Sunday 29 June 2014

'Honour killing'

In Pakistan recently a newly wedded couple, Muafia and Sajjad Ahmed, were tortured and then beheaded by the girl's father and other family members for marrying against the wishes of the girl's parents. A family member of Muafia told her that her parents had forgiven her,and in this way the couple were lured back to her parents house, but it was a trap. The couple were then tied up, tortured, and decapitated.

In India, too,in Western U.P., Haryana, etc many young couples are brutally murdered for marrying against the wishes of the parents. This 'honour killing' is a barbaric, heartless, cold blooded and savage feudal practice which must be put down with an iron hand by the authorities. 

A bench of the Supreme Court consisting of myself and Justice Gyansudha Mishra held in Arumugam Servai vs. State of Tamilnadu (2011) that in such cases of 'honour killing' death sentence is mandatory, as it comes within the category of 'rarest of rare' cases. It was also held in that decision that 

1) If the District Magistrate and S.S.P./S.P. and other officials of the district where the crime was committed were aware that the crime was about to take place and did not prevent it they should be immediately suspended and chargesheeted, and

(2) If they came to know about the crime after it was committed and did not take effective steps to apprehend the culprits, criminal proceedings should be launched against them treating them as accomplices.

If the parents disapprove of their son's or daughter's marriage with someone the maximum they can do is to cut off social relations with the son/daughter. But they cannot threaten, beat, confine or kill him/her vide Lata Singh vs. State of U.P.(2006). If they do so they should be given harsh punishment

1 comment:

  1. To who are we to tell in a dystopian lawless society?