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In India, Honor killing is a traditional crime in which they kill women who perceive women as bearers of the prestige of the family. This tradition in India is stereotypical, many young people in India are killed every year, and around 5000 women are murdered owing to honor killing .
Honor killing is a belief and tradition of people in India and they think of women as objects and do not have any rights over their life. Most of the honor killing cases come from countries like India and Pakistan where the woman is considered a significant vessel of the familys prestige.
In this research paper, I will cover one of the most sensitive issues of traditional crime, even in the 21st century we have to agree to the fact that such heinous crime still takes place and ironically the other women of the family also take part in setting up the murder of other women of their own family. India is the largest democracy in the world but still, people dont have rights and freedom in their own lives.
The people have to understand that there is no honor in taking someone elses life.
Every year around the world we get so many honor-based killings but in India although, there are preventive measures and some punishments for honor killing there are no strict laws regarding this heinous crime. Even after there is an increased number of violence against young people in India the people are still stuck in their stereotypical cultural beliefs. And the crime against women of the family is getting normalized.
Introduction
Honor killing is the murder of a female family member by the male members of the family. In the defense, the criminals justify their actions by saying that the female member brought dishonor to the familys prestige by her actions.
In previous times, the work that female members of the family did was closely observed. The maintenance of the females virginity or sexual purity is considered to be the important responsibility of the other family members, especially the male relatives- at first, the father and the brothers had to take care of it, and after marriage, the responsibility comes to the husband. The cases of honor killing usually happened because they have engaged in a sexual relationship with a man who is not their husband even if she is the victim of rape. Apart from these reasons, there are other reasons too such as asking for divorce and refusing to get married.
Although such crimes are widely suspected and underreported, the United Nations Population Fund evaluates that there are around 5000 women who are killed annually for the honor of their families. When a man is found guilty, the defendant could claim that the crime had been committed to restore sullied family honor and petition the court for a reduced sentence.
It is a heinous crime against women and ironically, female relatives often defend the murder and are involved to set it up.
And currently, we may have preventive measures and some laws for this do not have strict laws against honor killing. In this research paper, I will further explain to you the historical background, case study, initiatives we should take against this, and the conclusion for honor killing.
Historical background
1. Origins of honor killing:-
Matthew A. Goldstein, J.D. has noted Honor killings were encouraged in ancient Rome. The origin of this heinous crime and control over women is evidenced throughout the previous times in the cultures and traditions of different regions. In Roman laws, they gave full control to the men over the children and women of the family. Under such laws, the lives of the females were under the discretion of the men in their families. They also justified the crime by stating that women who are guilty of adultery can be killed by their husbands or the male members of the family. Crimes related to honor were known in medieval Europe, where the Jewish system supported the death by stoning for an adulterous woman and her partner.
Nowadays such practices are common in the regions of North Africa and the Middle East.
Sharif Khanna, who is a professor of anthropology states Honor killing is a complicated issue that cuts deep into the history of Arab society. In patriarchal times, in some Arab countries under Ottoman rule the murderer could sprinkle the blood of the victim over his clothes to show his increased honor.
2. Honor killing- Worldwide:-
There is no uniqueness or shocking factor to any one culture or religion when the criminals justify such heinous crimes with the notions of honor and shame. Also, the violence based on honor is reflected in patriarchal events in many countries. In Western societies, dueling was the practice through which claims of masculine honor were made and understood. In Canada, dueling continued in the late 1800s.
Also, for example, the fifth wife of Henry VIII was killed because of the allegations of adultery. Desdemona was slain in Shakespeare’s Desdemona, and Romeo and Juliet portrayed an ancient family feud over honor in British literature. Integrity was vital to King Arthur and the Knights of the Round Table. In Ancient Roman times, the senior male within a household retained the right to kill a related woman if she was engaged in pre-marital or extra-marital relations. According to Blackstone, the Roman law justified homicide ‘when committed in defense of the chastity either of oneself or relations’.
Honor-based violence can be between men only and sometimes involves women as collaborators. However, it appears to be perpetrated almost exclusively by men against women and children whom they consider to ‘belong’ to them. It generally appears in the following sets of circumstances:
- Adultery
- Pre-marital sex or having a child out of wedlock (although honor may be restored through a ‘shotgun wedding’)
- Disobeying parents, or
- Patriotism
- Personal Insult
- Defaulting on Monetary Debts (typically between men).
In Ancient Rome, a household’s senior male held the authority to execute a related lady who was involved in extramarital or premarital affairs. According to Blackstone, homicide was allowed under Roman law ‘when undertaken in defense of one’s own or one’s relations’ chastity.’
Violent acts motivated by honor can be exclusively between men, or they can include women as collaborators. It appears to be almost exclusively committed by men against women and children whom they regard to be ‘theirs .
3. Honor killing in Islamic regions:-
In Arab countries, the tradition of honor killing extends back to pre-Islamic times across several Arab countries when Arab settlers occupied a region beside Sindh known as Baluchistan (in Pakistan). The patriarchal norms of the Arab residents allowed the live burial of newborn daughters. These customs date back to ancient Babylons history when the common belief was that a womans sexual purity was the familys responsibility.
The Quran did not mention honor killing or the Hadiths. It refers specifically to the legal punishment against women by the family. Which is forbidden by the Islamic Law.
The execution of Saudi Arabian princess Misha’al is an example of an honor killing in which the punishment was ordered straight by her grandpa after she admitted extramarital affairs, instead of obeying any Islamic religious court procedure.
These laws are observed by various people. Even though the vast majority of Islamic experts disagree, some Arabs claim it is their right under both tradition and Sharia (through the procedure of al-urf) (fuqaha). Iran’s Ayatollah Ali Khamenei has slammed the custom as ‘un-Islamic,’ although anyone who committed honor-based killings escaped light sentence under Iranian law.
Case study
1. Manoj Babli honor killing case:-
The Manoj Babli honor killing case is about a newly married couple named Manoj and Babli in June 2007. Both sides of the family lived in Karoran village, Kaithal. In 2005 Manoj and Babli started to show interest in each other. Manoj was four years older than Babli.
On April 7, 2007, Manoj and Babli decided to run to Chandigarh and got married in the Durga temple without their familys consent although their commitment to each other was willful and consensual from both sides. Babli’s family was so upset with the marriage that they sought help from the local khap panchayat, which canceled it. The Khap also threatened Manoj’s family with a social boycott. Anyone who maintained relations with them would face a monetary penalty of Rs. 25,000. Ompati attempted to persuade her family that Babli had done nothing wrong and that she and Manoj would soon return home. In their Karora village in Kaithal district, Haryana, a khap panchayat (khap), a religious caste-based council among Jats, ordered the killing. The Khap issued a ruling forbidding marriages that are not by community norms. Several Indian states, including Haryana, Punjab, western Uttar Pradesh, and parts of Rajasthan, have caste-based councils that have been in operation with government support for years. In any case, the state government voiced no concern about the Khap panchayat’s decision.
The Khap panchayat’s judgment was based on the idea that Manoj and Babli belonged to the Banwala gotra, a Jat community, and thereby were considered siblings despite not being connected directly, and thus any union between them would be illegal and incestuous. Despite this, the pair married, after which they were kidnapped and murdered by Babli’s relatives.
Judgment- The five criminals were put to death by a Karnal district court in March 2010, representing the first time an Indian court had done so in an honor killing case. The Khap leadership who ordered the killings but did not take part in them was given a life sentence, while the driver engaged in the kidnapping was given a seven-year sentence. In response to the deaths of Manoj and Babli, the UPA-led federal government planned to submit an amendment to the Indian Penal Code (IPC), making honor killings a ‘distinct offense,’ according to Home Minister P. Chidambaram.
Initiatives taken against honor killing
In August 2009 some women’s organizations with a legal cell of All India Democratic Womens Association in consultation presented a written law named the Prevention which is based on the Honor and Tradition Bill in front of the government.
According to the bill, the violation of the rights of the couples tells about the different crimes such as murder and gives the preventive measures and degrees of punishments for this heinous crime.
In March 2018, the apex court provided the measures to prevent this customary killing in India and the guidelines were to be followed and to wait for the proper law to be passed. Although the Supreme Court has passed the guidelines there is an important need for proper law and punishment, and justice should be served as quickly as possible in such cases as justice delayed is justice denied. Proper implementation of strict laws is required.
In the end, we still do not have proper and strict laws against honor killing.
Conclusion:
Because of the stereotypes and traditions such crimes happen, honor killing is a customary crime that needs to be prevented because as earlier mentioned around 5000 innocent women are killed in the name of honor and according to their families they have brought shame to the family due to different types of reasons, for example, violation of womens rights, gender discrimination, poor education or no education and lack of awareness there are so many unreported cases.
India as a country of traditions and culture must pass strict laws against such crimes and prohibit them as it also affects the civilization or development of the country.
We must respect every caste, religion, and gender stand by each other without any type of discrimination,n and grow together as a country.
no religion or culture can be invoked to validate the evil practice of honor killing.
We need strict laws and punishment against honor killing. we as human beings should take a stand for other human beings.
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