RESEARCH PAPER
UNDERSTANDING AND ADDRESSING HONOUR-BASED VIOLENCE: A REVIEW OF LITERATURE.
ABSTRACT
By Amisha and Sania (1st year Law students at Manav Rachna University, Faridabad)Honour based violence is a sort of violence which is committed to protect or defend the honour by the member or non-member of the community. They are frequently associated with religions, tribes, castes and beliefs of people of various communities. This review of literature particularly aims to present an overview of honour-based abuse by defining the basic concept and characteristics associated with it. The review states that this kind of violence is founded predominantly in almost all the major and minor communities through out the world. It has its roots connected with the past beliefs and traditions followed in the human society. It is often associated with cultural norms, behaviour and roles of individuals within the specific community as well as individuals. The consequences of honour-based violence can be rigorous, ranging from physical harm to social disruption and many times ultimately to death also. Legal reforms and support services are needed in order to reduce such violence and also to safeguard the victims of honour-based abuse. Sensitive and appropriate responses should be developed against such violence. The scholars have identified the need for a more thoughtful society that is socially and culturally and is more concerned about healing this social sickness.
Keywords: Honour based violence, social abuse, social exclusion, social sickness and social stratification etc.
INTRODUCTION
Honour based violence is a sort of violence which is committed to protect or defend the honour by the member or non-member of the family or the community. They are frequently associated with religion, tribe, caste and beliefs of people of various communities. Many a time, a female member is the victim of such honour-based violence where she is killed or murdered by the male members of the community due to their staunch belief of being dishonoured by the victim i.e. the victim has caused harm to the reputation of the family or community by having relationships and associations of interfaith or inter-caste people. It is thought that honour killing stems from tribal traditions. Honour killings are often related with rural areas and tribal groups; however, they also occur in urban and developed cities as well. They are found in immigrant countries around the world and in countries where there is no culture that promotes genocide.
In cases, where the victim is a member of the family, the murders are executed due to the perpetrator’s belief that the victim has shamed and embarrassed the entire family. Some examples of such abuse are: physical abuse, depression, embarrassment, social exclusion, suicide and murder. Not only women, but also men are subjected to such violence where they are killed by the family of the female partner for having immoral affairs with the member of their family. Honour killings and violence are committed as a punishment for violating social, religious or hierarchical rules of the society. In many instances, honour killings are believed to be reasonable and braced by various communities throughout the world. Such perpetrators do not face negative stigma in their society as their crimes are condoned.
CAUSES
The most frequent causes of honour-based abuse are:
Conflicts of reputation, example; related to inheritance or loss of virginity before marriage;
Extramarital affairs;
Homosexuality;
Refusing for arrange marriage;
Disobeying the rituals and traditions of the community belief;
Dressing in a way not accepted by the family customs.
SOME RECENT CASES OF HONOUR-BASED VIOLENCE
1. June 1,2015, Bulandshahr: Mother arrested for killing her daughter
1Afroz, 20, from Abda village in Bulandshahr was killed by her own mother Rubina after she refused to give up her relationship with a boy. Afroz had been working for the Pulse Polio drive when the incident took place. On the fateful day, Rubina, alias Bano, got into an argument with Afroz regarding her romantic alliance with a boy. The argument led to Rubina slitting Afroz's throat with a knife. After receiving information on a police control room about a murder, police raided Rubina's house where they found Afroz's body.
2. April 10, 2015, New Delhi: 20-year-old youth crushed to death for loving a 16-year-old girl.2Sagar's rotting body was recovered by police from an isolated place in Sahibabad, after it was dumped there by the relatives of a minor girl with whom the victim had been having an affair for the past one year. Sagar had been beaten mercilessly by the girl's relative after her brother-in-law spotted them together. They then confined Sagar for some hours and took him to Sahibabad in their car where they crushed him under the wheels of the car while the girl kept pleading for mercy. All the accused have been arrested.
3. April 7, 2015 , Chandigarh: Bodies of couple dumped in suitcases
3Bahalgarh police received a call regarding two unclaimed suitcases lying in a park, located on the GT road in Sonipat district. When the suitcases were opened, police recovered the naked bodies of a man and woman dumped separately in the two suitcases. While the woman's body was intact and she wore glass bangles similar to those of a newlywed bride, the man's limbs had been chopped and disposed of in the suitcase. The police which is probing the crime is suspecting it to be a case of honour killing.
4. February 15,2015, Lucknow4: 16-year-old girl sexually assaulted and murdered
The police are looking into the possibility of honour killing in the murder case of a minor girl in Kotwali area of Gonda district. The fact that the girl's family did not inform the police about the murder made the police suspicious. The girl, who had left home to relieve herself, was found dead after half an hour. The girl's body was intact with no injury mark but tests confirmed sexualassault.
1 http://indiatoday.intoday.in/story/honour-killing-in-last-4-months-list/1/446177.html
2 http://indiatoday.intoday.in/story/honour-killing-in-last-4-months-list/1/446177.html
3http://indiatoday.intoday.in/story/honour-killing-in-last-4-months-list/1/446177.html
4 http://indiatoday.intoday.in/story/honour-killing-in-last-4-months-list/1/446177.html
5. February13,2015, Mathura5: Girl burnt to death by mother and brother
Neeraj Kumari's family was against her relationship with a youth from the same village, Ajay, and fixed her marriage with another person. As complications cropped up for the marriage, the mother and the brother first strangulated Kumari and then set her body on fire. The accused first tried to dissuade the police by saying that the girl had committed suicide. However, the girl's boyfriend told the police that he suspected the victim was first mercilessly beaten up and then set ablaze.
The well-known case of MANOJ and BABLI
Facts:6
Manoj and Babli were the victims of honour killing. They were in love with each other and the family members were not accepting them as they both belonged to the same clan. So, they decided to elope and got married to each other. The family members on knowing this got furious and found the victims. The family had taken the case to the khap panchayat who at first stated that any person who has contact with the victim would have to pay 25,000 and hence no person should contact them. After finding their whereabouts, the family had brought them before the khap panchayat who was also against the marriage just like the family. They gave the decision against the victim because the victims belonged to different caste. The decision was religious- caste based for the interest of the society. The khap panchayat was also the accused who involved in killing of the victim due honouring of the family. Relatives of babli were involved in the murder as babli's grandfather was the khap leader. Nevertheless, the victims were abducted and killed by them. Court Decision: However, when this matter went before the court of karnal district, they had sentenced five perpetrators who were involved in the murder to life sentence. This is the first honour killing case hitting as landmark judgment on giving life sentence to the accused of honour killing. The driver who involved in the abduction was sentenced to imprisonment of seven years. Honour killing is also considered as the most serious offence.7
Also, the judges have held in Lata Singh case8 that there is nothing "honourable" in honour killings, and they are nothing but barbaric and brutal murders by bigoted persons with feudal minds. In our opinion honour killings, for whatever reason, come within the category of the rarest of rare cases deserving death punishment. It is time to stamp out these
5 http://indiatoday.intoday.in/story/honour-killing-in-last-4-months-list/1/446177.html
6 https://www.legalserviceindia.com/legal/article-1014-honour-killing-in-india.html
7 [1] Smt. Chandrapati vs State Of Haryana And Others on 27 May, 2011.
8 https://www.legalserviceindia.com/legal/article-1014-honour-killing-in-india.html
barbaric, feudal practices which are a slur on our nation. This is necessary as a deterrent for such outrageous, uncivilized behaviour. All persons who are planning to perpetrate "honour" killings should know that the gallows await them".
SOLUTIONS TO HONOUR ABUSE
The issue of honour-based abuse is complex and requires a multifaceted approach to address. Here are a few potential solutions:
1. Education and awareness: One of the most important steps in combatting honor-based abuse is to increase awareness of the issue. This can involve education and training programs for communities, law enforcement, and service providers. By raising awareness of the harmful impacts of honour-based abuse and the legal consequences, we can empower individuals to recognize and report these crimes.
2. Support and resources: Victims of honour-based abuse often face significant barriers to seeking help, including fear of retaliation or isolation from their community. Providing victims with access to safe spaces, counseling, and other resources can help them escape abusive situations and start to rebuild their lives.
3. Legal reform: Many countries have already taken steps to criminalize honour-based abuse and provide legal protections for victims. However, enforcement of these laws remains a challenge, and some victims may not feel comfortable reporting abuse to the authorities. Ensuring that law enforcement officials are trained to recognize and respond to honour-based abuse can help increase accountability for perpetrators.
4. Community engagement: Ultimately, addressing honour-based abuse requires engagement with the communities where it occurs. By working with community leaders, religious figures, and other influencers, we can challenge harmful cultural norms and promote gender equality. This may involve community-based education programs, outreach campaigns, and other initiatives designed to shift attitudes and beliefs around honour, shame, and violence.
CONCLUSION THOUGHTS ON HONOUR KILLING
Honour-based killings are a horrific and tragic practice that must be eradicated. These murders are often driven by a desire to uphold cultural and religious traditions, but they have no place in a modern and just society. By raising awareness of honour killings and supporting efforts to end them, we can work toward a world where every person's life is valued and
protected. The prevalence of honour-based killings in some parts of the world is deeply concerning, and it highlights the urgent need for cultural and social change. However, it is important to note that honour killings are not exclusively a problem in certain countries or cultures - they can occur anywhere. In order to combat this violence, we must all work to challenge harmful attitudes and beliefs that contribute to the justification of these heinous crimes.
“IN THE NAME OF HONOUR KILLING, HUMANITY IS BEING MUREDERED.
THERE IS NO HONOUR IN KILLING.”
