Honour Killing-Suggestions to the Hon’ble Commission headed by Hon’ble Mr. Justice K.N.Basha. The government both at the centre and the states are seriously considering finding out ways and means by which honour killing can be controlled. In

: சாதி ஆணவக் கொலைகளைத் தடுக்க தனிச் சட்டம் இயற்ற அமைக்கப்பட்ட நீதிபதி K. N. பாஷா அவர்களிடம் மூத்த வழக்கறிஞர் NGR பிரசாத் மற்றும் அகில இந்திய ஜனநாயக மாதர் சங்கம் சார்பில் ஆலோசனை மற்றும் சட்ட மாதிரி முன்வரைவு அளிக்கப்பட்டது
சாதி ஆணவக் கொலைகளைத் தடுக்க தனிச் சட்டம் இயற்ற அமைக்கப்பட்ட நீதிபதி K. N. பாஷா அவர்களிடம் மூத்த வழக்கறிஞர் NGR பிரசாத் மற்றும் அகில இந்திய ஜனநாயக மாதர் சங்கம் சார்பில் ஆலோசனை மற்றும் சட்ட மாதிரி முன்வரைவு அளிக்கப்பட்டது.

Honour Killing-Suggestions to the Hon’ble Commission headed by Hon’ble Mr. Justice K.N.Basha.

The government both at the centre and the states are seriously considering finding out ways and means by which honour killing can be controlled. In
India honour killing has a specific connotation. It takes within it, caste and gender, Presently, there is no legislation relating to honour killing. It is treated as an ordinary killing, and the perpetrators of the violence are treated as murderers, and action is proceeded as under the Indian Penal Code. Now when a leader like Thirumavalan, Member of Parliament, is
seriously consideringbringing a legislation to control honour killing it shows that these caste killings are on the increase and therefore a comprehensive legislation has to be brought about (apart from other means of prevention) to put down this barbaric act.
In our country, there is a hierarchical division of caste. Thevarious castes are divided based on their occupations and there is one which is kept out of the caste system itself. They are called outcastes, Gandhiji prefers to call them as Harijans, now referred to by the name Dalits. It is the Dalits who do the most menial jobs in a society, and they are kept out of public places, burning ghats, and places of worship and other societal groups. It is assumed such a proposition that the Dalits have been clamouring for their emancipation they want to have all the civil rights. Dr. BR Ambedkar has been the greatest exponent in this Dalit struggle. It is commonplace that the caste groups want to maintain a strong hold over the members of their community. The patriarchs or the male members of that community exercise a dominant influence on the ways and methods by which they continue to have a hold on to the members. In this process it is the women that have suffered many indignities, apart from honour killings itself. If a woman who belongs to an upper caste wants to marry a Dalit who is well educated, this cannot be possible in the present caste structure of society. The khap panchayats are consisting of caste members who are highly prejudiced in favour of preserving the caste culture, may not be willing to permit a woman belonging to their caste marrying a Dalit who is an outcaste according to them. If she violates the direction of the elders and goes and marries a Dalit with whom she is deeply in love, she runs the risk of her
being even killed and even the person with whom she wants to marry runs the imminent danger of being murdered. Even women members of the upper castes have to fall in line with the male elders and also do what the male members of the society decide, namely, to kill the female. This has led to barbaric proportions, and there is no civilised society that can put up with it. Great social reformers such as Jyotirao Phule and Pandit Iyothee Thasshave been trying to lead movements such as the Dalit movement, to see to it that these sufferings do not happen, but they have not been able
to succeed substantially. Now in the constitution, which has been framed under the chairmanship of Dr. BR Ambedkar, the great civil rights leader, number of provisions have been made to do away with untouchability and improving the lot of women who have been the victims of discrimination and humiliation at the hands
of khap panchayats and caste leaders. Abolition of untouchability has been made a fundamental right in the constitution, under article 17. Its enforcement has also been made a fundamental right under article 32 of the constitution. These are all significant steps to bring about a serious change in the lives of the Dalits who have suffered untouchability. The existence and practice of untouchability in our country and therefore the way for its eradication during the past seven decades are matters for common knowledge and can be taken judicial notice. The Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities Act 1989) is the taw which seeks to enforce article 17. This is one important step that is being taken by the Constitution makers to further put an end to the discrimination against Dalits. One small step in the march towards egalitarianism. But
unfortunately, the Scheduled Castes and the Scheduled Tribes have not gained their place in society. They live In ghettos and they are not allowed to participate in the various activities of the civil society. Even now in the villages, the Dalit is served with a different tumbler. Many other social disabilities continue, and caste clashes have ended in honour killings to punish the Dalits of having risen in assertion of their rights. It may not be the same as inter-caste marriages between upper caste women and Dalits. Certainly, this aspect also calls for a legislation and honour killing should not be confined to only inter-caste marriages. There are other provisions in the Constitution which may not strictly come under honour killing but oppose all social practices which are against treating women on equal terms.. Article 19 in the constitution gives the right to freedom of speech and
associations, to be peaceful and move freely throughout the territory of India, and practice in any profession or occupation. In this we have built the right of the untouchable. Then we have the right to life, which is Article 21 and which in my view carrles with it the right to human dignity. Even honour killing would come under this article of the constitution, consent of family or community of a client, is not necessary when two adults agree to enter wed law. Khap panchayats or any panchayats of any nomenclature cannot create a dent in the exercise of human rights, protected by the rule of law. Honour killing guillotines individual liberty, freedom of choice and one’s own perception. These are all elaborately referred to in Shakti Vahini v Union of India, 2018 7 SCC page 192. This could equally be said of the right to choose a spouse or right to marry a person of one’s choice, integral to article 21 where autonomy of an individual inter alia in relation to family and marriage is integral to the dignity of the individual also. Shafin Jahan v Asokan 2018 16 SCC 408 and Laxmibai Chandaragi v State of Karnataka 2021 3 SCC are judgements of the Supreme court asserting this valuable right to a person of your choice. Articles 25 and 26 are also fundamental rights whichwould protect the rights of women, and therefore the constitution and the judgements of the
supreme court have given a clear direction against discrimination against women and caste groups. Now, enacting a law specifically providing for honour killing for those who become the victims of inter-caste marriage namely a woman belonging to high caste defying the wrath of the elders and marrying a Dalit is only one more step on the part of the government in providing a free, clean and civilized society. This is intune with the constitution and is an important step in furtherance of article 17 of the constitution.

Suggestions by
NGR. Prasad