Honour Killings : Cultural Practices vs Legal Provisions

Author: Priscilla B, B. S. Abdur Rahman Crescent Institute Of Science And Technology

Abstract

Honour killings, though brutal and unlawful, are still defended by some under the disguise of cultural values. Across parts of India, these crimes often tend to persist as extreme responses to perceived damage to family honour, especially involving women. In most cases, the perpetrators are close family members who believe they are protecting their social standing.

In this article, I tend to explore how such acts are both culturally rationalized and legally contested in the Indian context. Drawing on real case laws and judicial precedents, I try to examine how the courts have responded when these crimes are brought up.

This paper reflects on honour killings from a human rights standpoint while aiming to evaluate whether existing legal provisions are sufficient to prevent such violence or if new legal frameworks are needed.

Keywords: Honour, Honour Killing, Murder, Killing, Culture, Cultural Crime, Unconstitutional, Illegal, Human right, Legal right, Victim, Law, Legal provision.

Introduction

The word “honour” is often spoken with pride, tied to values like respect, reputation, and social standing. But when that same idea is used to justify violence (especially against women) it turns deeply unsettling. The phrase “honour crime” itself is problematic as it suggests a sense of righteousness behind acts that are nothing short of the term “brutal”.

From what we see across India, honour killings are not random. They usually follow a pattern that is viewed as socially or culturally unacceptable. In cases like a daughter choosing her own partner, defying family traditions, or marrying outside of caste. In a highly patriarchal setup, such choices are treated not as personal rights, but as threats to family reputation and family honour which is viewed as more important than the women’s life. And that is why this ends in bloodshed.

While the Indian Constitution guarantees the right to life and personal liberty under Article 21, the reality is that social customs and unspoken community rules often overpowers these legal safeguards. Through this article, I want to explore how these two forces (i.e) law and culture interact, and where we need stronger clarity and reform to protect lives from being lost in the name of honour.

Literature Review

Before diving deeper, I felt it was important to see what others have said about honour killings, especially how cultural norms have been used to excuse or justify them. A lot of the academic work out there points to one thing: these killings aren’t just about tradition and are about control, power, and often, gender.

Many researchers highlight how honour killings come from deeply rooted ideas about how women should behave, and how stepping outside those boundaries by choosing a partner, marrying outside the caste, or rejecting family pressure can lead to violence. It’s shocking how often these actions are still seen as "dishonourable."

There’s also a fair amount of writing on how the law tries to step in and where it falls short. Some papers focus on legal remedies that already exist, while others argue that without stronger laws specifically targeting honour killings, justice is often delayed or denied. This review pulls together both sides: the cultural beliefs that keep the practice of “Honour Killing” alive, and the legal gaps that need attention.

Judicial Precedent in India

When it comes to honour killings, Indian courts have usually treated them under general criminal laws like murder or conspiracy but the cultural angle has always loomed large. While “honour” isn't a legal defence, judges have sometimes acknowledged its role in shaping the crime, especially in the earlier cases.

Take for example a Supreme Court case from Uttar Pradesh.: a man killed five people, including his sister’s husband, simply because the man belonged to a Scheduled Caste. The Court called it a “shameful caste-based honour killing.” Interestingly, though, the judges stopped short of awarding the death penalty, saying it wasn’t one of the “rarest of rare” cases. That decision stirred quite a bit of debate. Should caste prejudice reduce the severity of the punishment? Probably not.

But the tide has been turning. More recent judgments have made it very clear: no tradition or family honour can justify taking a life. One landmark case was the Manoj-Babli honour killing in 2010. The Karnal District Court sentenced five people to death and gave life imprisonment to a Khap Panchayat leader who orchestrated the killings. For the first time, a court directly held a Khap council accountable and declared their actions unconstitutional.

Another important case was Lata Singh v. State of Uttar Pradesh , where the Supreme Court called honour killings “barbaric and cold-blooded,” and even encouraged inter-caste and inter-religious marriages. That judgment was a big step forward when it showed that the law stands for individual choice, not community control.

More recently, in 2023, the Digambar v. State of Maharashtra case involved a man who killed his sister and her partner. The court acknowledged it as an honour killing and even considered it a “rarest of rare” case, but still chose life imprisonment over the death penalty.

All these cases point to a steady change in how honour killings are viewed: not as unfortunate family matters, but as serious violations of constitutional rights that deserve strict punishment.

Legal Provisions

One of the biggest challenges in tackling honour killings legally is that surprisingly India doesn’t yet have a law that specifically names and criminalizes them. But that doesn’t mean the law is completely silent. Instead, these crimes are usually dealt under broader provisions, like those for murder, conspiracy, and abetment.

Let’s start with the Constitution. It offers some of the strongest protections we have:

Article 14 promises equality before the law.
Article 15 bans discrimination based on caste, sex, or religion.
Article 21 guarantees the right to life and personal liberty.These rights are supposed to protect individuals who want to make their own choices like whom to marry. But in reality, social norms often overpower these rights, especially when family "honour" is at stake.

Then there's the new criminal code the Bharatiya Nyaya Sanhita (BNS), 2023 which replaced the old IPC. While it doesn't include a section called “honour killing,” it still treats such acts as serious crimes under its murder and conspiracy laws. So, if someone kills a relative over a relationship or marriage, they can be punished under:

Section 103 for murder (previously IPC Section 302),
Section 61 for criminal conspiracy,
and other related sections for abetment or of attempt.

The Bharatiya Sakshya Adhiniyam (BSA), 2023, which is the updated Indian Evidence Act, also plays a role. It helps courts consider the motive behind the crime and in honour killing cases, motive is often tied to family or caste-based prejudice.

Now, personal and social laws come into the picture too. The Special Marriage Act, for example, allows people from different castes or religions to marry which is exactly what many victims of honour killings were trying to do. The SC/ST (Prevention of Atrocities) Act also becomes important when the violence is caste-based like when a woman from a higher caste marries a man from a Scheduled Caste.

So, even though there's no single, tailor-made law for honour killings, the legal system does have tools to deal with them. The real issue? Those tools aren’t always used as effectively or consistently as they should be.

Suggestion

As a Law Student:

From what I’ve studied and observed, there’s no room for ambiguity here, honour killings are acts of murder, plain and simple. No culture, no tradition, no sense of family pride can justify taking a life. And the law needs to say that clearly and loudly.

Right now, India relies on general provisions under murder or conspiracy laws to prosecute these crimes. But that’s not enough. The absence of a dedicated law leaves too much open to interpretation and that can delay justice or even let perpetrators off the hook. I genuinely believe it’s time for a specific statute that calls out honour killings for what they are, including their unique cultural context and the collective complicity that often surrounds them.

Such a law could help courts, police, and communities better identify and address these crimes without hiding behind vague legal categories. It would also send a powerful message: that our society values individual freedom and condemns violence dressed up as tradition.

As a Citizen of India:

But law alone won’t fix this. We also need to shift how we think as a society. At the heart of every honour killing is a refusal to accept someone’s right to make their own choices, usually about who they love or marry.

We’ve got to support personal autonomy, especially for women. Families may feel fear or social pressure when someone steps outside the “expected” path but that doesn’t excuse turning to violence. If anything, what families need is understanding, not anger. Counseling or mediation could go a long way in helping families navigate their emotional reactions instead of responding with cruelty.

As a society, we have to ask ourselves: What kind of culture are we protecting if it allows honour killings to exist?

The idea that family dignity is more important than a human life must be rejected not only by courts but by communities, classrooms, and households.

Conclusion

In summary, honour killings are a grim reflection of how cultural perceptions of shame and family pride can lead to brutal violations of human rights. No tradition, custom, or belief system can morally or legally justify taking another person's life under the guise of protecting honour.

While Indian law recognizes the sanctity of life and personal liberty, the enforcement of these rights is frequently challenged by deep-seated social norms and patriarchal control. The absence of a dedicated legal framework specifically addressing honour killings allows many perpetrators to escape full accountability, often shielded by silence, complicity, or insufficient evidence.

To dismantle this dangerous practice, comprehensive legal reform is essential but so is societal transformation. It is only through combined legal, educational, and cultural efforts that India can hope to eliminate honour-based violence and affirm every individual’s right to live with dignity, autonomy, and safety.