HONOR KILLING: A DOCTRINAL ANALYSIS OF HONOR KILLING UNDER THE CRIMINAL LAWS OF INDIA

Abstract:
One of the most horrific types of violence stemming from gender stereotypes
and outdated views of family honor are honor killings. It is defined as the murder of a person
(usually female) committed by family members or community groups who believe the victim
has caused shame and dishonour to their family/community through acts such as marrying
outside their caste, engaging in inter-religious relationships, or using independent choice when
deciding to marry. While the perpetrator may claim an obligation to uphold their community's
social standing, their justification is, in reality, a flagrant violation of human rights and a crime
against the law.
Honour killings are not listed as a separate offence under the Indian Penal Code.
however, they can be charged as murder or criminal conspiracy under existing legislative
provisions. Despite this, honour killings occur in many areas of India due to the social
restrictions, lack of enforcement of existing laws, and influence from rural community groups
(khap panchayats) with no legal authority. The judiciary has consistently decried the practice
of honour killing, noting that the Constitution of India guarantees autonomy to all individuals
regarding marriage.
This study involves a legal analysis of honour killing under the framework of Indian
criminal law, dealing with the relevant legal provisions and significant court cases relating to
honour killings as well as examining difficulties in dealing with and preventing honour killings.
The study also discusses the necessity for more robust legal and policy frameworks to properly
protect individual liberty and individual dignity. In conclusion, this research paper states that
Eliminating honor killing requires strong enforcement of legal prohibitions against honor.
killing as well as more comprehensive social reforms that eliminate patriarchal and caste-based
center-based views.