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HOW HONOUR KILLING IS A CASTE CRIME? - BY P.DIVYA CHELLAM

HONOUR KILLING
The system of killing of family member or of a social group due to the belief that the victim has bought dishonor to the family, is to be regarded as honor killing. It applies to both men and woman. Honour killing is the homicide of a member of a family or social group by other members, due to the belief the victim has brought dishonor upon the family or community. The end route of patriarchal pride, or the false notion of patriarchal pride is to deliver punishment. 
CAUSES OF HONOUR KILLING
1. Marrying a person outside their own caste or religion
2. Engaging in lesbian or gay relationship
3. Refusing arranged marriages 
4. Disobeying the dress codes given by community to females
5. Pre marital sex or giving birth.
HONOUR KILLING AS A CASTE CRIME
The system of caste, consist of sub divisions and sub rankings, from highest to the lowest with its inferiors. Honour killing exist with primordial, provincial patriarchy, which functions without the legal course of action, carried out by the local panchayats. They consider marriage as a product of caste and gender dictatorship, legitimized by traditional caste and village councils. In addition, they maintain the order of the society. The tradition of exchange of women in sub caste is called as endogamous marriage, considered as a status quo. Exogamy is the system of sending girl’s out in a foreign community. Men and women who violate the caste chastity, are chased, hunted, beaten up, forcibly remarried, brutalized and finally killed. In such cases the local police co-opt, owing to caste and kingship ties, which is not difficult to achieve the dystopia of patriarchal pride. Therefore, the false notion of patriarchal pride is to deliver punishment. A recent judgement by a session court in Karnal for the first time awarded the death penalty to five men for murdering a young couple who had married against the diktats of a khap panchayat. It gave life sentence to a member of the khap panchayat who declared the marriage invalid and was present when the killing took place.
LEGAL ASPECTS OF HONOUR KILLING
1.  CONSTITUTIONAL VIOLATION
Honour killing violates certain provisions to the constitution, contrary to the basic rights of citizens.
. Article 14 – Right to Equality
. Article 15(1), 15(3) - Prohibition of Discrimination on grounds of caste, race, sex, religion.
. Article 17- Abolition of Untouchability
. Article 19(1)(a) - Freedom of speech and expression
. Article 21- Right to life and personal liberty.
. Article 39(a), 39(e), 39(f) - Children and women protected from exploitation.
2.  NATIONAL LEGISLATIONS
. Indian Majority Act, 1859
Surjit Kumar V. State of Uttar Pradesh & Ors, 2002 (456) ACC 79).
. Special Marriage Act, 1954.
The form of marriage for citizens of India as well as Indians residing in foreign nations.
3. PROTECTION OF HUMAN RIGHTS ACT, 2006
Human Rights are possessed by every person irrespective of age, nationality, sex, race, religion, without any discrimination. This act provides protection of human rights of every individual and constitution of commissions and courts. The killing of humans done to comply with the customs of culture is a complete violation of human rights.
4. DOMESTIC VIOLENCE ACT, 2005
Domestic violence includes an act of women being abused physically and emotionally.
REASONS FOR PREVALENCE OF HONOUR KILLING
1. Patriarchal Thinking
The typical thinking of honour in the family is associated with the woman of the family, when it is collapsed, it is emphasised with the concept of shame and dishonour. This is the patriarchal design which is limiting the minds of men in the society. In order to prevent honour killing, people should become more open minded and respect each other choices.
2. Caste System
Inter caste marriages are denied by certain cultural groups, marriage is also denied and not allowed to marry his/her gotra or of their parents gotra. In such circumstances, honour killing persist also among inter religion marriages. In a Supreme Court case (Latha Singh v. State of Uttar Pradesh (2006) 5 SCC 475), it was stated by Justice Markandey Katju that “Honour Killings are nothing but cold-blooded murder and no honour is involved in such killings”. 
3. Khap Panchayat and vote bank
Khap panchayat take law in their own hands and indulge in offensive activities which endanger the personal lives of persons marrying according to their free will. There are many judicial decisions provided by the Courts against the Khap Panchayats. One such landmark case is Smt. Laxmi Kachhwaha v. the State of Rajasthan (1999). In this case a Public Interest Litigation was filed in the Rajasthan High Court against the illegal functioning of Khap Panchayat violating the individual's basic rights.
4. Lack of Education
There is lack of awareness among the mindset of common people, which is limiting their thoughts, rights and belief. As per the landmark judgment in the case of Manoj and Babli, it was held that, Honor killing was considered as the most serious offence. In addition, the 5 perpetrators involved in the murder were sentenced to death. The driver involved in the case was given an imprisonment of 7 years.
EVIDENCES THAT PREVAIL HONOR KILLING OCCURS
1. Excessive violence among family members
2. Forced marriages
3. Excessive restrictions of freedom
4. Constant surveillance by the family
5. Barriers to socialisation among other casts.
CULTURAL PERSPECTIVE OF HONOUR KILLING
Honour killing is not a means for controlling sexual power or behaviours, yet relies on fertility or reproductive power. In earlier times, the underlying assumption being women are delicate and hence need protection, and this gives rise to a protector complex among male family members. Men avenge the honour of ‘their’ women by punishing other men-all the while women being still caught in a protector-violator exchange. The concept of honour may have become obsolete for large sections of urban India, but it still operates in even larger parts of mainland India, and continues to perpetrate violence and indignity. Let us not treat honour as a delicate issue rather as an archaic relic of a primitive past that has survived despite constitutional reforms of caste and gender.
MEASURES TO STOP HONOUR KILLING
1. The social evil of honor killing cannot be completely eradicated by law alone, but with subordinates of social, economic, political, educational, cultural steps against the crime.
2. Setting up women police stations, providing women psychologist for helping women victims.
3. Public education, awareness, media campaign.
4.  Promoting organizations of work towards non violence.
5. Elemination of all forms of discrimination against women.



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