Caste plays an important role in India for defining whether the person is of good family background or not. And there is crime in India because of difference in caste, or religion. And so, this shape a crime called as honour killing. This is a homicide or an act of violence or murder committed by the family members towards generally and mostly forward female members of the family, who bring dishonour or disrespectful to the reputation and status of the family. These families are triggered by their status in the society. The families consider their reputation as the supreme authority than any love or attention. There are various cases of this kind of killing these may be dress code, patriarchal force, love marriage, divorce, victim of rape, etc. However, there is a strong and major role of constitutional provisions and international conventions, treaties and agreements to enthusiastically work towards the betterment of humans all around the world. And give everybody freedom to life and liberty.
INTRODUCTION
Culture crime is crime that spares no culture and runs towards ruining of culture. All that is known is that honour killing has took a wild head in past and still prevalent in some parts. However, killing as individual is seen as wrong behaviour. The term honour killing can be termed as a killing of a women or female by its own family members for immoral behaviour that breached the family status or code in the community. It was a phase where a person was killed because of having choose his own martial life the family thought it be an act of disrespectful for them and to show force and imposition the act of honour killing took place. The code or reputation or so-called status patriarchal society where a woman is burdened and perceived to be the sole responsibility towards the community. Honour killing is a brutal and harsh which abusers the human rights I.e., right to life & liberty and also clause of international convention for human rights (1948).
MEANING AND CONCEPT OF HONOUR KILLING:
Human Rights elaborates “honour killings” as the demonstrations of brutality, normally murder, submitted by male relatives against female relatives, who are held to have brought shame upon the family. A lady can be focused by (people inside) her family for an assortment of reasons, including declining to go into an organized marriage, being the casualty of a rape, looking for a separation—even from a damaging spouse—or (supposedly) submitting infidelity. The minor recognition that a lady has carried on such that “shames” her family is adequate to trigger an assault on her life
Honour killing is an act of killing a person especially is female by their own family members as they consider the act of the person to be disrespectful for the status and honour of the family, and supreme authority of family looks about the reputation and status rather than the love or affection because certain causes trigger the society. It could termed as a homicide of a family member by another due to the belief that the victim has violated the community status or reputation and brought shame to the family.
HISTORY OF HOUNOUR KILLING:
Honour killing is an act of murder by family members for the status dishonoured by the victim. The people who do such kind of homicide do not value the life but only value the reputation of them in the community. The is social evil which is extremely caused by the family members to the people who choose their love of life without matching the social status of family. It could however be termed as a pre- planned murder for caste and religion.
This evil is be rooted well in social, political and economic environment of South Asia, Muslim countries, and India. India celebrated its 72nd Independence Day but till now caste is more superior than life of oneself. Our country however provides us with all the right to life, equality and as well as liberty. But still in present situation a woman is not treated at some places as an equal human and segregated from that of men.
And all we see from the past till today the caste society, borrow thinking of people and aggrieved to do crime of honour killing. There is crime registered by families as suicide and accident. In 2000 Un gave a review of 5000 where the custom of this crime in India. There are criminals who are well educated and surveys that 60% are high schools or university graduates or least literate.
CAUSE
It is bringing of dishonour or shame to family. There could be different forms of dishonour for any family. There are the following termed behaviours:
- Dress code is unaccepted or inappropriate for the family or its members.
- The desire to marry someone else or not to marry to the person desired by parents or having a desire for love marriage.
- Desire to end a frustrated marriage or demanding divorce from husband.
- Engaging one self in sexual acts with any person.
- A victim of rape.
In India presently as well in past care and religion played an evil role in this kind of crime. As the caste in our country is rigid and people are not adaptable to the changes of modern era.
ROLE OF CONSTITUTIONAL PROVISIONS
Indian provides its citizens male or female with equal rights irrespective of the caste, religion or sex against any crime or mishappening against the person as so as towards the humour killing. Constitution states Indian as a secular state where everyone is enumerated with right to choose their own religion and caste no person has an authority towards it.
Homicide is stated well in section 299 and 301 of the Indian Penal Code 1860 which defines homicide as an act which has an important factor of intention and the act of honour killing is justified in proving the criteria of intention.
Article 14 and article 15 defined in Indian constitution the right of every citizen to be presented as equal and equal protection from law and a citizen is treated equally irrespective of their care, sex, religion. This crime is however more done towards women than men. Indian constitution gives right of freedom under article 19 and right of life and liberty under article 21.
Hindu marriage act 1857 gives the right of marriage and a right to choose your life partner. A person is given a right to revoke the arrange marriage and is liable to nobody.
SIGNIFICANCE OF INTERNATIONAL LAWS
India is assistor to the UN conventions. It together works towards elimination of discrimination against women (CEDAW). The arrangements of CEDAW can be utilized to contend that the custom and routine with regards to rebuffing people for poorly educated thoughts regarding disrespecting the family, is basically systematized victimization people and makes a lawfully restricting commitment for India, as a state gathering to the show, to take all measures to end all types of the act of respect slaughtering and guarantee that all oppression ladies in issues identifying with marriage and family relations is wiped out, furnishing them with equivalent appropriate to go into marriage and to unreservedly pick a mate and to go into marriage with their free and full assent as specified in Article 16 of the Indian Constitution. However, there are many international treaties, conventions, organization and laws which together work towards making the status and reputation of the women all around world to increase. And work towards providing justice to the people who are the victims of this kind of crime.
CONCLUSION
The eradication of honour killing requires a genuine mediation in the present state of affairs. Equivalent sexual orientation relations have not yet been accomplished viciousness still exists for the sake of respect. In this way, it is the state’s and the general public’s obligation to ensure the human privileges of its residents, to stay away from respect killings, to make potential outcomes and open doors for the individuals worried to break free and to discover insurance, backing and help. The savagery might be diminished when these male-centric outlooks are tested. Some sort of progress both in inward and outside control technique in Indian culture, for example, financial conditions and stringent laws just as the autonomous monetary status of ladies, and fit for taking her own choices can be useful in decreasing the quantity of this well-established underhandedness in India.
This article is authored by Pragya Sonkhiya, student of B.B.A. LL.B at New Law College, BVP Pune
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