AMITY LAW SCHOOL, NOIDA

SOCIOLOGY

Honour Killing as a Dark Side of Modernity

Meghna Kummar ( A032134721010 )

Vasundhra Roy ( A032134721047 )
Vrinda Vohra ( A032134721040 )
Panya Tyagi ( A032134721023 )
Anshita Verma ( A032134721053 )
 Acknowledgement

First and foremost, we would like to express our gratitude to our Prof. Dr Shivani Singh,
who was a continual source of inspiration. She pushed us to think imaginatively and urged
us to do this homework without hesitation. Her vast knowledge, extensive experience, and
professional competence in the field of Sociology enabled us to successfully accomplish
this project. This endeavour would not have been possible without her help and
supervision. We could not have asked for a finer mentor in our studies.

This initiative would not have been a success without the contributions of each and every
individual. We were always there to cheer each other on, and that is what kept us together
until the end.

I’d like to thank Amity University, Uttar Pradesh for providing us with the opportunity to
work on the project - Honour Killing as a Dark Side of Modernity.

Last but not least, we would like to express our gratitude to my families, siblings, and
friends for their invaluable assistance, and we are deeply grateful to everyone who has
contributed to the successful completion of this project.
 Index

1. Abstract

2. Introduction

3. Method

4. Literature Review

5. Analysis: Honour killings In India

6. Implications of Honour Murders

7. Honour Killing : Heinous Crime

8. Specific Triggers of Honour Killing

9. Role of Law

10. Case Law

11. Conclusion

12. Recommendation

13. References
 Honour Killing as a Dark Side of Modernity

Abstract

Life is unpredictable. The next minute of life is unknown to anyone. Every person has
the right and desire to live their life as they see fit in this situation. No one shall be
forced to live their life in the service and in the name of another. Honour killing is the
act of killing a person, whether a man or a woman, who refuses to enter into a family-
arranged marriage or decides to change his or her marital status because it
compromises the family's honour. The family's highest authority takes care of the family
name but neglects to consider the love and affection that is shared with each family
member. In this research paper, We've talked about the practise of "honour killings" in
India. This kind of murder occurs as a result of specific factors that are also discussed
in relation to the role of the law in honour killings. No one who breaks the law can go
free, and in this case, the crime in question violates numerous provisions meant to
protect the citizen. Even though this crime shares similarities with many other crimes,
it is still distinct and is distinguished in the paper. When the husband comes from a low
caste, it eventually lowers the status and caste of the female family, which motivates the
male family members to murder the girl. However, they fail to remember that the girl is
their child, and that while status can be gained, a girl's life can never be reclaimed.
Caste is less valuable than the life and love the girl has shared with them.

Keywords: life, willingness, male, female, marital life, love, family, honour, violate,
crimes.

Introduction

Family members who commit acts of honour killing believe that doing so will purify
the family. To restore honour to the family and remove the shame and dishonour
brought on by the family member, the family commits murder on the family members.
The family's male member murders the female who disobeyed their wishes and
dishonoured the family name. This is a form of pre-planned murder committed by
family members against the person who had brought shame upon the family. Most often,
these acts are the result of triggers set off by family members, the community, or
neighbours who make the accused feel degraded and agitated. The majority of these
incidents involve females who are suspected of committing sexual and marital crimes.
When the group as a whole should be supporting the female, they are not, which creates
a situation where they shouldn't exist. India is a democratic nation because each citizen
is free to act in accordance with their moral convictions and constitutional rights. When
a family member chooses someone from a different caste, they are perceived as bringing
dishonour to the family in a society where everyone is treated equally without
discrimination. The main causes of honour killing in the modern world are caste and
status because a girl's caste and status change when she visits her husband's home. The
study's objectives are to understand honour killing, highlight its seriousness and
consequences, and examine the causes of the crime.

Method

Primary and secondary sources of data collection are used in the research methodology.
The term "Primary Source" refers to an individual's own data collection, whereas
"Secondary Source" refers to information gathered from a source where another
individual had already conducted the research. In order to complete this research paper,
secondary data was required. The data used in the research paper is taken from books,
online sources, and other research papers. The research's concepts and materials were
created with the aid of secondary sources. We accomplished this by compiling the
knowledge we had at the time and expressing our concerns and ideas about the subject.

Literature Review

• According to Dr. Alka Bhatia, honour killing is the practise of killing a woman
because of behaviour that family members deem to be immoral. She made this
claim in her research paper on honour killing in the socio-legal context. The
immoral behaviour could take the form of someone rejecting an arranged
marriage in favour of getting married to the person they love. Honour killing has
become ingrained in society over the years, not just in urban and rural areas but
all over the world. For the sake of the family's honour and status, many girls are
murdered by the family in acts of honour killing. Honour killings occur
regardless of caste, religion, or sexual orientation.
• According to Navratan Singh Fateh, who wrote a research paper on honour
killings, the crime of honour killing is the most heinous of all those that are
committed. The victim of an honour killing is a member of the family rather than
a third party. However, in this scenario, they would be the ones to kill the victim
for the status and dignity of the family. In a family, the father and brother must
be the support to inspire and uplift the family. The male family members who
were unable to control their emotions over the female who was inclined to act
 against the family committed this type of murder. The male family members
view dignity and honour as being the most important quality in rural areas where
educational attainment is lower than that of the family.
• According to Sango Bidani, who wrote a research paper on honour killing in
India, honour killing is the execution of a family member who has wed against
her parents' wishes or to a member of a different caste. Honour killing differs
from dowry death in that a woman is killed by a family member and is not
accepted as a family member, whereas a woman who dies as a result of dowry is
accepted by the family. Honour killing has developed into a custom. Honour
killing is still a practise that occurs in many families where achieving honour and
status takes precedence over showing love for a family member.

Analysis : Honour Killings in India

Honour killing, also referred to as shame killing, is an act that brings shame to the
family. When a person rejects an arranged marriage, marries someone the family
disapproves of, or gets married to someone outside their caste against the wishes and
wishes of the family, it is considered an act of murder. This kind of murder has been
practised for centuries in India. This has been a tradition since the past. In our nation, it
is now accepted practise. The Supreme Court issued a ruling based on the concept of
honour killing that declared it unlawful to kill or physically assault young people or
women who choose to wed against the wishes of their families. This kind of killing is a
brutal and barbaric act committed by a family member. However, honour killing has
been designated as a separate provision with harsh penalties in our nation. Honour
killing is a more common practise in India, particularly in the states of Punjab, Uttar
Pradesh, Haryana, and Rajasthan. The crime of honour killing is coming to light more
and more as a result of the complex sociocultural issues. The main causes of honour
killing are people from high castes who refuse to marry outside their caste in order to
preserve their status. If something were to happen to lower their status, they would feel
that it was unnecessary, so if a female or male marries a person of low status, they would
feel that person was unnecessary rather than lowering their status. The victim's parents
will not agree to a love marriage, even if their status and gotra are the same. This murder
is carried out to restore their honour, which has been damaged as a result of the young
man or woman's action. Due to merciful acts as well, honour killing is a practise in
India. The parties responsible for the honour killing may argue that there was a serious
and sudden provocation. As honour killing has been practised for centuries, such a
notion was entertained when the act was created. Honour killing is a crime that is now
primarily on par with other serious crimes. The young male or female who has been
raised by the family for years must also be taken into account by the family, even though
culture is important. The family members do not receive the same level of importance
as culture and status. They become motivated to commit an honour killing by thoughts
of society, their immediate surroundings, and rumours and news stories about the
victim, but they do not seek out a solution to protect the victim. Our nation is
experiencing an increase in this crime.

Implications of Honour Murders

No one gender is exempt from honour killings. Men are sometimes listed as victims of
honour killings. Whether the victim is a man or a woman, it is inappropriate for the
family members to kill them if they have violated or damaged the family's reputation.
Honour killings, on the other hand, are not only committed against women. It also
applies to men. When men go against the rules, the families of the women or the male
family members often band together to kill them. The role of the male is more important
in the execution of honour killing. In the event that a crime is committed, the male
family members form a group to murder the victim, and they would do so especially if
the victim was a girl. No matter how close or in love they were with the victim, if they
stepped outside the bounds of the family, they killed the victim. Women have
occasionally participated in the commission of honour killings as well. They collaborate
with the male ancestors to carry out the crime. They help to ensure the boundaries of
sexual laws and, if the victim is her daughter, they have plans to kill her. Males are
victims of crime, too, but females are more severely affected because of the harsher
accusations and criticisms made against them by society, which in turn spurs the
families of the women to support them in committing the crime. Sometimes the male
and female would be killed without any feelings of love. This crime is also regarded as
a ruthless crime because a family member was killed without showing any mercy.

Honour Killing : Heinous Crime

Since ancient times, sati has involved forcing the family's female wife to jump into a
fire while still alive. The family adheres to this tradition out of devotion. If the husband
has passed away, the wife must complete her life on her own. Without her husband, she
is not permitted to interact with the public. No matter how old she is, the female must
make this. If her husband does, she must commit suicide by burning herself to death out
of love and devotion for her husband. This is distinct from honour killing, which occurs
regardless of whether the victim's husband is still alive if she or he refuses to listen to
family members or otherwise degrades the status and culture of the family. The family
members would kill the male and female of the pair who disobeyed the tradition. In
India, however, honour killing continues to be practised despite the fact that Sati is
outright prohibited. But only triggering can be used to commit either crime.
Although they are not the same because honour killing is a relatively new idea, homicide
and honour killing are closely related. Both involve killing the victim. In both of these
crimes, the concept of mens rea is crucial. In cases of homicide, the killers are driven
by financial gain, whereas in cases of honour killing, the victim is permanently removed
to restore the family's honour. In cases of homicide, the accused is usually a third party
who commits the crime in exchange for money or a family member, but in cases of
honour killings, the offender is a family member. In contrast to an honour killing, which
occurs because the family has been dishonoured, homicides in no way bring shame to
the family. Similar to how an honour killing is entirely the result of family members,
neighbours, or other relatives provoking it, homicide is the result of a plan made by a
specific person to carry out the crime.

Specific Triggers of Honour Killing

Refusal of an arranged marriage:

If a member of the family, whether male or female, rejects the marriage that has been
arranged by the family, they will be killed in the interest of the family. When someone
rejects the marriage that has been arranged by the family, the family members
experience a certain amount of shame.

Seeking a divorce:
The victim of an honour killing would have been a married person who had filed for
divorce due to problems in their marriage with their family. When a member of the
family feels that the victim would prefer to die than live, they may decide to kill the
person themselves rather than seek a divorce because it will damage the family's
reputation.

Allegations and rumours about family members:

The victim may become the target of rumours or false accusations from their neighbours
or other members of the community. In that situation, whether they were aware of the
truth or not, family members would murder a member in order to maintain their status
and reputation. According to them, killing the victim gives the family more prestige and
status.

Homosexuality:
It has become commonplace when love develops between individuals of the same sex.
When a couple of the same sex wants to live together, the family or society forbids it,
which leads to more and more accusations and incites the family members.
Victims of rape:
Women are being violated in a society where they ought to be protected. In that case, it
is the responsibility of the family to accept such victims, but they view it with shame
and believe the girl's life is over and she is wholly useless to them and society as a
whole, so they plan to kill her.

Inter-caste marriage:
When a victim marries someone from a different caste, the party who views their caste
as important and more important than their family members suffers. In this situation,
the lower caste member would rather kill the victim than allow them to live by raising
their caste. If the victim is from a lower caste, and caste is the foundation of their
prestige, they will kill them regardless of the fact that they are a member of their family.
Not only do their family members become victims, but the other party they want to live
with also suffers.

Role of Law

There are numerous protections for every citizen in the Indian Constitution. Every
single person has unique rights under which they are safeguarded. Every citizen has
rights, regardless of caste, religion, or gender, and they are safeguarded from honour
killings. Honour killings are treated in a manner similar to homicides. According to
sections 299 and 301 of the Indian Penal Code, 1860, killing the victim with the intent
to do so in order to raise family honour constitutes culpable homicide, which is the same
as murder. Due to this crime, there are some laws that have been broken. Articles 14,
15, 1, 3, 19, and 21 of the Indian Constitution. The Indian Constitution's Articles 14 and
15 discuss equality before the law and equal rights before the law, which states that
every citizen of India must be treated equally without discrimination based on caste,
sex, creed, race, etc. However, in cases of honour killing, women are killed, which
constitutes a gender violation. The Indian Constitution's Articles 19 and 21 discuss the
right to freedom and the right to life and personal liberty, respectively. The right to
freedom is violated in the case of an honour killing.

Every citizen has the right to live their life as they see fit, and no one has the authority
to infringe on that freedom or force them to act in accordance with the wishes of others.
The most significant fundamental right is the right to life and liberty, which is
guaranteed to every citizen. No one has the authority to end another person's life. God
created people, and he is the only one with the absolute power to end the lives of those
he has made. The victim's right to life and freedom of movement is violated in cases of
honour killings where the victim is killed. Every citizen must become a major after
reaching the age of 18 according to Section 3 of the Hindu Marriage Act of 1857.
However, the Supreme Court later changed the Act to specify that each citizen must be
21 years old to become of legal age. After reaching the age of majority, every citizen
has the right to select their life partner in accordance with the Hindu Marriage Act. In
that case, honour killing is against it because the victim is killed for selecting their life
partner. No one should be forced into marriage, and honour killings also violate this
rule. The victim is subject to being killed in the name of dishonour to the family if they
refuse the marriage that has been arranged by them.

Case Law

1
Manoj – Babli Case

This case was one of the most serious cases related to honour killing.

Facts of the case:

The victims of the case were Manoj and Babli. They eloped and got married because
they were in love with one another. After learning of this, the family members were
indignant and went in search of the victims. The victim's family had brought the matter
before the khap panchayat, which at first stated that anyone who made contact with the
victim would have to pay Rs. 25,000/-, so nobody should do so. The family had brought
them before the khap panchayat, which was also opposed to the marriage, after
discovering their whereabouts. Because the victims belonged to different castes, they
decided against the victim. For the sake of the society, the decision was made on the
basis of religion and caste. The khap panchayat was also accused of taking part in the
victim's murder in order to uphold the family's honour. Babli's grandfather was the khap
leader, so relatives of Babli were involved in the murder. Nevertheless, they kidnapped
and killed the victims.

Decision of the Court:

However, the court in the Karnal district had already given life sentences to five of the
murderers when this case had been heard there. This is the first instance of an honour
killing case leading to a landmark decision giving the accused a life sentence. The driver
who participated in the kidnapping received a seven-year prison term. Honour killing is
also considered as the most serious offence.

1
Smt. Chandrapati vs State Of Haryana And Others on 27 May, 2011
Conclusion

The most that can be done if a family member disapproves of the young people's
marriage is to cut off their social ties to them; however, committing an act of honour
killing does not elevate the family's honour. However, the family members are unaware
of this fact. God is the creator of life, so he should have authority over births and deaths.
The ability to remove someone from this earth depends on the god who brought them
there. Family is important, but it is not important if one of the members is killed. Since
the couple decides their own life and has the choice to stay together or separate, it is
very secure to stop honour killing. No one has the authority to take away another
person's life or freedom. Living life to the fullest and being happy and joyful always
makes sense because you never know when your next moment will come. Therefore, it
is preferable to adhere to the Live and Let Live policy.

Recommendation

There are many rights and laws brought against honour killing but still the
practice of honour killing has become is wide spreading issue. The accused knowing
that there is rigorous punishment for such a crime still practices it with a mindset that
honour of the family is more important than the victim. They are ready to face the
consequences of punishment than facing the consequence of bringing dishonour to
the family. Education about the importance of life of every citizen on this Earth
should be brought out. The people in the rural and urban areas should be
educated and the consequences of the heinous crimes should be known creating
awareness to them.
References

1. AALI(2001) Choosing a Life….. ‗Crimes of Honour„ in India: the Right to If,

When and Whom to Marry, a view from Uttar Pradesh and Rajasthan, available
at www.soas.ac.uk/honourcrimes
2. Ali, R. (2001) The Dark Side of ‗Honour„: Women Victims in Pakistan, Arqam,
Lahore.
3. D. Bhugra.Sati: A Type of Nonpsychiatric Suicide.Crisis: The Journal of Crisis
Intervention and Suicide Prevention (July 2005), 26 (2), pg. 73- 77
4. https://www.academia.edu/Documents/in/Honour_Killing
5. https://www.academia.edu/2233603/Honour_Killing/A_Study_of_the_Causes_
and_Remedi es_in_its_Socio_Legal_Aspect......_Dr._Alka_Bhatia
6. https://www.lawteacher.net/free-law-essays/constitutional-law/honour-
killings-the-law-andimprovements-to-it-law-essays.php
7. https://en.wikipedia.org/wiki/Honor_killing
8. https://www.aljazeera.com/indepth/opinion/honour-killings-india-assault-
womenautonomy-180314090856246.html
9. https://www.thenewsminute.com/article/india-needs-separate-law-tackle-
honour-crimesactivists-demand-govt-listening-62382
10. http://www.thehindu.com/news/cities/Delhi/love-in-the-time-of-
honourkillings/article22725108.ece
11. http://indianexpress.com/about/honour-killing/
12. https://globalnews.ca/tag/honour-killing/
13. “Crimes of honour”, Violence against Women (2005) by Sen, Purna.
14. “Honor and Shame” by Pierre Bourdieu (1991)