CHAPTER - 1 INTRODUCTION 1. Honour Killing Killings and other crimes in the name of honour are still commonplace across the world. Such honour killings are defined as the murder of a family or clan member by one or mor e fellow family members, where the murderers (and potentially the wider community) believ e the victim to have brought dishonour upon the family, clan, or community. This perce ived dishonour is normally the result of (a) Utilizing dress codes unacceptable to the family (b) Wanting out of an arranged marriage or choosing to marry by own choice or (c) Engaging in certain sexual acts. These killings result from the perception that defence of honour justifies killi ng a person whose behaviour dishonours their clan or family. "Honour" crime involves violenc e, including murder, committed by people who want to defend the reputation of their family or community. Honour violence occurs worldwide, from South America to Asia. The exa ct figure of how many men and women have been killed in the name of 'honour' is unk nown. Not all countries keep official statistics and it's a crime that can be difficul t to detect. But it's believed that the number of deaths is in the thousands. In 2000, Asma Jahangir, a UN special rapporteur, reported that the practice of honour killings was growing. There is concern over a rise in 'honour suicides' in Turkey since the sentence for 'honour' killers incr eased in 2005. The tougher punishments may have inadvertently contributed to more female suicid es occuring at the instigation of men who want to avoid longer imprisonments.1 None of the world's major religions condone honour-related crimes. But perpetrat ors have sometimes tried to justify their actions on religious grounds. "Honour crime hap pens across the board in the Asian community," says Ram Gidoomal of the South Asian Developm ent Partnership. "People try to blame Muslims, Hindus or Sikhs but it tends to happe n in families where there are the strongest ties and expectations. It's a very strong cultural issue." Leaders of the world's faiths have also strongly denounced a connection between religion and honour 1 Retrieved from www.bbc.co.uk/ethics/honourcrimes, Honor crimes on 06/04/2011.
killings.2 In parts of northern India and even in Muslim-dominated nations, horr ific punishments in the name of honour ranging from rape to murder, are not uncommon. 2. Khap Panchayats The caste panchayat or the Khap is the body consisting of a few village fanatics . They believe that same clan marriages, i.e. intra-gotra marriages are incest and thus should be done away with. Khap panchayat imposes its writ through social boycotts and fines and in m ost cases end up either killing or forcing the victims to commit suicide. All this is done in the name of brotherhood and honour. It is due to the inherent weakness of the democratically elected Panchayati Raj institutions, Khap Panchayat have been powerful. There are variou s reasons for the Khap panchayat being powerful among them the most important one is that people do not know there rights and the law enforcing and protecting them. The caste panch ayats sit in judgement on matters of marital or domestic discord or on issues relating to lan d. Often, villagers give precedence to the judgement of a caste panchayat rather than that delivered by the legal panchayat -a constitutional body of men and women elected by villagers to decide local issues. While most such crimes go unrecorded, AIDWA warns that honour kill ings are on the rise in India. In Muzaffarnagar, the worst affected district of Uttar Pra desh, 13 cases of honour killings were reported in the first nine months of 2003, up from ten in 2 002. Some 35 couples were also declared missing during this period.3 CHAPTER-2 2 Retrieved from www.bbc.co.uk/ethics/hono www.bbc.co.uk/ethics/honourcrimes urcrimes on 06/03/2011. 3 Retrieved from www.hindustantimes.com on Honour killings on the rise in India: Women's group on 13/03/2011.
HONOUR KILLING IN THE INDIAN CONTEXT Honour killing is a social evil, still prevalent in India after 60 years of inde pendence. Not only does it disintegrate, but also shows that the people are still clinging to inappropriate societal norms which are a threat to the national prosperity. Nearly 70% of the nation resides in rural and semi-rural areas. When only a minuscule portion of the population i s enjoying the benefit of modernisation, science and rational thinking how can we term ourselve s as a great nation. Every five year a new Prime Minister and his council prepares a list tar gets, but why is it that nowhere it is ever mentioned to resolve the problem of honour killing . In India honour killing has got a deeper meaning and serves a different motive i n our villages. Honour killing is murder of womenfolk by family members, generally male, who are obligated by social pressure to remove stains on their family s honour. A woman ca n tarnish the family honour due to several reasons like refusing an arranged marriage, elo ping with her beloved, being the victim of sexual assault or just because she wants a divorce out of an unsuccessful marriage. This is not one of the predicaments which women in India face. There have been various other social evils such as sati prathan, burning of wife on her husbands pyre, child marriage, domestic violence, dowry killing, etc. The position of the Indian woman has always being in jeopardy. Many governmental and non-governmental organisatio ns have taken a step against each of them. In many cases they tasted success but it was still bitter. Similar is the case of honour killing. It is has been existing from time immemor ial in India but the number of cases reported are a handful. The reason is that in villages n obody wants to be a witness to the crime as they are frightened of being ostracized. It is gene rally the family members who commit the crime to remove the stain on their honour. The teenage br others of victims are frequently directed to commit the murder because, as minors, they wo uld be subject to considerably lighter sentencing if there is a legal action. Typically , they would serve only three months to a year. Honour killing is practiced or rather committed generally in areas related to di fferent castes. These killings are generally advocated by a panchayat which is formulated on the footing of castes. This violence is committed in the name of saving the "honour" of the com munity, caste or family," says a leading Indian women's group, the All India Democratic Women's Association (AIDWA) in a resolution passed in the Indian capital, New Delhi4.
4 Retrieved from www.hindustantimes.com, Honour killings on the rise in India: W omen's group on 10/03/2011.
In India, there has been a general aversion to accepting that crimes and killing s in the name of honour are carried out. In reality, however, honour crimes are routinely committ ed in the name of protecting one s familys honour. Although there are many forms of honour cr imes that are committed in the Indian context, this report focuses specifically on ho nour crimes committed in the name of caste honour, specifically in the northern states of Ha ryana, Punjab, Rajasthan and Uttar Pradesh. These crimes are often committed by self appointed caste or khap panchayats, which are public lynching, parading naked in the streets, rape, m
urder, forceful separation and divorce, shaving of heads and eating of human excreta an d drinking human urine, etc. All these crimes are committed by the unconstitutional entity called the caste panchayat. The caste panchayats or KHAP panchayat, commonly referred to as in the state of Haryana and western Uttar Pradesh, constitute of few villagers from the so-called elite caste who primarily deny intra-gotra marriage. These are all-male groups of self-proclaime d guardians of caste interests and honour which have the support of the richer sections and en joy political patronage. The caste panchayats function as a parallel judicial struct ure to which the elected panchayats are either subordinated to or co-opted by them. They are refe rred to as Kangaroo Courts; which are the sham legal proceedings and which are set-up in orde r to give the impression of a fair legal process. They basically oppose the intra-got ra marriages and are against modernisation. 1. Gotra Gotra is the lineage or clan assigned to a Hindu at birth. In most cases, the sy stem is patrilineal and the gotra assigned is that of the person's father. This is becau se after marriage the women become the part of the gotra of their husband. Marriages within the go tra ("swagotra" marriages) are banned under the rule of exogamy in the traditional m atrimonial system. People within the gotra are regarded as kin and marrying such a person i s regarded as incest. There have numerous cases on caste panchayat forcing divorce, lynchin g, taking away of the child, issuing a diktat, public humiliation, social boycott, raping, shaving of head, stripping and paraded in the village, etc. But hardly any of these cases have be en registered by the police. The khap panchayat makes sure not leave any evidence or witness. The fear of being ostracised prevents the villagers from coming forward and reporting the in cidents to the authorities. "Females in the family mothers, mothers-in-law, sisters, and cousins
couple, stripping and parading of the girl in the village, revenge rape and othe r forms of violence. Those who support the couple could also face punishment6 . The Union Home Minister, Shri P.Chidambaram in response to a Calling Attention N otice regarding increasing incidents of so-called honour killings and honour-related c rimes in the country and the role of self-proclaimed panchayats therein made the following st atement in the Rajya Sabha: Honour crimes are acts of violence, usually murder, mostly committed by family me mbers predominantly against female relatives, who are perceived to have brought dishon our upon the family. Honour killings are rooted in antiquated traditions and social value s. Since honour killing is not a crime classified separately under the Indian laws, no data is collected separately regarding this crime by the National Crime Records Bureau, and the sa me is covered under murder. Moreover, it is difficult to identify or classify an honour killing as such in any given community, since the reasons for such killings often remain a closely guarded private family matter. There is no separate law to deal with the crime o f honour killing, and such crimes are dealt with under the provisions of the Indian Penal Code and are investigated and prosecuted as offences under the IPC/Cr. P.C. Police and Public Or der are State subjects under the Constitution. The responsibility for dealing with e nforcement of the laws pertaining to these two subjects, including prevention, registration, d etection, investigation, prosecution and punishment of crimes against women, lies with Sta te Governments.7 This report will primarily focus on the north Indian states of U.P. , Haryana, Punjab and Rajasthan. frequently support the attacks. It's a community mentality," said Zaynab Nawaz, a program assistant for women's human rights at Amnesty International.5 In Muzaffarnagar district of UP, notorious for such violence, two young persons were, on an average, killed every month for inter-caste relationships in the first six month s of 2003 and 35 couples were declared "missing". It is estimated that around 10 per cent of all murders in Punjab and Haryana are honour crimes. The violence includes public lynching of the 5 Retrieved from www.news.nationalgeographic.com, Thousands of women killed for f amily honor on 11/04/2011. 6 The Times of India, 14 April 2004. 7 Retrieved from www.indialawyers.wordpress.com, HOME MINISTER S STATEMENT IN THE RAJYA SABHA ON HONOUR CRIMES, 28/07/2009 on 12/04/2011.
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Reasons/ Types: The major causes for honour killings in India are: 2.1 Honour killings for choosing a marriage partner Family members in almost all villages of Haryana, Punjab, Uttar Pradesh and Raja sthan believe it to be against the societal norms if the female member of the family c hooses her own spouse. They take this independence of the woman as a stain on their family honour. 2.2 Honour killings of women seeking divorce Women are also killed in the name of honour when they seek a divorce through a unsuccessful marriage. In most villages people take it a matter of great shame i f a couple has to seek a divorce and thus, the image of the family goes down in the society. 2.3 Honour killings with those who were raped When a woman has been raped she has already gone through turmoil and to make thi ngs worse she is killed either by her family or her community. It is considered a wr ong on the part of the woman who got rape as it is considered that she should have known her pla ce and shouldnt had come between men. 2.4 Fake honour killings because of bringing insufficient dowry Dowry is basically the money and property brought by the woman to her husband at marriage. Dowry system is another social evil which is much in practice. When a poor family of the girl is unable to pay the high demands of dowry by her in-laws, she is ri diculed and sometimes killed in the name of honour. Dowry is considered a tradition, failing to abide by which, leads to discrimination. 2.5 Honour killing for reporting domestic violence Women who report domestic violence to any authority are killed in the name honou r. This is because women are expected to bear with whatever humiliation the in-laws cause h er silently.
2.6 Killed for saving honour after death of husband After death of the husband, families kill women because they feel that the famil y honour will be tarnished when she will remarry someone else. 2. Honour Killings by Khap Panchayats In the Hoshiarpur district of Punjab another case of brutal honour killing was r eported in 2004. Geeta, a young Rajput woman married had married Jasveer a man from Jat Sik h community. Her husband was killed by her community two months after her marriage , his arms chopped off and thrown into his home as a gruesome message that caste-defin ed laksman rekhas are not to be broken. But at least she survives. In addition, in the last few There have been cases where police intervention was not much help either. In one of the cases the villagers lynched a man for marrying a girl of the same gotra as his o wn. Ved Pal was lynched by residents of his wife's village, Singhwal, near this town of Hary ana's Jind district, 160 km from Chandigarh. Although there were policemen accompanying the victim and the court warrant officer, but the villagers surrounded the victim, who trie d to escape, and lynched him. Ved Pal had married Sonia, 18, in March this year against the wishe s of her family. Her family and villagers opposed the marriage saying that both belonged to the same 'gotra' (clan) and were hence brother and sister.8 In another case the khap panchayat went to the extent of abducting the baby from the married couple and were told to forsake their marriage vows and regard each other as bro ther and sister. In the mean while the baby was given to two families in the space of a f ew days to prevent its parents from learning about its whereabouts and claiming their child . The panchayat head said that the marriage was illegal and was against the social nor ms. The husband's family had also been fined Rs 65,000 for violating social norms and tr aditions, adding that the money would be used to bring up the child. And from the illegal to the absurd, the wife was forced to tie a rakhi -a thread symbolising the bond between brothe r and sister to her husband, accepting him as her brother.9 8 Retrieved from www.indianexpress.com, Till Khap Panchayats do them part on 13/03/2 011. 9 Retrieved from www.infochangeindia.org, Haryana caste panchayat separates coupl e, abducts baby on 13/03/2011. 7
undergoing treatment. The victims were living under the threat of the khap panch ayat and the district administration was not able to provide appropriate protection to them.1 1 In similar incident in Agra, a nineteen year old girl, Gudiya along with her phy sically challenged lover Mahesh were brought back to the village after two days of escap e and were hacked to death. There body parts were burnt and thrown in a drain. Their crime was they married against the social norms. The village elders had declared their marriage incest and had asked them to put an end to it.12 Nineteen-year-old Poonam was thrown into a canal by her Jat relatives in January this year, for marrying a Dalit boy. Fortunately, Poonam was rescued. In August last year, 24-year-old Ramesh was tied to a tractor and dragged around a village in Gujarat, before bei ng hacked to death all because he eloped with a girl from his neighbourhood. Honour killing i s a step resorted to in some Muslim countries too.13 In a conference/consultation hosted by AIDWA on the caste panchayat issue in New Delhi, chaired by Brinda Karat and Jagmati Sangwan many people who had been victimised by the inhumane caste panchayat narrated their versions of suffering. Rohtas Kumar from Jhajjar in Haryana. Rohtas Kumar, a Dalit, explained how his community was ostracised and humiliated by upper-caste Jats after two Jat girls eloped with a Dalit youth. He said that though it was clear to everyone that the girls had eloped on their own, a case o f kidnapping was registered. The village remained tense as the caste panchayat of Jats announ ced a public years the spread of the politics of religious intolerance has been reflected in violence against own choice marriages when the couples belong to different religious communities. 10 In another incident, the Kadyan Barha k hap panchayat asked Ravinder Gehlout of Dharan village in Jind district to divorce Shilpa Kadyan as their marriage was in viola tion of social norms. When the bride s parents rejected this verdict, the panchayat issued a dikt at to the family to leave the village within 72 hours. Later Ravinder attempted suicide an d is now boycott of Dalits. Essential supplies were denied to Dalits and they were preven ted from 10 Retrieved from www.sacw.net, India: Price of Honour -Caste Panchayats as Instrum ents of Terror on 13/03/2011. 11 Retrieved from www.thehindu.com, NHRC notice to Haryana over caste panchayats
on 13/03/2011. 12 Retrieved from www.europe-solidaire.org, Caste Panchayats Getting Away With M urder, 13/01/2011. 13 Retrieved from www.ibnlive.in.com, Honour crimes not uncommon in India on 15/ 01/2011. 8
girl was forced to consume poison after being denied the right to get married to a boy of her choice. The boy, on the other hand, left the village along with his family, fear ing reprisal. Raj Narayan, from Bhawanipur district in Uttar Pradesh, narrated how his brother 's wife was gang-raped and burnt to death by influential people belonging to the Yadav commu nity of the same village, in a case of revenge. Her crime was that her son had eloped with t he wife of one of the Yadavs. Raj Narayan, who belongs to the barber community, said that the Y adavs forced all the male members of the family to search for the couple and then in t heir absence assaulted his sister-in-law, Sia Dulaari. Since her house was locked from outsid e, the Yadavs, who shared a common wall, scaled it at night and raped her. Despite being told a bout Sia Dulaari's plight, the Station House Officer refused to do anything, he alleged. Zareena, secretary of AIDWA's Uttar Pradesh unit, said that while such incidents occurred in various parts of the State, Muzaffarnagar district accounted for the majority of them. S he said that revenge rape, public killing and lynching were prevalent and several murders pas sed off as suicides.14 In another case in Haryana, in the village of Assanda, the village panchayat iss ued a Diktat declaring that the two should annul their marriage and declare themselves brothe r and sister. The village panchayat made Rampal, the husband, sign an agreement to this effect after threatening him and his family with dire consequences if he refused to accept th e panchayat's decision. Rampal has told the media that he was forced to sign the divorce papers and acce pt Sonia as his sister by Naresh Sharma, sarpanch of a neighbouring village, and his associa tes. The sarpanch, who led the group to Sonia and Rampal's house, told them about the 'pa nchayat's fatwa' and threatened to kill Rampal and his family if he did not comply with th e decision. 14 Retrieved from www.islamawareness.net, Murder for `honour' on 16/04/2011. 9 drawing water from the village well. Rohtas Kumar, who opposed such measures, wa s publicly flogged and had to pay a fine. "It was a choice between getting killed and facing humiliation," he said. More important, the girls who returned to the village die d in suspicious circumstances. Prolonged harassment forced two Dalits, one woman and one elderly person, to commit suicide. From Badali Meham village in Rohtak district, Haryana, Kulbhushan Arya narrated how a
"Since the threats were severe, my relatives also compelled me to accept the dec ision in the interests of the community," Rampal says. When Sonia refused to accept the situa tion, Rampal's sister Sheila was abused and manhandled by the sarpanch. No action has been taken against the guilty, nor has a case been registered agai nst them, says Brinda Karat, general secretary of the AIDWA. The association hopes the NHRC's intervention will lead to measures to stop "unacceptable" decisions by caste pan chayats and eventually result in legislation to deal with such crimes.15 The following table has been formulated by the Peoples Union for Democratic Righ ts (PUDR), a civil liberties and democratic rights organisation based in Delhi, Ind ia.16 The table shows the number of incidents where the illegal caste panchayat has intervened i n the enjoyment of rights of the people and gone against the law. 15 Retrieved from www. infochangeindia.org, Women's group seeks NHRC interventio n on caste panchayat decisions on 18/04/2011. 16 COURTING DISASTERS , A report on Inter-caste marriages, society and state, Peopl es Union for Democratic Rights (PUDR), August 2003.
11 One can easily see the failure of implementation by the regulating authority. Th e police have 11 PRICE FOR LOVE Date Place Girl's Caste Boy's Caste Fate of Couple Action Taken 10.99 Ismaila Village, Rohtak, Haryana Jat Lohar Killed by girl's family. Joined by the Lohars. Rohtak Balmiki (PostGraduate) Jogi Eloped to Sonipat to marry in court. CM informed girl's parents. Couple's lawyer forced to withdraw application. Threatened with case of abduction. 11.1999 Chandigarh, Punjab. (Hailed from Jandiala Village, near Amritsar.) Jat Sikh Balmiki Sikh Boy shot dead by girl's brother & girl swallowed poison. Girl's brother arrested. 5.2000 Hardoi dist., UP Upper caste Dalit Girl's family killed four members of boy's family. 3.2001 Muzzafarrnagar, UP Kureishi (doctor Pathan Girl hacked to death & boy shot dead by girl's brother. Girl's brother
surrendered. 4.2001 Tarn-Taran, Amritsar, Punjab Jat Sikh Dalit Couple committed suicide by swallowing poison. 6.2001 Bharatpur, Rajasthan Gumbar Jat Suicide by swallowing poison 8.2001 Alinagar Village, Muzzafarnagar, UP Jat Brahmin Hanged to death by both families. 7 arrested 7.2002 Talao Village, Jhajjar, Jat Dalit Girl committed suicide. Boy in jail Magisterial inquiry PRICE FOR LOVE Date Place Girl's Caste Boy's Caste Fate of Couple Action Taken 10.99 Ismaila Village, Rohtak, Haryana Jat Lohar Killed by girl's family. Joined by the Lohars. Rohtak Balmiki (PostGraduate) Jogi Eloped to Sonipat to marry in court. CM informed girl's parents. Couple's lawyer forced to withdraw application. Threatened with case of abduction. 11.1999 Chandigarh, Punjab. (Hailed from Jandiala Village, near Amritsar.) Jat Sikh Balmiki Sikh Boy shot dead by girl's brother & girl swallowed
poison. Girl's brother arrested. 5.2000 Hardoi dist., UP Upper caste Dalit Girl's family killed four members of boy's family. 3.2001 Muzzafarrnagar, UP Kureishi (doctor Pathan Girl hacked to death & boy shot dead by girl's brother. Girl's brother surrendered. 4.2001 Tarn-Taran, Amritsar, Punjab Jat Sikh Dalit Couple committed suicide by swallowing poison. 6.2001 Bharatpur, Rajasthan Gumbar Jat Suicide by swallowing poison 8.2001 Alinagar Village, Muzzafarnagar, UP Jat Brahmin Hanged to death by both families. 7 arrested 7.2002 Talao Village, Jhajjar, Jat Dalit Girl committed suicide. Boy in jail Magisterial inquiry
Like in the case of Ved Pal, who had gone back to his in-laws place to collect h is wife, despite there were at least 15 policemen accompanying the victim and the court w arrant officer but the villagers surrounded the victim, who tried to escape, and lynche d him. The accompanying policemen fled from the spot with the court officer.17 In another case there were more than 500 policemen protecting a dozen members of the Gehlawat family in Dhrana village of Jhajjar district. They were being shielded against their own neighbours, who had asked them to leave the village, as their son Ravinder h ad dared to marry a girl of his own gotra. Despite the presence of a huge police continge nt and regular assurances from the district administration, the family was still jittery. A 72 hour deadline had been given to the family to leave the village.18 17 Retrieved from www.timesofindia.com, Haryana youth beaten to death for marryi ng girl of same clan, 19/04/2011. 18 Retrieved from www.indianexpress.com, Haryana panchayat takes on govt over sa me-gotra marriage on 19/04/2011.
CHAPTER-3 LAWS BEING VIOLATED · Special marriage act, 1954 · The Protection of Human Rights Act, 1993 19 Article-21, Constitution of India 20 Article-15, Constitution of India 21 Article-14, Constitution of India The caste panchayat or the Khap panchayat are the non-constitutional bodies who are working as parallel judicial authority against the welfare of the people and in turn are doing a great harm to the nation. It violates the following Indian laws: · Rights to Freedom, Right to equality, Right against Discrimination on the basis of caste, colour, sex and creed. The Constitution of India provides No person shall be deprived of his life or per sonal liberty except according to procedure established by law. 19 It also provides against the discrimination on the basis of on grounds of religion, race, caste, sex or place of birth.20The constitution also gives the equality before law21 as a fundamental right to its people. · Indian majority act, 1875 (Section-3) In cases where the Khap panchayat has forcefully separated a married couple who are of eligible age to get married, amongst others it is a violation of the provisions under this act. · Hindu marriage act, 1955
The actions of the Khap panchayat are a complete violation of human rights. For this purpose this act was formulated in 1993 so as to give relief to the victims of such viol ations. But it has not been much of help in removing the grievances of the victim. 1. Case Law There have been only few cases where the victim(s) or their family came forward and filed a case in the courts. The reasons for this can be numerous. One can say that the l ack of education among people or maybe the lacking of knowledge of their basic rights. In some newspaper reports people have said that they are scared of being boycotted and r idiculed by the villagers in case they went up front and reported such incidents. In one of the cases filed Lata Singh vs. State of U.P. and Ors. the petitioner, Lata Singh, married off he r own free will but this was unacceptable by her brother and other family members. Therefore the y filed a false case of criminal kidnapping against the petitioner s husband and family. But the high court filed a writ petition and the petition was allowed. There has been a Publi c Interest Litigation filed in the Punjab and Haryana High Court by Advocate Tejinder Singh Sudan from Lawyers for Human Rights International (Regd.) asking for the issuance of w rit Mandamus or any other writ, order or directions so that the decisions of the Kha p panchayat of Haryana, which are against the spirit of the Constitution of India and that t he case of lynching of Ved Pal Mor resident of village Mataur of Kaithal district be ordere d to be investigated by a Special team headed by a Senior IPS officer and that the inves tigation be supervised by the Hon ble high court.
CHAPTER-4 HONOUR KILLING IN THE GLOBAL CONTEXT Honour killing, an ancient tradition, is still being sometimes observed. Honour killing is when a male member of the family kills a female relative for tarnishing the family im age.22 1.United Nations: Looking at it from the international perspective The United Na tions Population Fund (UNFPA) estimates that the annual worldwide total of honour-kill ing victims may be as high as 5,00023 . 1.1Jordan: Kifaya, a Jordanian girl of 12, was intelligent and full of curiosity . But when she returned home one evening from a walk in the neighbourhood with some friends, she was confronted by her enraged father. Shouting that she had dishonoured the entire family, her father proceeded to beat Kifaya with sticks a nd iron chains until she was dead. He told police he killed his only daughter because sh e went for walks without his permission. About the same time, Hanan, 34, was shot dead by her brother for the "crime" of marrying a Christian. Her brother left her body in the street and smoked a cigar ette while he waited for the police to arrive. Every year between 25 and 50 women and girls are the victims of "honour" killings in Jordan.24 1.2Turkey: In turkey a new trend has emerged. Instead of the family members killing the female for bring dishonour upon the family reputation, they simply pressurise woman to kill herself; this may be done so that the people avoid pena lties for murdering her. For Derya, a waiflike girl of 17, the order to kill herself c ame from 22Retrieved from www.wordwebonline.com on 27/04/2010. 23 Retrieved from www.unfpa.org, A Human Rights and Health Priority. United Nati ons Population Fund(UNFPA) on 27/04/2011. 24 Retrieved from www.unfpa.org, A Human Rights and Health Priority, Box 20: Two 'Honour' Killings in Jordan, Halaby, J. 20 March 2000. "Two Women, One Girl Slain in Honour Crimes in Jordan." Associated Press. United Nations Population Fund(UNFPA) on 27/04/2011.
an uncle and was delivered in a text message to her cell phone. You have blackene d our name, it read. Kill yourself and clean our shame or we will kill you first. As the number of threat messages kept on increasing she was consumed by shame and fearing for her life, she said, she decided to carry out her family s wishes. Firs t, she said, she jumped into the Tigris River, but she survived. Next she tried hanging herself, but an uncle cut her down. Then she slashed her wrists with a kitchen k nife. Every few weeks in Batman and the surrounding area in southeast Anatolia, which is poor, rural and deeply influenced by conservative Islam, a young woman tries to take her life. Others have been stoned to death, strangled, shot or buried alive. The ir offenses ranged from stealing a glance at a boy to wearing a short skirt, wantin g to go to the movies, being raped by a stranger or relative or having consensual sex. H oping to join the European Union, Turkey has tightened the punishment for attacks on women and girls who have had such experiences.25 1.3Germany: In 2005 Der Spiegel magazine reports that in the past four months, six Muslim women living in Berlin have been brutally murdered by family members, and goes on to cover the case of Hatun Sürücü -killed by her brother for not staying with her husband of forced marriage, but of 'living like a German'. Precise stat istics on how many women die every year in such honor killings are hard to come by, as man y crimes are never reported, said Myria Boehmecke of the Tuebingen-based women's group Terre des Femmes which, among other things, tries to protect Muslim girls and women from oppressive families. The Turkish women's organization Papatya has documented 40 instances of honour killings in Germany since 1996.26 A 21-yea rold man of Syrian origin was sentenced to 14 years behind bars Tuesday after a c ourt in Germany found him guilty of shooting dead his cousin in a so-called "honour killing." The man, identified only as Ezzedin A., along with his 48-year-old unc le, shot the 20-year-old woman in a motorway lay-by in August, the court in Hagen, western Germany, ruled. "The court found that the motive for the act was the wes tern lifestyle of the victim, which the rest of the family rejected and saw as a stai n on their honour," the court.27 25 Retrieved from www.nytimes.com, "How to Avoid Honor Killing in Turkey? Honor Suicide". The New York Times on 27/04/2011. 26 Retrieved from www.spiegel.de, "The Whore Lived Like a German". Der Spiegel, Ger many on 27/04/2011 27
Retrieved from www.vancouversun.com, Cousin jailed for 14 years for German 'hono ur killing' on 27/04/2011. 16
1.4 Britain: According to a survey done on some odd 500 Sikhs, Christians, Hindus, and Muslims in Britain a 10th said they would condone the murder of someone who disrespected their family's honour. Figures show 13 people die every year in honour killings, but police and support groups believe it is many more.2 8 Azhar Nazir, 30, and his cousin, 17, used four knives to cut Samaira Nazir s throat and repeatedly stab her after she fell in love with an asylum-seeker from what they saw as an unsuitable caste. Miss Nazir, 25, had rejected suitors lined up to meet her i n Pakistan and had been summoned to the family home in Southall, Middlesex. The father, also called Azhar, Nazir and the youth launched the attack and at one po int dragged her by her hair back into the property.29 1.5Pakistan: In the neighbouring countries to India women have a similar fate. According to the non-governmental Human Rights Commission of Pakistan (HRCP), 286 women were reported to have been killed for reasons of honour in 1998 in the Punjab alone. The Special Task Force for Sindh of the HRCP received reports of 1 96 cases of karo-kari killings in Sindh in 1998, involving 255 deaths. The real num ber of such killings is vastly greater than those reported.30 In 2006, a 14-year-old Pa kistani girl was kidnapped and shot by her relatives who accused her of having sex with a young man. Perhaps, the most well known victim of an honour crime is Mukhtaran Bibi, a Pakistani woman raped by the more influential tribesmen in her village. It was meant as payback because her 12-year-old brother was accused of raping an older woman of the powerful clan, a charge that was never proved.31 1.6Saudi Arabia: The internet is among other things is another reason for honour killings, especially in Saudi Arabia. The numbers of social networking sites wit h easy access have become a more of bait for women who avail from a comparatively conservative background. In Saudi Arabia a young girl was beaten and shot by her father because she was found chatting on facebook, a social networking website.32 In another case A Saudi woman has been sentenced to 200 lashes and six months in prison after she was the victim of a gang rape. 28 Retrieved from www.news.bbc.co.uk, 04/09/2006 on 07/01/2011. 29 Retrieved from www.timesonline.co.uk, Sister is stabbed to death for loving th e wrong man on 28/04/2011. 30 Retrieved from www.amnesty.org, PAKISTAN: HONOUR KILLINGS OF WOMEN AND GIRLS o n 28/04/2011 31 Retrieved from www.ibnlive.in.com, Honour crimes not uncommon in India, 29/04 /2011. 32 Retrieved from www.telegraph.co.uk, Saudi woman killed for chatting on Faceboo k on 29/04/2011.
The sentence against the 19-year-old Shia woman from Qatif, in the Eastern Provi nce of the country, was passed because she was in the car of a man who was not a relati ve at the time of the attack, which contravened strict Saudi laws on segregation.33 2. Violation from International Perspective 2.1 Universal declaration of Human Rights This declaration has given certain rights to the people all over the world. The acts of the caste panchayat are a violation of the Article-134 which states that All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood, Article-235 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, suc h as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a pe rson belongs, whether it be independent, trust, non-self-governing or under any other limitati on of sovereignty, Article-336 Everyone has the right to life, liberty and security of person, Ariticle537 No one shall be subjected to torture or to cruel, inhuman or degrading treat ment or punishment, Article-638 Everyone has the right to recognition everywhere as a pe rson before the law and Article-739 Everyone has the right to recognition everywhere as a pe rson before the law. 2.2 International Convention on the Elimination of All Forms of Racial Discrimination (CERD) The cases where the caste panchayat have intervened and made void the marriage o f any couple who willing went into wedlock are the violation Article-5, Clause (b)40 T he right to security of person and protection by the State against violence or bodily harm, whether 33 Retrieved from www.telegraph.co.uk, 200 lashes for Saudi gang rape victim on 30 /04/2011. 34 35 36 37 38 39 40
Retrieved Retrieved Retrieved Retrieved Retrieved Retrieved Retrieved
from from from from from from from
www.un.org on 23/04/2011. www.un.org on 23/04/2011. www.un.org on 23/04/2011. www.un.org on 23/04/2011. www.un.org on 23/04/2011. www.un.org on 23/04/2011. www.2.ohchr.org on 24/04/2011.
inflicted by government officials or by any individual group or institution and Clause (d) (iv)41 The right to marriage and choice of spouse. 2.3 Convention on the elimination of all forms of discrimination against women (CEDAW) Article-16 Clause (1) Sub-clause (a)42 The same right to enter into marriage, (b )43 The same right freely to choose a spouse and to enter into marriage only with their free and full consent are being violated by the illegal decisions of Khap panchayat. 2.4 International Covenant on Civil and Political Rights (ICCPR) Article-23 Clause (1)44 The family is the natural and fundamental group unit of society and is entitled to protection by society and the State, (2)45 The right of men and wome n of marriageable age to marry and to found a family shall be recognized, (3)46 No ma rriage shall be entered into without the free and full consent of the intending spouses, are also violated by the Khap Panchayat s illegal speedy justice. CHAPTER-5 CONCLUSION 41 42 43 44 45 46
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on on on on on on
24/04/2011. 24/04/2011. 24/04/2011. 25/04/2011. 25/04/2011. 25/04/2011.
Although all of these reasons exist, in the 4 states of Haryana, Punjab, Uttar P radesh, Rajasthan honour killings often take place due to specific reasons. Majority of the honour killings are committed for the reason of marriage, especially marriages against the societal norms. In these states the reason for many recent killings is the intra-gotra ma rriages or intercaste marriages. There is an unrecognised, self proclaimed decision making entit y at par to the village panchayat called the case panchayat or the Khap panchayat which is s anctioning these killings in the name of honour. A caste panchayat is a self-proclaimed bod y consisting of village elders or the elite," explains AIDWA general secretary Brinda Karat. "Women are excluded from the body," she says. The Union Home Minister Shri P.Chidambaram in the Rajya Sabha said that the Government of India is deeply concerned about violence against women and recognizes that real progress can only be made by addressing the cause s that are rooted in anachronistic attitudes and false values. More efforts need to be made through educational and awareness campaigns in the communities and through sensitization of law enforcement agencies. He further enunciated on the previous steps taken by the g overnment to curb violence against women like the Domestic violence Act, which had been en acted in 2005. He proposed to: 1. sensitize police officials charged with the responsibility of protecting wome n; 2. Vigorously enforce the existing legislations; 3. Set up women police cells in police stations and exclusive women police stati ons; 4. provide institutional support to the victims of violence; 5. Provide counselling to victims of rape; 6. ensure wider recruitment of women police officers; 7. Train police personnel in special laws dealing with atrocities against women; 8. Appoint Dowry Prohibition Officers and notify Rules under the Dowry Prohibiti on Act, 1961; 9. Sensitize the judiciary and police and civil administration on gender issues; and 10. Follow up reports of cases of atrocities against women received from various sources, including NCW, with authorities concerned in the Central and the State Governmen ts.
He further welcomed a nationwide consultation and discuss on how to prevent such crimes.47 Much has been written and said about the issue of Khap Panchayats by intellectuals and academician but there has always been a lack of any initiative to dissolve Khap P anchayats or call these illegal on the part of Government. Not even a single leader has ev er stood against (forget about the standing against this system, many local leaders of congress a nd other parties have glorified acts of Khap Panchayat) this cruel system, which may be bec ause of Governments own petty political reasons. Another thing, why all these killings ar e clubbed together in the list of murders, if we can have separate laws for Sati and Dowry then why cant we have separate special laws to handle these Khap Panchayats ? There is a strong need of active participation of everyone including NGOs, polic e, Panchayat bodies and serious/strong laws (not merely paper tigers!) against the crimes of K hap Panchayat. 47 Retrieved from www.indialawyers.wordpress.com, HOME MINISTER S STATEMENT IN THE RAJYA SABHA ON HONOUR CRIMES on 12/04/2011.
