Written by: Smita Pandey (Intern)
Edited by: Anubhav Yadav (Content Head & Developer)
What is Honor Killing?
Honor killing is essentially a murder committed by family members. It is the filthy behavior of members who are more concerned with the purity of their family than with the life of a single person. It is carried out in order to remove the dishonor and shame brought about by a family member. A male family member or any other family member murders the individual who appears to love someone who does not match their social position. It’s also possible to describe it as a pre-planned murder motivated mostly by caste and religion.
In the event of honor killing, the deed is carried out on a woman rather than a man in a family, demonstrating that there is no equality before the law. A female is slain, resulting in a gender violation.
Articles 19 and 21 of the Indian Constitution address the rights to freedom and life, respectively. Both of a person’s rights are infringed during honor killing. It is a person’s right to choose his or her life partner. No one has the authority to take away one’s liberty or life.
Why in the news?
Gulshan, a resident of the Mainpuri district, filed a bail application before the Hon’ble Allahabad High Court. Mr. Ansar Ahmad, learned counsel for the applicant, argued that the applicant was allocated the job of battering the injured witness Rohit Kumar, while the role of mowing down was assigned to the other co-accused, not the applicant.
On July 2, a single judge bench led by Justice JJ Munir rejected the bail in an honour killing case in which the couple, who were from different castes, had married against the woman’s family’s wishes, stating that “these kind citizens have no place in our society” if prima facie “these allegations were to be substantiated at the trial.”
The accused, Gulshan, is suspected of killing the couple and was charged under Sections 302 (murder), 307 (attempt to murder) and 506 (criminal intimidation) of the Indian Penal Code.
Mr. S.S. Tiwari, learned A.G.A. acting on behalf of the State, has objected to the bail application. Mr. Tiwari claims that it is a case of honor killing because Rahul and Jyoti married against the wishes of Jyoti’s family. It is stated that Jyoti belonged to a different caste than Rahul Kumar, which put her family in jeopardy. Brijesh Mishra is Jyoti’s father, while the other co-accused Ashok Mishra is Jyoti’s father’s brother, and co-accused Raghvendra and Raghurai are Ashok Mishra’s kids, while the applicant Gulshan is Brijesh Mishra’s son, i.e. Jyoti’s brother.
Mr. Tiwari contends that the assault as a whole, in which the applicant participated, is a brazen act of honor killing and a failure by Jyoti’s family members to abide by the fundamental values, so precious to the law for guaranteeing people’s personal liberty. According to eyewitness accounts, Jyoti’s family killed her to restore their erroneous conceptions of family honor and also shot her husband to punish him.
When the applicant’s counsel argued regarding the roles assigned to both the accused, the court observed that he was undoubtedly an active participant in the entire action, even if he did not wield the pistol or trigger the fatal injury. The Court, after reviewing the opposing arguments of both the parties, stated that it appears to be a heinous instance of honor killing in which family members, including the deceased Jyoti’s father, uncle, cousin, and brother, all conspired to take a young life on the basis of a false sense of family pride, which they have ostensibly sought to redeem through this crime.