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Trending: Call for Papers Volume 6 | Issue 1: International Journal of Advanced Legal Research [ISSN: 2582-7340]

PRIDE VS. HUMAN RIGHTS: A CRITICAL ANALYSIS ON HONOUR KILLINGS IN INDIA – Jayanti Dhawan

Abstract

With respect to the cultural features, Honour killings or acts of violence perpetrated to ‘avenger’ a family honour maltreatment are one of the worst human right abuses that are still well practiced in India majorly against women and people of the LGBTQ+ ship. These killings are firmly based in patriarchal, casteist and heteronormative gender roles, misunderstandings of ‘honour ’, and are against the rights of life, liberty and equality. Nevertheless, honour killings persist as a result of the persisting social prejudices, lack of adequate police action, and insufficient number of reported cases of rights of the victims. Honour killings have also not been exempted from India’s legal system since its apparatus has grown over the years. The older sections of the IPC consisting of section 302, 307, 120B and 34 relating to punishment for murder, attempt to murder, criminal conspiracy and acts done by any person in furtherance of a common intention respectively have not undergone any change. In this regard, constitutional mandates are court orders such as the one contained in Shakti Vahini v. Ministry of Women and Child Development, Union of India (2018) enjoined protective structures such as safe houses sheltered courts and vigorous actions against the khap panchayats, approving honour crimes. New legal changes have gone further in enhancement of protection. The Beti Bachao Beti Padhao campaign focuses on the rights of girls also and wants to transform social thinking regarding the freedom of women. India has not a specific law against honour -related crimes but the Criminal Law (Amendment) Act (2018) increased the punishment for violence against women, this way, indirectly. The honour crimes are addressed in the Bharatiya Nyaya Sanhita (BNS) Bill, 2023 to replace the IPC and includes practices that are forbidden – social boycott and mob lynching. This is accompanied by the Bharatiya Nagarik Suraksha (BNSK) Bill, 2023 dealing with citizen security which in turn is beneficial to victims’ rights in the electoral democracy. But it’s a problem to enforce because of cultural barriers, lack of police and legal awareness, and the operations of undemocratic systems like the khap panchayats. For these deficits, the enforcement of new laws with scientific vigour along with improvements in the outreach levels, formation of structures to support victims, and communal efforts to challenge patriarchy and casteism. This paper provides a critical look at India’s developing legal policies and procedures to fight honour killings and protect human rights by introducing both ancient and modern methods.