ANALYSIS OF HONOUR KILLING AND KHAP PANCHAYAT IN INDIA (SHAKTI VAHINI VS. UNION OF INDIA, 2018)
AUTHORS – SHWETA TYAGI & RITIKA VERMA, STUDENTS AT AMITY LAW SCHOOL, AMITY UNIVERSITY
BEST CITATION – SHWETA TYAGI & RITIKA VERMA, ANALYSIS OF HONOUR KILLING AND KHAP PANCHAYAT IN INDIA (SHAKTI VAHINI VS. UNION OF INDIA, 2018), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 807-817, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
A cherished asset of every human being is Honour. No one is given the free pass to end a valuable human life in the name of culture or tradition. It cannot be lost for either the communal or private interests. Killing someone is always wrong, criminal, and a serious violation of human rights. To take someone’s life without cause or justification is wrong. Also, it is illegal and against the constitution. Every citizen is entitled to life and dignity under the constitution. Honour is sustained in life. The Indian Constitution guarantees this right as a fundamental one. Every person has the right to protection from any threat to their life. Everyone has the freedom of choice. This promise also includes the right to an opinion. So, the right to marry and the freedom to select one’s spouse both fall under the umbrella of the right to life. The right to live in dignity in society cannot be violated by societal or cultural influences. Yet, it is illegal to kill someone for the sake of family Honour, and the law has mechanisms to deal with these inappropriate behaviors. Killing someone is equivalent to murder and will never compensate or restore the alleged lost Honour. In the current study, an effort is made to analyze the idea of Honour and Honour Killing in India within the fundamental legal framework. To explore judicial interpretation of the law, some seminal Supreme Court decisions are also explored. Honour Killing is essentially a family member killing another family member. It is the dishonest behavior of the family members that prioritize the purity of their clan over the lives of an individual. It is done to remove the disgrace and dishonor that a family member has brought on. Any family member who tries to fall in love with someone who doesn’t fit their social level is killed by a member of the family.