Honour killings are brutal crimes driven by patriarchal norms, where individuals—especially women—are murdered by their own families for perceived violations of social or cultural honor.
NEW DELHI: Honour killings represent one of the most heinous forms of gender-based violence, deeply rooted in patriarchal and regressive societal norms. These crimes involve the murder of individuals—primarily women—by their own family members under the pretext of preserving familial or community “honour.” The triggers for such killings range from inter-caste or inter-religious marriages to a woman’s perceived deviation from traditional social expectations. Despite constitutional guarantees of individual freedom and legal provisions under the Indian Penal Code (now Bharatiya Nyaya Sanhita), honour killings continue to persist, often supported by informal social structures like caste panchayats.
A recent incident in Madhya Pradesh, where a woman was brutally murdered by her own family for choosing a life partner against their wishes, has reignited concerns over the prevalence of such crimes in India. Official data from the National Crime Records Bureau (NCRB) reported 25 cases of honour killings each in 2019 and 2020, rising to 33 cases in 2021. However, these figures are likely an underestimation, as many incidents either go unreported or are disguised under other categories of crime.
The persistence of honour killings highlights serious legal, social, and governance challenges that need urgent attention. While the Supreme Court of India has repeatedly condemned honour killings as a violation of fundamental rights, India still lacks a dedicated law to specifically criminalize these acts. The failure to enact strong legal frameworks, combined with deep-seated cultural justifications, has allowed such crimes to continue largely unchecked.
What is Honour Killing
Honour killings, refer to
“Acts of violence—most commonly murder—committed by male family members against female relatives who are perceived to have brought dishonor or shame upon the family. These killings are driven by deeply entrenched patriarchal and cultural norms, where a family’s so-called honor is linked to the behavior and choices of its female members”
Triggers of Honour Killings
Victims may become targets of honour-based violence for a variety of reasons, including:
- Refusing to Enter an Arranged Marriage – Defying a family’s decision regarding marriage is often viewed as an act of rebellion that tarnishes their social standing.
- Being a Victim of Sexual Assault – In some societies, instead of holding the perpetrator accountable, the victim is blamed for bringing shame upon the family.
- Seeking a Divorce – Women, even those trapped in abusive marriages, may face threats or violence if they attempt to leave their husbands.
- Allegations of Adultery or Extramarital Affairs – Even an unverified suspicion of a woman engaging in an extramarital relationship can result in extreme violence.
- Any Behavior Deemed “Immoral” – The mere perception that a woman has deviated from socially accepted norms—whether in terms of her clothing, friendships, or lifestyle—can be enough to incite an honour killing.
The Cultural Justification for Honour Killings
Honour killings—also referred to as customary killings—are carried out based on the belief that the victim’s actions have disgraced the family or community. The perpetrators, often including fathers, brothers, uncles, or even mothers, act under the assumption that by eliminating the “dishonorable” individual, they can restore their family’s reputation and social standing. In some cases, the crime may have social or communal approval, making prosecution and legal intervention difficult.
In essence,
“An honour killing is a premeditated murder committed under the justification of preserving cultural honor”
Repercussions of Honour killings
This form of violence not only violates fundamental human rights but also perpetuates gender discrimination and social oppression, restricting women’s autonomy and reinforcing patriarchal control over their lives.
Honour killings have far-reaching consequences that impact not only the victims and their families but also society as a whole. These crimes reinforce gender inequality, undermine the rule of law, and draw international criticism for failing to uphold human rights.
- Violation of Fundamental Human Rights
Honour killings represent a grave violation of the fundamental right to life as enshrined in Article 21 of the Indian Constitution and international human rights conventions. Such acts deny individuals—especially women—their right to autonomy, personal liberty, and dignity. Furthermore, they perpetuate gender-based violence and reinforce patriarchal structures that limit women’s agency in making life choices, particularly regarding marriage and relationships.
- Psychological and Social Impact
The consequences of honour killings extend beyond the immediate loss of life, inflicting severe psychological trauma on the victim’s surviving family members and the community at large. Families who lose their loved ones to such violence often experience:
- Long-term mental health issues, including anxiety, depression, and post-traumatic stress.
- Fear and social alienation, particularly for individuals who wish to marry outside caste or community norms.
- A chilling effect on women’s rights, discouraging them from exercising their freedoms due to the fear of retaliation.
- Challenges in Governance and Law Enforcement
Honour killings often go unreported or underreported, either due to societal acceptance of the crime or collusion between law enforcement and community elders. The following challenges persist in the governance framework:
- Weak Legal Provisions – Indian laws currently do not have a specific provision addressing honour killings, leading to difficulty in distinguishing them from other homicide cases.
- Societal Justification – In many cases, local caste panchayats or khap panchayats endorse such killings, discouraging victims and their families from seeking legal recourse.
- Ineffective Investigation & Prosecution – Honour killing cases often lack credible witnesses, as family members of the victim are frequently the perpetrators.
- Cultural and Economic Backwardness
Honour killings contribute to the oppression of women, preventing them from accessing education, employment, and financial independence. This, in turn, sustains regressive traditions, particularly in rural areas, where female autonomy is often seen as a threat to traditional power structures. The suppression of women’s rights limits the social and economic progress of entire communities, reinforcing a cycle of poverty and gender disparity.
- International Repercussions
Honour killings have attracted global human rights scrutiny, leading to pressure on India to take stronger legal and policy measures.
- International organizations like Human Rights Watch, Amnesty International, and the United Nations have repeatedly urged India to introduce stricter laws against honour crimes.
- Cases of honour-based violence have strained diplomatic relations, as countries with strong human rights frameworks condemn such practices.
- India’s human rights record is often questioned in international forums, affecting its global image and trade negotiations.
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Legal Provisions to Address Honour Killings in India
While India does not have a dedicated honour killing law, such crimes are prosecuted under various sections of the Indian Penal Code (IPC), 1860, now replaced by the Bharatiya Nyaya Sanhita (BNS). These provisions include:
- Penal Provisions for Murder and Homicide
- Sections 299-304 of IPC (Now BNS): These sections deal with murder and culpable homicide not amounting to murder.
- Punishment: Life imprisonment or the death penalty for murder.
- Culpable homicide: Punishable by life imprisonment or imprisonment for a term extending to 10 years.
- Section 307 of IPC: Penalizes attempt to murder with imprisonment of up to 10 years and a fine.
- Section 308 of IPC: Penalizes attempt to commit culpable homicide with imprisonment of up to 3 years, a fine, or both.
- Provisions for Group Crimes and Conspiracy
- Sections 34 and 35 of IPC: Penalize criminal acts done by several persons in furtherance of a common intention, making all participants equally liable.
- Sections 120A & 120B of IPC: Deal with criminal conspiracy, ensuring that those who plan or instigate honour killings can also be prosecuted.
- Provisions Against Forced and Unlawful Assemblies
- The Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011, sought to criminalize caste panchayats (Khap Panchayats) that convene to prevent self-choice marriages. However, despite initial support, the bill failed to pass in Parliament and was never enacted into law.
- The Law Commission of India’s 242nd Report (2012) recommended the creation of special anti-honour killing laws to provide clear legal frameworks for investigation, prosecution, and punishment. However, such laws are yet to be introduced.
Judicial Stand on Honour Killings
The Supreme Court of India has consistently condemned honour killings and emphasized the need for harsh penalties and legal safeguards to prevent such crimes. Some landmark judgments include:
- Lata Singh vs. State of UP (2006): The Supreme Court strongly condemned the harassment and violence faced by inter-caste couples. The Court ruled that honour killings are barbaric and unconstitutional, emphasizing the need for strict action against perpetrators.
- State of U.P vs. Krishna Master (2010): The Supreme Court convicted honour killing perpetrators and sentenced them to life imprisonment. The Court emphasized holding family members accountable, setting a precedent for future cases.
- Arumugam Servai vs. State of Tamil Nadu (2011): The Supreme Court declared that parents have the right to sever ties with their children but cannot harass, intimidate, or harm them for choosing a partner of their choice. The judgment directed the State Governments to take strict measures against Khap Panchayats and protect inter-caste couples from violence.
- Shakti Vahini vs. Union of India (2018): The Supreme Court ruled that honour killings violate fundamental rights, particularly Article 21 (Right to Life) and Article 19 (Freedom of Choice in Marriage). The Court directed State Governments to set up special cells to protect couples facing threats and ensure the prosecution of offenders.
Despite legal provisions and judicial intervention, honour killings continue to persist in India due to deep-seated societal norms, weak law enforcement, and lack of dedicated legal frameworks. To effectively combat this issue, the following reforms are necessary:
- Introduction of a Specific Law Against Honour Killings: A dedicated legislation should define honour killings as a distinct crime with strict penalties.
- Strict Action Against Khap Panchayats: Caste-based community councils that promote honour crimes should be banned and criminalized.
- Improved Police Protection and Legal Aid: Victims and potential targets of honour killings must have access to police protection, emergency helplines, and legal assistance.
- Community Awareness and Gender Sensitization: Grassroots campaigns should be conducted to challenge patriarchal mindsets and promote gender equality.
Addressing honour killings requires a multi-pronged approach, combining legal enforcement, judicial activism, and societal transformation. Until these measures are fully implemented, individual freedoms and human rights will remain at risk in the face of regressive cultural practices.
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