Network to Combat Crimes Committed in the Name of Honour
Press Note
Crimes Committed in the Name of Honour
Crimes committed in the name of honour in India are a significant cause of concern. ‘Honour’, often defined by the dominant factions of society, is subjective and fluid, and its parochial interpretation has fatally affected many people. The Chief Justice of India, DY Chandrachud, has also reiterated this concern (Ashok Desai Memorial Lecture on Law and Morality, 2022).
The need of the hour is to have separate legislation that recognises and criminalises violence in the name of honour and provides adequate systematic support to the victims and survivors. The Network to Combat Crimes Committed in the Name of Honour (aka, The Network) was conceived in 2022 to respond to this need. It is a collective of civil society organisations, lawyers, grassroots activists, and individuals from across India engaged in researching crimes in the name of honour and enabling survivors to seek justice.
Since its inception, the Network has organised several national, state and regional consultations with the stakeholders to frame a draft Bill, ‘The Freedom of Marriage and Association and Prohibition of Crimes in the Name of ‘Honour’ Bill, 2022’ (led by Centre for Law and Policy Research, Bengaluru).
Lack of Data on Honour Crimes: A Challenge in Framing the Law
Currently, no law in India classifies ‘crimes in the name of honour’ as such. Currently, these crimes fall under existing provisions of the Indian Penal Code – specifically, Sections 107–11 (abetting murder), Sections 120A and 120B, Sections 299–304 (murder and culpable homicide), Sections 307-308, Section 300 for murder, SC/ST Prevention of Atrocities Act, and 302 of IPC (in non-SC/ST cases), and other related sections under Indian Penal Code.
Reporting crimes in the name of honour under non-distinct laws makes them difficult to track. Moreover, caste-marginalised communities, religious minorities, tribal people, and LGBTQI communities are disproportionately affected by the dogmatic rhetoric of ‘honour’ requiring special provisions to address intersectional violence.
National Crime Records Bureau started recording ‘honour killings’ as a motive for murder in 2014, recording 540 deaths. This number is challenged by non-government organisations who have been tracking these crimes. Consequentially, the lack of formal data collection on crimes in the name of honour has led to a woefully low conviction rate, bolsters the intimidation (often coming from immediate family members) the survivors have to live with and undermines the resources they need.
How was the Bill Drafted?
The Network is not the first to demand a law against honour crimes. There is legal precedence to this demand. The 242nd Law Commission of India strongly recommended a separate law against honour-based crimes in 2012.
The Supreme Court of India also stressed the need for separate legislation on honour crimes in the Shakti Vahini vs Union Of India (27 March 2018) judgement.
National Commission for Women presented a draft Bill to the Parliament after analysing the 2012 Law Commission report on honour killings.
After analysing previous drafts, Bills and recommendations, the Network, in association with the Centre for Law and Policy Research, Bengaluru, drafted ‘The Freedom of Marriage and Association and Prohibition of Crimes in the Name of ‘Honour’ Bill, 2022’.
The drafting process was based on in-depth research and numerous consultations with grassroots activists, human rights defenders, and survivors of honour crimes. We held national, state and regional consultations in Bihar, Chhattisgarh, Rajasthan, Gujarat and Odisha on mitigating crimes based on honour and addressing the issue through state and local governance systems.
The draft intends to aid the central and state governments in implementing separate legislation to address crimes based on honour.
Research Report on Crimes in the Name of Honour
To aid the advocacy process, the Network has also prepared a research report, Crimes in the Name of Honour: A National Shame, which dives into the sociological and cultural reasons that provide impunity for honour crimes in India (led by Dalit Human Rights Defenders Network, National Council of Women Leaders, and Tata Institute of Social Sciences).
Recommendations from the Network
During the national, state and regional consultations, several policy measures were suggested by grassroots activists, lawyers and survivors to mitigate the harm caused by honour-based crimes, including the following:
1. Enactment of comprehensive legislation to address crimes in the name of honour, regulate extra-judicial bodies that undermine the social and democratic fabric, and ensure the protection of human rights;
2. Distinct record-keeping of the crimes by the NCRB and the police;
3. Mandating exclusive Special Courts and Fast-Track Courts to address the crimes;
4. Provision of stringent actions against law enforcement agencies, particularly police officials, who fail to act swiftly to cease the violence;
5. Adequate assistance in the form of police protection, financial support, legal support, safe shelter homes and psycho-social support for the people dealing with intimidation or violence.
The Journey So Far and the Way Ahead
Apart from conducting national, state and regional consultations and raising awareness via social media campaigns, the Network has effectively approached Members of Parliament to introduce the Bill in the Winter Session of 2022 and to sensitise them towards the issue.
The advocacy process will continue in the coming months, and we encourage media personnel to use this opportunity to hold the politicians and administrative authorities accountable by reporting the lapses in law and order, demanding appropriate record-keeping of the crimes in the name of honour, and ensuring timely compensation and protection for the victims and survivors.
Any organisation or individual who is ethically inclined to our goals is welcome to register their interest in joining the Network. The details about the joining process and updates on the campaign and the advocacy process can be found on the Dalit Human Rights Defenders Network website. (click here)
Contact us for more Information
Manjula Pradeep, Director of Campaigns, Dalit Human Rights Defenders Network
Contact: 9898515090
E-mail: manjula.hp@gmail.com
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