Scope of Honour Killing as a distinct offence: An Analaysis

Abstract

A democratic state like India, banks on the smooth functioning of the three origins of State that is, the legislature, the judiciary and the executive. The three organs of the state work in tandem according to the principles of natural justice and rule of law. Kangaroo courts be in the forum of Khap Panchayats or Shailshi Adalat, which are without any doubt extremely influential in the areas they exist, by their bizarre diktats which seemingly possess a lot of social sanction and approval of the masses, question the effectiveness of the state with brazen impudence. So strong is the influence of these Panchayats and quasi judicial bodies among villagers and sometimes even among educated class (Retired govt senior officers also) alike that the state machinery most of the times fails to respond timely to their unfair dikats which are nothing but pure mockery of rules of natural justice. Be it the ordering of gang-rape of women for having an affair with a man of higher caste or the banning of mobile phone use by young girls, the impact of diktats of Kangroo Court is profound on the geographical areas where they exist. [1]

The political class for the fear of losing their vote banks, try their best to ignore the inhuman diktats which shock the vey conscience of any civilized human being. What make the Khap Panchayat so powerful is that every Khap rules over eighty-four villages, turning them into leaders of powerful vote banks which are capable of controlling power play of numbers at the time of elections. Khap Panchayats grasp on the lives of the people is an indicator towards the states inability or unwillingness interventionist role in these affairs.[2]

We need to see whether the state does recede completely from the supposed ‘private’ sphere, especially when such a retreat has imperiled several innocent young lives. In this paper, we would analyze the role which the state organs play when faced with barbaric diktats against women are being justified in the name of tradition, honour and culture.[3]

[1]http://ncw.nic.in/pdfReports/ReportbyJamiaMilia.pdf

[2] Ibid

[3] Ibid