Honour Killing: Social Issue and Legal Response in India

Two adults choose to marry. Their families object. In some cases, the family or community kills one of them. People call this honour killing. It is murder. India has no single national law against it. So what does the law use instead? The answer comes from the courts.

1What Is Honour Killing?

• It is violence, often murder, by a family or community against one of its own members.
• The reason given is usually a marriage or relationship the family rejects.
• Caste, religion or gotra is often the cause.
• Khap panchayats and other informal groups sometimes order or support such acts.
• Legally, it is not a separate crime. It is treated as murder or conspiracy.

2How Did the Courts React Before 2018?

• Lata Singh v. State of U.P. (2006): the Court said an adult can marry whom they choose. Inter-caste marriage is not a crime.
• The Court called honour killings barbaric and said such killers should be punished severely.
• Arumugam Servai v. State of Tamil Nadu (2011): the Court condemned khap panchayats and wanted them stamped out.
• It told the States to act against those who threaten couples.
• These were strong words. But there was still no full set of rules for officials.

3What Did Shakti Vahini Decide?

• Shakti Vahini v. Union of India was decided on 27 March 2018.
• The Court held that two consenting adults need no one else’s approval to marry.
• Interference by a family, clan or khap violates Articles 19 and 21.
• The Court issued guidelines in three parts: preventive, remedial and punitive.
• Preventive steps include identifying districts where such crimes are reported and setting up special cells.
• Punitive steps include quick investigation and trial, with police held answerable for failure.
• These guidelines apply until Parliament makes a law.

4Is There a Law Against Honour Killing?

• The Law Commission’s 242nd Report (2012) proposed a legal framework with a draft Bill.
• No central law followed.
• On 6 August 2019, the Rajasthan Assembly passed a Bill against honour crimes.
• Reports say that Bill still awaits assent. So it is not yet in force.
• The Shakti Vahini guidelines fill the gap for now.

5Which BNS Sections Apply?

• The Bharatiya Nyaya Sanhita (BNS) replaced the IPC. It came into force on 1 July 2024.
• Murder was IPC 302. It is now BNS 103.
• Criminal conspiracy was IPC 120B. It is now BNS 61.
• BNS 103(2) covers a group of five or more who kill on grounds such as caste or community.
• That clause can apply when a group commits a caste-based killing. The punishment is death or life imprisonment.

6What Should You Remember for Exams?

Must Know

• No single national law exists.
• Shakti Vahini (2018) gave guidelines under Article 21.
• Murder and conspiracy law applies.

Good to Know

• The Law Commission’s 242nd Report came in 2012.
• IPC 302 is now BNS 103.
• IPC 120B is now BNS 61.

Great to Know

• Shakti Vahini is a ruling, not a statute (Trap).
• Rajasthan passed a Bill in 2019, but it is not yet in force (Trap).
• Lata Singh (2006) and Arumugam Servai (2011) came earlier (Trap).