

2012

Honour Killing in India - A Social Malaise

Journal 29/

co!ing #ro! se%eral parts o# the countr that oung !en and wo!en& who undergo intercaste !arriage& are threatened with %iolence& or %iolence is actuall co!!itted on the!. In our opinion& such acts o# %iolence or threats or harass!ent are wholl iliegal and those who co!!it the! !ust be se%erel punished. *his is a #ree and de!ocratic countr & and once a person beco!es a !a+or he or she can !arr whosoe%er he?she li,es. I# the parents o# the bo or girl do not appro%e o# such inter-caste or inter-religious !arriage the !a(i!u! the can do is that the can cut o## social relations with the son or the daughter& but the cannot gi%e threats or co!!it or instigate acts o# %iolence and cannot harass the person who undergoes such inter-caste or inter-religious !arriage. @e& there#ore& direct that the ad!inistration?police authorities throughout the countr will see to it that i# an bo or giri who is a !a+or undergoes inter-caste or interreAigious !arriage with a wo!an or !an who is a !a+or& the couple are not harassed b an one or sub+ected to threats 1Br acts o# %iolence& and an one who gi%es such threats or harasses or co!!its acts o# %iolence either hi!sel# or at his instigation& is ta,en to tas, b instituting cri!inal proceedings b the police against such persons and #urther ste! action is ta,en against such person as pro%ided b law. @e so!eti!es hear o# "honour" ,illings o# such persons who undergo inter-caste or inter-religious !arriage o# their own #ree @ill. *here is nothing honourable in such ,illings& and in #act the are nothing but barbaric and sha!e#ul acts o# !urder co!!itted b brutal& #eudal !inded persons who deser%e harsh punish!ent. Cnl in this wa can we sta!p out such acts o# barbaris!.8 In India& especiall in rural areas& an de%iation #ro! the caste s ste! is intolerable. *he situation beco!es orecarious when an upper caste girl elopes with a lower caste bo or when a Hindu girl #alls in lo%e with a Musli! bo & crossing boundaries o# Hindu upper caste dictates o# purit and pollution. In a societ ridden with pre+udices against lower castes and stri#e with co!!unal con#licts& a oung couple who dares to cross the co!!unit dictates is se%erei punished. At ti!es& the price #or choosing a partner would be a

grueso!e !urder or public hu!iliation o# the couple or their relati%es. It is considered a dishonour #or the #a!il o# higher caste. In 9. Krishnan slo 9o%indan %. 0nion o# India "5Hon "ble Chie# Justice Kat+u& obser%ed that 8In #act& e%en toda the so-called upper castes and e%en C.D.Cs. o#ten loo, down and insult the !e!bers o# the Scheduled Castes . and Scheduled *ribes. *his can no longer be tolerated in this rncde! age o# de!ocrac . In the !ode! age& e$ualit is one o# the basic #eatures which characterises this era. *oda no. people and no co!!unit will tolerate being treated as in#erior and will oppose such 0Itreat!ent& and will be +usti#ied in doing so. *he truth is that e%en toda & in !an parts o# our countr Scheduled Castes and Scheduled *ribes are oppressed and hu!iliated and %iolence is co!!itted on the!. Eor instance& in !an parts in western districts o# 0ttar )radesh 6e.g. Meerut& Mcradabad& MuFa#arnagar& etc.7 i# a Scheduled Caste bo #alls III lo%e and !ardes 6or wants to !arr 7 a non-Scheduled Caste girl& i# o#ten happens that both are !urdered b !e!bers o# the non-Scheduled Caste co!!unit or the #a!il !e!bers o# the girl& and this is called Honour Killing. In #act& there is nothing honourable in this& and this is an abo!inable& disgrace#ul and shoc,ing practice which !ust be suppressed b the State.8 in another renowned case o# Aru!uga! Ser%al %. State o# *a!il Gadu8. *he Dench o# Justice Mar,ande Kat+u and Justice 9 an Sudha Mishra has passed a order on the Honour Killings being reported across Iridia. *he Dench stated that1 8*he caste s ste! is a curse on the nation and the sooner it is destro ed the better. In #act& it is di%iding the nation at a ti!e when we ha%e to be united to #ace the challenges be#ore the nation unitedl . Hence& inter-caste !arriages are in #act in the national interest as the will result in destro ing the caste s ste!. Howe%er& disturbing news are co!ing #ro! se%eral parts o# the countr that oung !en and wo!en who undergo inter9. Krishnan slo 9o%indan %. 0nion o# India& w.a Go. 422;> o# 499; 6reported in 2005 Cri U /H447 in the High Court o# Madras. 4<. Aru!uga! Ser%ai %. State o# *arni I Gadu 62>4475SCC;>=16AI32>44&S 4H=97.

45.