Death Penalty for 'Honour Killings'
July 25, 2011 by SUNDERBAN LAW OFFICES Leave a Comment
The observations of the Supreme Court in the recent case of Bhagwan
Dass Vs. State (NCT of Delhi) - (2011) 6 SCC 396 – on the subject of
'honour killings' are serious and noteworthy. Observing that 'honour
killings' have become commonplace in many parts of the country,
particularly in Haryana, western UP and Rajasthan, the Court remarked
that often young couples who fall in love have to seek shelter in the
police lines or protection homes, to avoid the wrath of kangaroo
courts.
The Judgment delivered by Justice Markandey Katju, on behalf of the
bench comprising of himself and Justice G S Misra, aptly reflects the
circumstances prevalent in the society today. The Court observed:
"Many people feel that they are dishonoured by the behavior of the
young man/woman, who is related to them or belonging to their caste
because he/she is marrying against their wish or having an affair with
someone, and hence they take the law into their own hands and kill or
physically assault such person or commit some other atrocities on
them."
Making clear that such acts are wholly illegal, the Court threw light
on the limits and boundaries within which a person can act in such
circumstances:
"If someone is not happy with the behavior of his daughter or other
person, who is his relation or of his caste, the maximum he can do is
to cut off social relations with him/her, but he cannot take the law
into his own hands by committing violence or giving threats of
violence."
Reiterating that there is nothing 'honourable' in 'honour killings',
the Court harshly observed that "they are nothing but barbaric and
brutal murders by bigoted persons with feudal minds."
The Court, while observing that "It is time to stamp out these
barbaric, feudal practices which are a slur on our nation", declared
that:
"In our opinion honour killings, for whatever reason, come within the
category of the rarest of rare cases deserving death punishment."
"This is necessary as a deterrent for such outrageous, uncivilized
behavior. All persons who are planning to perpetrate 'honour' killings
should know that the gallows await them."
The Court has directed that a copy of the Judgment be sent to the
Registrars General/Registrars of all the High Courts, directing them
to circulate the same to all the Judges of the High Courts and to all
the Sessions Judges and Additional Sessions Judges. The Court has
further directed that the copies of the judgment be sent to Chief
Secretaries, Home Secretaries, DGPs, directing them to circulate the
same to all SSPs and SPs.
In view of the severe stand taken by the Supreme Court, both in the
nature of the observations made, and the directions given for wide
circulation of the judgment, one could expect harsher sentences for
people convicted of 'honour killings' in the future. However, it is
also time for the Government to enact a suitable legislation, to
specifically tackle this menace, which is fast becoming a serious
social concern.
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