In this post we will talk about an order by Haryana High Court for delay in disposal of honour killing case and the actions of courts in this matter along with touching some information on the topic of honour killing
PHHC asks to furnish reports on Honour Killing Cases.
High court seeks report for delay in disposal of Honor killing cases, order to 7 Haryana judges.
This post deals with matter regarding the order by Haryana High Court for delay in disposal of honour killing case and the actions of courts in this matter along with touching some information on the topic of honour killing
Recently The Punjab and Haryana High Court asked seven District and Sessions Judges to furnish reports on the causes of delay in disposal of honour killing cases. The reports are required to state, among other things, action taken against prosecution witnesses not attending court without lawful excuse and action taken against police officials for non- execution or non-return of the court process.
Justice Arun Kumar Tyagi directed the High Court Registry to ask the District and Sessions Judges of Kaithal, Hisar, Rohtak, Karnal, Bhiwani, Sirsa and Sonepat to send their reports in time so as to reach this court before the next date of hearing.
Circumstances leading to the order.
The bench of Justice Arun Kumar Tyagi sought details while hearing a matter of honour killing which was brought to high court after plea for bail by Ravi Kumar and shahab ram, who have been booked for the murder of Dharambir, husband of sunita Rani at Batts Kalan police station, fatehabad District. The FIR regarding abduction of sunita rani and Dharambir was lodged by Rai singh in June 1 2018, dharambir was subsequently murdered by the person abducted him. Its to be noted that Justice Tyagi in processing of similar case asked details regarding details of pending honour killing cases in Haryana to director General of police Haryana. Court asked the reports before 23 February 2021 which the next date of hearing. Justice Tyagi also extended the interim bail of 2 among the 12 accused in the honour killing case.
Honour killing in India
Honour Killing or Shame Killing is the murder of a member from the family, due to the executioner belief that the victim has brought shame to their family or has brought dishonour to their family. The victim has also violated the principles of their community or religion, usually for various reasons like-divorcing or separation from either of the spouse, refusing to enter into an arranged marriage, being in a relationship that has disapproval by their family or community or religion, having premarital or extramarital sex, becoming the victim of rape or sexual assault, dressing in such a way which is inappropriate, or denial a faith.
Over time, honour killings have become deeply rooted and prominent in various parts of the world. If we talk about India honour killings have been reported in northern regions of India, mainly the states of Punjab, Rajasthan, Haryana, and Uttar Pradesh. In contrast, honour killings are less prevalent but are not completely non-existent in South India, Maharashtra and Gujrat.
These killings are reported only under two categories:
.Murder (Section 302 of Indian Penal Code)
.Culpable Homicide (Section 304 of Indian Penal Code)
Due to this most of the killings are unreported or reported as murder. Thus there is no proper statistics for these killings.
PREVENTIVE MEASURES AGAINST HONOUR KILLING BY GOVERNMENT
The issue of honour killing for the first time was heard in Parliament in 2009. The Rajya Sabha went into discussions on this issue. In July 2009, the members in the parliament demand for separate laws for honour killing. In March 2010, there was a landmark judgement in Manoj and Babli honour killing case by Karnal District Court which gave life sentence to Khap Panchayat head for ordering killings. The judge has stated that Khap Panchayat has functioned contrary to the constitution and took laws in its hands.
The issue was later referred to Law ministry, which gave certain recommendations in
2010 The IPC and certain other Amendment Bill 2010. This flawed understanding resulted in dealing only with crimes of honour related to murders and not tortures faced by young couples.
In August 2010, the legal cell of All India Democratic Women’s Association in consultation with other women’s organization drafted a comprehensive law named as The Prevention of Crimes in the name of Honour and Tradition Bill’ and gave it to government. This Bill addresses the violation of the rights of young couples and lists various types of crime in addition to murder. Suggests preventive measures and provides various degrees of punishments. It included Khap Panchayat or other bodies in the name of caste or community and accountability of police and administration.
In March 2018, the Supreme Court gave preventive measures to combat honour crimes in India. The guidelines are to be followed until a proper law is legislated. Though the Supreme Court has framed guidelines, there is a need for proper and strict law without delay as delay in justice could lead to denial of justice. Till then proper implementation of the preventive measures is to be ensured.
Punjab and Haryana high court asked for reports from District and Session judges regarding delay in disposal of honour killing cases and also extend the bail of two accused of honour killing case.
Justice Tyagi asserted that the reports could not be sought from them as particulars of the cases were not available with the Registry. Taking note of the delay in recording prosecution evidence in pending honour killing cases, the High Court had, on the previous date of hearing, asked trial courts to conclude the process expeditiously by conducting trial on a day-to-day basis “as far as possible”.
Justice Tyagi had also directed the courts with cases pending for prosecution evidence to “allocate block of dates” for trial as directed by the Supreme Court and by issuing coercive process for securing the presence of witnesses, if so required.
The legal system in our country should bring some process to speed up trails and proceeding in Honour Killing cases.
This post is written by Revathi Balakrishnan
For case specific advice, please contact Punjab Haryana High Court Best/Expert Court Marriage Lawyers Advocates for Love Marriage Registration/Protection, Chandigarh Panchkula Mohali. Zirakpur Kharar Derabassi
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