SC Verdict on Honour Killing

Why in news?

Supreme Court in its recent verdict has upheld the choice of consenting adults to love and marry as a part of their fundamental rights.

What is the verdict?

• The judgment came on a petition filed by NGO Shakti Vahini to curb honour crimes.
• The court held that the consent of the family, community or clan is not necessary for marriage.
• This is to safeguard young couples under threat for marrying outside their caste or religion.
• The Court also issued a set of guidelines for the authorities, to stop interference by khap panchayats. (Click here for SC Guidelines)
• The guidelines issued by the Court will be in place till the government comes up with a law.

Why are khap panchayats a concern?

• Khap panchayats are the self-appointed village courts.
• Khap panchayats wield enormous influence in villages of several states if India.
• Honour Killings - They are often seen responsible for the growing number of honour killings in the country.
• They group against young couples to force their presence and dictate punishments.
• Sense of honour - These “feudalistic” entities have no reluctance in committing crimes.
• The "sense of honour" perpetuates the idea of not to marry outside one's caste, clan or religion.
• Masculine dominance becomes the sole governing factor of perceptive honour.
• The police turn a blind eye and the administration hardly questions them.
• Women - Women are treated by the khaps as servile persons who have no desire for autonomy.
• Their families are either silent spectators or active participants in their torture.
• To highlight the terror inflicted on women, the Supreme Court gave a list of actions which trigger honour-based crimes.
• They include

1. loss of virginity outside marriage
2. unapproved relationships
3. refusing an arranged marriage
4. asking for divorce
5. demanding custody of children after divorce
6. causing scandal or gossip in the community
7. even “falling victim to rape”

What are the Court's observations on this?

• The apex court ridiculed the “elevated sense of honour” of elders, the collective and khap panchayats.
• It observed honour killing that guillotines individual liberty, freedom of choice and one’s own perception of choice.
• The human rights of a person are not mortgaged to the so-called honour of the family or clan or the collective.
• Khap panchayats were condemned for their belief that their duty is sanctified and their action of punishing the hapless victims is inviolable.
• It termed the elders, presiding over murder in broad daylight, as “patriarchal monarchs”.
• The verdict thus comes down heavily on crimes committed in the name of honour.

Source: The Hindu