Honour Killing and Role of Khap Panchayat: an Empirical Study

HONOUR KILLING AND ROLE OF KHAP PANCHAYAT: AN EMPIRICAL STUDY

Dissertation submitted in part fulfillment for the requirement of the Degree of

LL. M.

Submitted by Supervised by

ASHOK KUMAR GODARA DR. ANUPAMA GOEL

National Law University Delhi (India) 2014

TABLE OF CONTENTS

TITLE PAGE NUMBER

DECLARATION BY THE CANDIDATE i SUPERVISOR’S CERTIFICATE ii ACKNLOLEDGEMENTS iii LIST OF ACRONYMS AND ABBREVIATIONS iv LIST OF TABLES v - vi

CHAPTER-1 1-8

INTRODUCTION

1.1 STATEMENT OF PROBLEM 3 1.2 OBJECTIVES OF STUDY 4 1.3 HYPOTHESES 4 1.4 RESEARCH DESIGN 4 1.5 SAMPLE AND LOCALE OF STUDY 5 1.6 TOOLS FOR DATA COLLECTION 5 1.7 METHOD OF DATA COLLECTION 5 1.8 DATA ANALYSIS 6 1.9 REVIEW OF LITERATURE 6 CHAPTER- 2 9-15 CONCEPT AND HISTORY OF HONOUR KILLING 2.1 DEFINITION OF THE CONCEPT USED 10 2.1.1 HONOUR KILLING 10 2..2 HISTORY OF HONOUR KILLING 12 2.2.1 A GLOBAL PROBLEM 12 2.2.2 INDIAN HISTORY 14 CHAPTER- 3 16-23 CASTE, COMMUNITY, AND HONOUR 3.1 GENDER AND HONOUR KILLING 20 3.2 CRIMES OF HONOUR: WIDE SPREAD 21 CHAPTER- 4 24- 36 KHAP PANCHAYAT, ITS STRUCTURE, FUNCTIONS AND

CONTRADICTION WITH MODERN LAW 4.1 STRUCTURE OF THE KHAP PANCHAYAT 26 4.2 FUNCTIONS OF THE KHAP PANCHAYAT 29 4.2.1 Sharv Khap Panchayat 30 4.2.2 Tappa or Kannu Panchayat 32 4.2.3 Village-Level Panchayat 33 4.3 SOCIAL SANCTIONS 33 4.4 KHAP PANCHAYAT AND MODERN LAW: A CONTRADICTION 33 CHAPTER- 5 37-44 TH JUDICIAL APPROACH TOWARDS HONOUR KILLING

5.1 JUSTICE VERMA COMMITTEE REPORT 39 5.2 THE PROHIBITION OF UNLAWFUL ASSEMBLY BILL 2011 40 5.3 THE CONTRADICTION ON PRINCIPLE OF AWARDING DEATH 40 SENTENCE 5.4 HONOUR KILLING: NEED FOR A LEGISLATION TO DEAL WITH IT 42 5.4.1 SALIENT FEATURES OF THE PROHIBITION OF UNLAWFUL 42 ASSEMBLY BILL 2011 5.4.1.1 Unlawful Assembly 43 5.4.1.2 Government Authorities and its power 44 CHAPTER- 6 45-72 DATA ANALYSIS 6.1 CROSS TABULATION 64 6.2 VERIFICATION OF HYPOTHESES 69

CHAPTER- 7 73-78 CONCLUSIONS AND SUGGESSTIONS 7.1 MAJOR FINDINGS OF THE STUDY 73 7.2 CONCLUSIONS AND SUGGESSTIONS 76 BIBLIOGRAPHY 79-80 APPENDIX A

DECLARATION BY THE CANDIDATE

I hereby declare that the dissertation entitled “Honour Killing and Role of Khap

Panchayat: An Empirical Study” submitted at National Law University, Delhi is the outcome of my own work carried out under the supervision of Dr. Anupama Goel,

Associate Professor (Law), National Law University, Delhi.

I further declare that to the best of my knowledge the dissertation does not contain any part of work, which has not been submitted for the award of any degree either in this

University or any other institutions without proper citation.

I, Ashok Kumar Godara followed the research guidelines of the University/ applied the

Turnitin- Anti plagiarism software.

Place: New Delhi Ashok Kumar Godara LL.M 07/2012 Date: National Law University, Delhi

i CERTIFICATE OF SUPERVISOR

This is to certify that the work reported in the LL.M. dissertation entitled “Honour

Killing and Role of Khap Panchayat: An Empirical Study”, submitted by Ashok

Kumar Godara at National Law University, Delhi is a bona fide record of his original work carried out under my supervision. To the best of my knowledge and belief, the dissertation: (i) embodied the work of the candidate himself/herself; (ii) has duly been completed; and (iii) is up to the standard both in respect of contents and language for being referred to the examiner.

Place: New Delhi Dr. Anupama Goel National Law University, Delhi Date:

ii ACKNOWLEDGEMENTS

This study is a part of my journey which began 2 years ago, when I got admission in National Law University, Delhi. I thank from the bottom of my heart to God for giving me an opportunity to study in this prestigious Institute.

I thank my Supervisor Dr. Anupama Goel, Associate Professor (Law), National Law University, Delhi for allowing me to find my way through this exercise, for giving valuable inputs from time to time and gently nudging me when required. I know I can never repay back your guidance, love and affection, but I promise to carry my profession and life in the fashion you advised.

I thank my parents for being a strong pillar in my life and allowing me to do whatever I want to do in my life. I thank my parents for nourishing me in an environment which helped me in becoming an honest person. I owe my life to both of you.

I am grateful to Dr Ranbir Singh, Vice Chancellor, National Law University, Delhi and Dr Srikrishna Deva Rao, Registrar National Law University, Delhi for giving a healthy environment in University campus which helped us in enhancing our intellect.

I thank my Colleagues Mr Sangeet Saroha, Mr Ajay Raj Singh and Mr Sharjil Khan for their unstinting support towards timely completion of my study. I extend my thanks to Mr Anil Kumar Sharma, Assistant Professor Institute of Law and Research Faridabad, for always taking care of me and making sure that I stick to my task.

I am deeply grateful to my respondents and key informants for participating in my study so whole- heartedly. I hope I have been able to do justice to their problems through this study. The quality of time I have spent with them will remain etched in my mind forever. This study has been a true learning experience for me probably entirely through them.

Date: Ashok Kumar Godara

Place:

iii LIST OF ACRONYMS & ABBREVIATIONS

AIR All India Reporter

Cr.L.J Criminal Law Journal

Cr.P.C Criminal Procedure Code, 1973

I.P.C Indian Penal Code, 1860

SCC Supreme Court Cases

UN United Nation

HR Human Right v. Versus

iv LIST OF TABLES

Table Caption Page Number Number

1 Whether respondents family members were members of 46 khap panchayat.

2 Respondents family members and relationship their, who 47 were members of khap panchayat.

3 Khap panchayat is active in respondent locality. 48

4 Khap panchayat interfere in matrimonial matters 49

5 Election for a member of khap panchayat. 50

6 How does the matrimonial matter come to khap panchayat? 51

7 According to respondent: Role of khap panchayat in the 52 case of honour killing.

8 Respondents follow the decision of khap panchayat. 53

9 Caste plays some role in the case of honour killing. 55

10 When the probability of honour crime is higher. 56

11 Social and economic status of respective families play role 57 in honour crime.

12 Status of respective families 58

13 Decision of khap panchayat in cases of inter- religious 59 marriages

14 Decision of khap panchayat in cases of inter- caste 60 marriages.

v 15 Decision of khap panchayat in cases of saha gotra 61 marriages.

16 Decision of khap panchayat in cases of marriages within 62 bhaichara.

17 Marriages are more likely to be affected by honour killing. 63

18 Cross tabulation between two variables first, role of khap

panchayat in the case of honour killing and secondly age of 64

the respondents

19 Cross tabulation between two variables, firstly the kind of marriage performed by couples and secondly, action taken 67 by khap or family members

vi CHAPTER – 1

INTRODUCTION

Women constitute half of human race. All international instruments framed by the UN treat women at par with men. The Constitution of India recognizes equality of women and men as a fundamental right1. Despite all this, women have been discriminated all over the world. In this regard India is no exception. In several areas of human actions, women are facing discrimination, exploitation and violence since time immemorial. The cases of honour killings are regularly reported from several states of India, more particularly from Punjab, Haryana and western Uttar Pradesh, which are deeply conservative and patriarchal.

Honour killing is one such social norm, where one has to pay with one‘s life for going against the society. Gender equality and women‘s empowerment are fundamental to the global mission of the United Nations Organisation to achieve equal rights and dignity for all. These ideals so firmly rooted in our democracy are enshrined in our Constitution. In recent decades, much progress has been made but even today nowhere in the world can women claim to have the rights and opportunities as men have and they still face inequality and marginalization. Even in the first decade of twenty first century, honour killing also called customary killing is a serious cause of concern. During the last few years extensive reports have appeared in newspapers and television channels all over the country for violating sexual norms set up in a patriarchal society in the name of ‗honour killings‘2.

Under the wide scope of crimes of honour that happen, honour killing is perhaps the most heinous of them all. Although its crime elements may overlap with the requirements of murder under the Indian Penal Code3, it has certain unique features which make honour killing even more heinous than murder. Under the crime of honour killing the victim is usually not a third person but rather the victim‗s own family member or social group member. The perpetrator in many cases is a brother or

1 IND. CONST. Arts. 14&15. 2 ANDREA PARROT &NINA CUMMING , FORSAKEN FEMALES: THE GLOBAL BRUTALIZATION OF st WOMEN, 173 (1 ed.2006). 3 Indian Penal Code. § 300 (1860)

1 father whose cultural role initially was supposed to be protecting the victim from any harm. The perpetrator in these crimes has no economic motivation and is purely fueled by the abstract desire to bring back the honour to the family by eliminating the family member who brought dishonor.

This perceived dishonour is normally a result of the loss of control felt by the male members of the family on the sexual behaviour of a female member of the family. In many rural societies, where the value of education is lower than that of family status, the ideal of masculinity is underpinned by a notion of honour of an individual man, or a family or a community- and is fundamentally connected to policing female behavior and sexuality.4

It has been periodically reported that incidents of murder and other illegal grave offences committed against the persons who marry or propose to marry Sagotras or outside their caste/religion. Apart from the reported cases, numbers of cases go unreported due to fear of reprisals or cascading effects. These types of offences which occur by the intervention of caste/communities or assemblies deprive the person from his life and personal liberties granted under the Constitution of India. Such assemblies gathered on caste lines assume to themselves the power and authority to declare on and deal with objectionable matrimonies and exhibit least regard for life and liberty and are not deterred by the processes of administration of justice. If such illegal assemblies continue their functions, innocent youth will be harassed and victimized.

In India Panchayati Raj system was introduced with the aim of decentralization and democratization. Khap panchayats have not been awarded any status thereupon. Working as self proclaimed courts of castes, lords in a village, these khap panchayats enjoy full legitimacy and authority among the sections of their castes as the custodian of its own clan. Members of this unconstitutional parallel system of justice often summon an all male get together that crouches around a chabutra in the village aspiring of taking quick, unilateral and incontestable decisions on multiple issues like social transgressions, marriages, offences, property rights, inheritance or regarding

4 SARA HOSSAIN & LYNN WELCHMAN, HONOUR: CRIMES, PARADIGMS AND VIOLENCE AGAINST WOMEN, 22 (2d ed. 2007).

2 situations threatening tranquillity. It is very distressing to know that in these times when people chat via 3G technology. Indian society has regressed to the dark ages.5

It is unfortunate that most honour killings in India which take place, are based on the directions of khap panchayats. The main intention behind these human killings is to save family reputation as justified by the perpetrators of that crime on the grounds that it was committed as a consequence of the need to defend or protect the honour of the family.

1.1 Statement of Problem:

The present study intends to focus upon the problems and issues of honour killings and role of khap panchayat in northern India. With the help of doctrinal and non doctrinal methods, the present study attempts to know under what circumstances the evil of honour killing drives family members to kill their own family members. The study also focuses on historical perspective of honour killings in India and other countries with an attempt to inquire whether honour killing is a conflict between modern law and old moral conduct of society. It is pertinent here to inquire the role of khap panchayat in honour killing. Do the incidents of inter caste marriage, sagotri vivah (marriage among sapinda and within prohibited relationship) play a causative factor in honour killing? Systematic probes into some of these questions have been made in this study. Besides this, the study also endeavors to find as to what are the key problems that the victims of honour killings face in their interaction with family members, khap panchayats and police. The issues of protection of victims of honour killings have been studied in light of various authoritative texts and judgments of Honorable Supreme Court. The perceptions of victims of honour killings on several crucial aspects have also been studied to project a comprehensive picture of the issue under study. Finally, the study also takes a critical view on the protection of victims of honour killings and on the need for reform in khap panchayats (with some modification). The study has been geared on the key assumption that without resolving the basic issues and problems faced by victims of honour killings various fundamental rights guaranteed by the Constitution of India cannot be ensured.

5 Ashish K. Singhal, Khap Panchayat & Personal Laws in India, Researcher. 39-43, (2013). http://www.sciencepub.net/researcher (Accessed on April, 3, 2014)

3 1.2 Objectives of Study:

1. To outline the relevant legal provisions related to Honour killing.

2. To evaluate the historical background of khap panchayat and its role in honour killings in India.

3. To inquire the circumstances in which the evil of honour killing drives family members to kill their own siblings/ children‘s.

4. To understand the role of sagotri vivah/ inter caste marriage in honour killing.

5. To examine the conflict between modern law and moral conduct of society in the context of honour killings.

6. To study the problems faced by victims of honour killing in their interaction with khap panchayat, family members, police.

7. To study the Supreme Court guidelines on honour killings and the proposed legislation to deal with honour killings.

1.3 Hypotheses:

1. Reputation of family is a causative factor in honour killing.

2. Marriages without consent, of family member instigates family members drives them to kill their own siblings/ children‘s.

3. Khap panchayat plays an active role in honour killing.

4. The genesis of honour killing is the conflict between modern law and moral conduct of society

1.4 Research Design:

In accordance with the objectives of the present study, doctrinal and non doctrinal methods have been adopted to examine and explain the problem undertaken. The doctrinal design has been used to study the historical aspect of honour killing and root causes behind honour killing. This has been done primarily with the help of research articles and other scientific studies relating to the problem, relevant legal provisions under different laws in India, judgements of the higher judiciary in India and International Human Rights law. The non-doctrinal design has been used to attain the

4 desired result of the study. A sample survey has been carried out to collect data by using snowball technique6 of data collection.

1.5 Sample and Locale of Study

The researcher had collected the primary data from fifty seven (57) people of Rewari, Jind, Rohtak and Jhajjar districts of Haryana state. In this research, the researcher has taken samples from males and females of Haryana region. Out of total respondents 52.6% (n= 30) were male respondents and 47.4 % (n=27) of total respondents were females. It is to be noted here that researcher failed to interview fifteen (15) samples who denied talking to the researcher or left interview schedule in mid way. In this research, the researcher has given equal opportunity to males as well as females for collecting samples for research and also samples collected from all the age groups from different education background. The researcher has also tried to collect samples from Khap Panchayats members and family members of victims of honour killing. The researcher also conducted a pilot study on ten (10) samples to check consistency and reliability of interview schedule

1.6 Tools for Data Collection:

An interview schedule with 42 questions was formulated to meet the desired objectives. All the questions were closed ended so that respondent could easily give answers. Keeping in mind the layman and educational background of respondent‘s questions were translated in Hindi by the researcher at the time of interview. In addition to this informal discussion with NGO‘s activities and police persons were held to add valuable insight into crucial aspects of problem.

1.7 Method of Data Collection:

The data were collected through methods of telephonic interviews and face-to- face interview7 from sample of subjects who were willing to be respondents of the study.

6 Snowball technique is the method in which the researcher comes to know from one sample about the other may be sample of some kind. 7 As the samples are from the rural area, the email is not a proper method, even is most of the cases they have to be addressed in Hindi language (if they are not comfortable with English language).

5 1.8 Data Analysis:

The data collected from the respondents after interview schedule were processed and tabulation with the help of Statistical Package for Social Sciences (SPSS 16.0). The cross tabulation and chi square test were also formulated and analysed with the help of SPSS 16.0.

1.9 Review of Literature

Baxi (2006) has made a comparative analysis of crimes of ‗honour‘ in India and Pakistan through an examination of appellate judgments from the two countries. She reflects upon how a rights-based discourse of modern nation-states forms a complex terrain. The citizenship of the state and membership of communities are negotiated and contested through the unfolding of complex legal rituals in both sites. She identifies two axes to explore the complex nature of the interaction between modernity and tradition. The first is that of governance of polities (state statutory governance bodies) and the second is the governance of communities (caste panchayat / jirgahs). Baxi conclude that the diverse legacies of common law in India and Pakistan frame an anxious relationship with the categories of tradition and modernity, which inhabit spaces in between the governance of polities and the governance of communities, and constantly reconstitute the relationship between the local, national and the global.8

Inderpal (2013) in his study deal with the concept of honour killing, or the ways that concept produces meanings, cultures and identities. This study takes on that question, looking at when, where and how violence against women gets named as a specific crime called honour killing, in which honour comes to be a stable and unchanging term, particularly as the term comes to have hegemonic meanings which submerge other possibilities, struggles and violence. In this study, he argues that the concept of patriarchy has been outsourced from the USA and Europe to do its messy work elsewhere. He does so by examining the circulations of honour killing as a concept in the media coverage in India and in the ‗West‘. This article finds this method particularly useful in analysing the concept of honour killing, particularly in terms of

8 Pratiksha Baxi, Legacies of common law: ‗crimes of honour‘ in India and Pakistan, 27 Third World Quarterly, 1239-1253, (2006)

6 feminist struggles to give violence a voice and bring it to the public. The study concludes that attention to the production of the idea of honour killing along these lines is all the more important given the fact that the identification of violence as honour killing may even foreclose an analytic that might be more historicized and multifaceted.9

Dr. Iyer (2013) Honour killing means the issue of killings of couples who marry within the same sub-caste or against the wishes of their parents. Immediate attention needs to be paid in this area which is one of the neglected areas. Law needs to be used as a weapon in bringing about a social change. What is needed is a firm decision by the government for a separate law. There is paucity of research studies in this area. The networking of the police, judiciary, government, non-governmental organizations, human rights activists, sociologists, social workers, and psychologists is to be done in order to mitigate this social evil. Honour killing cannot be accepted in the name of culture or tradition. Honour killing is unjust and inhumane action. It is crime against mankind. The murderer of that type deserves severe punishment. Hence it is needless to say that lot of efforts need to be made in order to mitigate this problem lest the problem goes out of control.10

Kachhwaha (2011) Metropolitan liberals with a ludicrously quixotic vision of countryside life could only envisage the rural India as being Arcadian. Just five minutes and you are into an ambiance tainted by bigotry, since no belief or custom has ever been doubted, barely re-examined here! Khap Panchayats, the earlier credible bodies with a social outlook, is now highly politicized. In the name of preserving Indian culture, they are perpetrating crimes and thereby nurturing a culture of crimes for descendants. Between tradition and modernity, suffocating control and fear of its loss, there is an all-out war in India and across the world. While India is shining, some of its badlands are mired in the medieval past, acting like the Taliban. ‗Honour killings‘ are human-rights abuses, atrocities against women, denial of an individual‘s freedom of choice, and in contravention of the law. As India tries to fly high, such disgraceful practices will derogate its international reputation. To ignore

9 Inderpal, feminist encounters, transnational mediations and the crime of honour killing, 15 International Feminist Journal of Politics 163 (2013) 10 Dr. Iyer, Honour Killing – Crime against Mankind, 10 IOSR Journal Of Humanities And Social Science (IOSR-JHSS) 01-04 (Mar. - Apr. 2013)

7 for too long the frequency, of such monstrous acts will cost us heavily. Though Indian judiciary has come up as a silver lining, yet much is left. Since time requires us to break the shackles of slumber and respond efficiently, research would focus on exploring specific (legal) measures to deal with such traitors of the constitution; and would unveil mysteries like: Why do Khaps still exist in these times of formal democracy in India? Why the elected panchayats had a little scope in the matters of governance that are otherwise usurped by Khaps for dispensing (in) justice an in inhumane and unconstitutional manner?11

Gayatri (2013) Young and defiant boys and girls in Haryana end up losing their life over the families‘ sense of ‗honour‘. A feudal mindset is pitted against the youth that is embracing modernity, and love. Education, separate legislation for such killings and banning khaps are what some experts pin their hopes on.12

The honour killing is still the reality of present modern India and people have to live with it. As honour killing has caused havoc on innocent victims, the present study aim to analyse the problem of honour killing for better understanding of the phenomenon. Though honour killing is an accepted norm in a few communities in some states of India, no one can deny that it is gross violence of criminal law and human right law and the constitution of India. There for it is a duty of every right thinking citizen to understand this phenomenon and mobilized public opinion against this evil practice in India.

11 Kavita Kachhwaha., Khap Adjudication in India: Honouring the Culture with Crimes, vol-6, International Journal of Criminal Justice Sciences, 135 (2011). 12Gayatri, Till ‗honour‘ do them part, the tribune (2013) http://www.tribuneindia.com/2013/20130929/kal.htm#1 (Accessed on June, 18, 2014).

8 CHAPTER -2 CONCEPT AND HISTORY OF HONOUR KILLING

One of the hardest concepts to introduce to the western society about honour killings is the concept and meaning of ‗honour‘ in the context of honour killings. Many at first instance oppose the use of the word honour due to its frequent interchangeable positive attributions. Nevertheless, it is important to keep in mind that even though the origin of the term honour in context of the killings is positive, the mens rea element for the killing is fueled from the preservation of the same positive attribution, in an extreme culturally pressured dosage. It is only due to the recent media attention on honour killings that a debate has sprung in society calling the crime dishonour killing

The term honour or honor is derived from the Latin word ‗honos‘ which is an abstract concept of a perceived quality of worthiness, respectability and moreover the perceived standing of an individual in large social bodies such as schools, neighbourhoods, cities or nations. But none of the meanings seem conducive to encourage or support the assumption that honour is associated with the right to kill in order for its preservation, neither do they inspire any violent conduct in situations where the honour of the individual is at stake.

In a strong patriarchal society the word ‗honour‘ is not measured with the worthiness of a man, but rather the honour lies in the women under the control of a man.

According to Kamla Bhasin and Ritu Menon, ―most men and women we spoke to agreed that honour, for losing and preserving, is located in the body of women‖.13

Margaret Visser observes that in an honour-based society ―a person is what he or she is in the eyes of other people.‖14 The concept here, is very different from the meaning of reputation or prestige, and should not be confused with such associations. This notion becomes problematic in scope when limited by stereotypical associations with the historical positive notions of ‗honour‘. This in turn then brings about a knee-jerk

13 st K BHASIN AND R. MENON, BORDERS AND BOUNDARIES, 58 (1 ed. 1998). 14 Doris Jim, A conversation with Margaret Visser: diagnosing that feeling of helplessness, Catholic New Times, January, 5, 2003, at 3.

9 reaction from the western society that, the term ‗honour killing‘ is oxymoronic in nature.

Such difficulties in the attribution of honour also arise due to the understandings embedded in the unfamiliar characteristics of a patriarchal society. It is only that once we examine the male dominating behavior in such societies, can we be able to get a better grasp of the concept of honour.

The state is often put in a difficult situation in regard to reacting to these crimes of honour. The local governance is faced with an option of political suicide, by losing local support and hence does not react. The international community is bewildered at first, but is very cautious between striking a delicate balance. On one hand are the human rights of woman and respecting them, as being independent free thinking agents in choosing to endeavour such cultural restrictions and on the other hand are the extreme cases of violence which are highly objectionable to the modern developed world. These paradoxes make the problem of honour killing extremely problematic to circumference15.

2.1 Definition of the Concept Used

2.1.1 Honour Killing

Honour killing is a form of intra –family violence, where women, who are seen as the repositories of the man‘s or family‘s honour, and as such must guard their virginity and chastity, are killed, usually by their male relatives, because they are seen to have defiled the family‘s honour and must be killed in order to restore it. Usually women are the victims of honour killing but men may also be killed in the name of honour.16 Crimes of honour have been seen primarily as the violence against women (some time men) and a violation of human rights. Although there is no consensus on what really constitutes honour killing, most researchers, women‘s rights activists, non- governmental agencies, and policymakers view it as a form of honour based crime in which a person is murdered by members of the family for restoring the lost family and

15 United Nations, Special Rapporteur on Violence Against Women, its causes and consequences. March 10, 1999, UN doc. E/CN.4/1999/68, para. 18. 16 Amenesty International, Pakistan: Honour Killings of girls and women, 1999 ASA 33/18/99. http://www.amnesty.org/en/library/asset/ASA33/018/1999/en/9fe83c27-e0f1-11dd-be39- 2d4003be4450/asa330181999en.pdf (Accessed on May, 10, 2014).

10 community honour.17 Honour killing is defined as the act of killing a person, usually female relative (i.e. daughter, sister, wife), who is thought to have brought dishonour to the family by engaging in unacceptable sexual behaviours.

Human Rights Watch defines "honor killings" as follows:

―Honor killings are acts of vengeance, usually death, committed by male family members against female family members, who are held to have brought dishonor upon the family. A woman can be targeted by (individuals within) her family for a variety of reasons, including: refusing to enter into an arranged marriage, being the victim of a sexual assault, seeking a divorce—even from an abusive husband—or (allegedly) committing adultery. The mere perception that a woman has behaved in a way that "dishonors" her family is sufficient to trigger an attack on her life‖.18

According to Segen‘s Medical Dictionary, ―The killing of a woman by one or more members of her family after she has dishonoured them in some fashion- e.g. by committing adultery or other sexual indiscretion or by marrying against the family‘s wishes.‖19

They are uniquely governed by ―the specific logic of an honor culture.20 This culture has a typical understanding of the meaning of shame and honour in a patriarchal society which may seem alien and incomprehensible at first from the viewpoint of foreign cultures.

According to Michael Kurkiala, under this type of logic and understanding:

….if a woman refused to comply with the rules set down by her cultural community, her ―immoral behaviour‖ contaminated the whole family. If other strategies to make the women comply failed, the only remedy was for her male relatives to kill her in order to protect the family honour. Thus, the murders were culturally sanctioned and designed to uphold a specific moral order.21

In the case of honour killing the family members (mostly fathers) kill the youngsters on the suspicion of having illicit relations or on exercising right to choose their life

17 UNNI WIKAN, IN HONOUR OF FADIME: MURDER AND SHAME 49 (1st ed. 2008). 18 Human Rights Watch, Honoring the killers. April 2004, Vol. 16 No.1 (E). 19 Segen‘s Medical Dictionary. @2012 Farlex, Inc. http://www.modernmedicaldictionary.com/author/admin/ (Accessed on May, 12, 2014). 20 Mikael Kurkiala, Interpreting Honour Killings: The Story of Fadime Shindal (1975-2002) in the Swedish Press, Anthropology Today, February 1, 2003, at 6. 21 Id. at 7.

11 partners, befriending men or committing immoral behaviour, as according to the offenders it would cause dishonour to the family.22 An honour suicide may be a substitute for honour killing. It occurs when people order or pressure a woman to kill herself; this may be done so that the people avoid penalties for murdering her.23 This phenomenon appears to be a relatively recent development.

2.2 History of Honour Killing:

Honour killings and punishments have been documented over centuries among a wide variety of ethnic and religious groups throughout the world. For example, the Code of Hammurabi of Babylon which was issued in 1790 BC penalised adulterous couples by drowning. The 1075 BC Assyrian law of the civilization of Mesopotamia stated that the father of a defiled virgin shall punish his daughter however he saw fit. In the Bible, the Book of Genesis, Judah demanded for the burning of his daughter- in- law Tamar whom he was told to be pregnant via harlotry; this view is then supported in Book of Leviticus. Matthew Goldstein also noted that honour killings were encouraged in ancient Rome, where male family members who did not take actions against the female adulterates in their family was ―actively persecuted‖.24

2.2.1 A Global Problem

Historically in the European context, the term ‗honour‘ connoted the meaning chivalry and nobility to which killing formed an essential element of such a code of chivalry. Duels to protect the honour were considered proper amongst the elite in the western civilizations.

To the more modern European society the word ‗honour‘ evolved to hold a definite framework of the appropriate behavior expected from a man. These included acts such as verbal promises transforming into binding contracts by holding on to a word of mouth as an honorable man‗s binding words.

22 In case of Aarushi Talwar, the court held guilty her parents that Aarushi may have killed by her parents for sleeping with the servant. 23 In Turkey, a waif- like girl of 17, named Derya fallen in love with boy. When news of love affair spread to her family then her mother warned her that her father would kill her. But she refused to listen. Consumed by shame and fearing for her life, ultimately she decided to carry out her family‘s wishes and committed suicide. http://www.nytimes.com/2006/07/16/%20world/europe/16turkey. (Accessed on May, 26, 2014). 24 Smita Poudel, Honour Killing are Against Islam- Ohmy News International. sept. 17, 2006. http://english.ohmynews.com/articleview/article_view.asp?at_code=360343 (Accessed on May, 28, 2014).

12 The monarch in the UK is also posited to be the fountain of honour25 who bestows tokens and rewards for distinguished service that evidences chivalry or honour. This is done through the giving of titles, which themselves are collectively referred to as honours, hence the honor list of names thus endowed.

These positive meanings might shift from bravery and nobility into more chivalrous actions, but they always retained their positive implications. This view is no doubt correct if understood in its isolated existence. But, it fails to encompass the more negative consequences of the acts done in the preservation of honour, which is the main structural constituent in understanding crimes of honour.

Purna Sen26 in her article illustrates another UK example of the Neo-Nazi group called Blood and Honour Combat 18,27 which claims a code of honor such that to live by honour means that one is prepared to die rather than be dishonoured. To the east, the context holds primarily a negative implication stressing more on the harmful consequences in preserving the so called honour.

There is however another distinction, apart from the negative and positive aspects of the term honour. The meaning of the word honour in honour killings imposes duties rather than bestows privileges.28 Unlike the positive meaning which would only bestow honour upon a person, honour killing on the other hand imposes the duty to protect that honour by any means necessary. Even if that necessity of preservation leads to killing of a loved one, thereby creating a decisive metamorphosis in its positive and negative inferences. Many languages use two different words, in order to emphasize and differentiate these two different concepts.29

25 The origin of the Sovereign as the 'fountain of honour' is an ancient one, https://www.royal.gov.uk/MonarchUK/Honours/Developmentofthehonourssystem.aspx (Accessed on April, 9, 2014). 26 PURNA SEN. Crimes of honour; value and meaning, HONOUR: CRIMES, PARADIGMS, AND VIOLENCE AGAINST WOMEN, 42-63 (2d ed.2005). 27 Combat 18 is a racist, anti-immigration group based in the UK. It claims the history and title of National Socialism, http://www.skrewdriver.net/index2.html (Accessed on April, 22, 2014). 28 PIERRE BOURDIEU, THE SENTIMENTS OF HONOUR IN KEBYLE SOCIETY, IN HONOUR AND SHAME, 220,221.(1st ed. 1991) 29 For instance, in Turkish, ―onur‖, ―gurur‖, ―nam‖, and ―saan‖ are gender-neutral words used to refer to prestige and respect, while the word ―namus‖ Is a gender-specific term used to refer to certain different qualities and standards that an honorable woman or man should have. Similarly in Pakistan, the word ghairat is used to mean honor, jealousy, courage, modesty, and shame and the word ―izzat‖ is used to mean reputation and respect.

13 In such a scenario honour should be clearly distinguishable from dignity. As William Wordsworth would say true dignity abides with him alone… who, in the silent hour of inward thought, can still suspect, and still revere himself… in lowliness of heart. Here the term honour can be interchangeable for the meaning dignity. While honour, on the other hand holds distinctiveness of an outward thought of society laying judgmental values, both positive and negative upon an individual.

In 1994 al-Babel (The Alternative), established from the organisations within Palestinian community of Israel, called itself the Coalition to Combat the Crime of Family Honour, they believed this statement to be more appropriate in explaining that it is not possible to give the term ‗family honour‘ a positive understanding, since it attributes all the maladies of society to a women‗s body and individual behaviour, giving legitimacy to social conduct restricting women‗s freedom and development, using all forms of violence, the most extreme being murder. Various other organizations have also suggested similar changes in the name of the crime.

2.2.2 Indian History:

The history of the practice of honour killing in India may date back to thousands of years. The social structures, rules and bindings have been very strong for centuries and there exists an approval of the killings within the religion and social norms of the sub-continent. Yet the strong social boundaries may have prevented the behaviours that would lead to punishments. The best example is that of Ramayana, where Ravan‘s sister Surpanakha had done ‗Gandharva Vivah‘ with army chief ‗Viduth Julvey‘ in a place called ‗Kalikay‘. Ravan took it as an insult to his family, so in order to maintain the respect of his family he killed her husband. Thus, honour killing is prevalent since ancient times and needs a full stop to be put to.30

The honour killing practice in modern history seems to have gained momentum since the partition of India in 1947. The tradition was viewed most brutal during 1947 and 1950, when women were forcefully killed to protect family‘s honour. A lot of forced marriages and rapes were causing women from India to marry men from Pakistan and

30 Valmiki‘s Ramayan. http://indianfusion.aglasem.com/honour-killing-a-sin/ (Accessed on April, 30, 2014).

14 vice versa. This would trigger the hunt for the people marrying in other country, other religion, or caste and when they return home, they would be killed so that their family honour is preserved and the family is not declared outcast. The socio-political environment during this period caused women to be made victims of humiliation among conflicting communities leading to the humiliated families, killing women of their own families. This is the shocking and appalling fact that over the years a large number of couples are being killed across the country for honour31

31Rahul P. http://www.studymode.com/essays/Honor-Killing-In-India-621094.htm. (Accessed on June, 4, 2014).

15 CHAPTER -3

CASTE, COMMUNITY, AND HONOUR

The emergent complex picture throws up aspects of caste which have a crucial interconnection with class and gender. In fact, it is the class and gender component within the caste system which has created inter-caste and intra-caste differentiation and inequalities as well as status distinctions. The concept of caste has undergone a change among different caste groups as also the perceptions of the self and others. Legal enablement and concept of equal citizenship has created tension within the social fabric leading to challenges and contestation, witnessed in the dramatically altered behaviour patterns of youngsters both in rural and urban India. This contemporary fluidity of the caste system in India, which shows both confirmation and challenge as co-existent, remains comparatively neglected even by sociologists and needs to be more extensively probed.32 Marriages are throwing up contentious ideas about rank and equality on account of increasing differentiation of status, power, and wealth which are developing within each caste. 33

In cases where different religious communities are involved, the question of caste endogamy and territorial exogamy tend to acquire yet another dimension, that of religion. These cases mostly belong to the Muslim-concentrated region of Mewat.34 The course that such inter-community liaisons follow is the well-trodden path that we see in inter-caste cases, and all are not subsumed under the rubric of religion. Although the media tends to highlight the difference in religions, the local populace is characteristically reticent in these matters. They tend to highlight different/unequal or inter-caste and status equations rather than those of religion. Religion is important but not locally 'exploited‘ in such matters. Communal forces which are ready to take up the issue of gau kashi (cow slaughter) in a big way in Haryana have no marked presence in such cases. This, in my understanding, is not because of lack of trying. The intervention of outsiders in what is considered essentially a private/familial or community concern acting through the panchayat (as available in the rest of Haryana), has managed to keep such troublemakers away. Communal forces have been kept at

32 st M.N. SRINIVAS, CASTE: ITS TWENTIETH CENTURY AVATAR, 78 (1 ed. 2000). 33 DIPANKAR GUPTA, SOCIAL STRATIFICATION, 79-85 (2d ed. 1997). 34 For some recent cases, see Time of India, 6 May 2010, p 5; 10 April 2010, p 4; 24 April 2010, p 5.

16 bay and the two communities have been able to handle the fallout of such cases without these turning into communal conflagration. Those ideological concerns projected overwhelmingly through the concept of honour have not found their location in religion.

A theme that runs through the entire work is the ideology of ‗izzat‘ or ‗honour‘, which emerges as a gendered notion producing inequality and hierarchy. Both men and women embody notions of honour, but differently. The woman is the repository and the man is the regulator of this honour. Therefore, the greatest danger to the ideology of honour comes from the woman. One oft-repeated phrase is: ladki ke saath uske kutumb ki izzat judi huee hai (the honour of every family is connected to its girl). Honour so posited in a woman is importantly, located in her body. A woman dishonours her family by what is considered her shameful physical behaviour. This stretches from observing sharm (modesty) to lihaz (deference) to her sexuality. Honour is the overarching concept which regulates and put into effect the practice of purdah and its attendant ideology of seclusion as a controlling device.35

Women as the repository of male honour are simultaneously exalted as well as made objects of their coercive power and violence, making both protection and violence inherent in the ideology of honour. The fear and perceived loss of this honour rationalize and justify masculine aggression and violence. In turn, violence is associated with masculinity and hence is normal rather than an aberration.36 In any case, violence against women in the home sphere as daughter, sister, wife, and mother has widespread acceptance and social legitimacy under patriarchy. Considered a private matter, it is condoned as a personal/familial affair. Such violence transcends caste and class divisions. However, the family is not exclusively private in structure; it is always at the same time publicly and socially constructed. As Medick and Sabean argue,37 in a society dominated by concept of honour and shame the focus of activity is certainly private, but the household is dependent on the public for its ranking in the

35 G.D. MANDELBAUM, WOMEN‘S SECLUSION AND MEN‘S HONOUR; SEX ROLES IN NORTH INDIA, st BANGLADESH AND PAKISTAN (1 ed. 1998) 36 LEELA DUBE, SEED AND EARTH; THE SYMBOLISM OF BIOLOGICAL REPRODUCTION AND SEXUAL RELATIONS OF PRODUCTION, 103 (2d, ed.2001). 37 HANS MEDICK AND DAVID WARREN SABEAN, INTEREST AND EMOTION IN FAMILY AND KINSHIP STUDIES.(1988) http://www.cambridge.org/au/academic/subjects/psychology/cognition/interest-and-emotion-essays- study-family-and-kinship#contentsTabAnchor. (Accessed on May, 11, 2014).

17 hierarcy of honour and for its marriage partners. In fact, the activities of any member of the family within the household are sharply modified by outside considerations, both in terms of fulfilling cultural expectations and selecting strategies for the regulation of the house and its members. In other words, violence is not merely private, it also has a public face and is committed in response to cultural expectations of the wider community.

Two things follow from this: One, the family is not allowed to relinquish the matter of runaway marriage and wash its hands of it, even if they so wish. They are compelled to turn it into a matter of honour by the community, which takes over if the family falters. Two, the possibility of certain family members being against infliction of violence docs exist. However, generally a united front is maintained by the family, whose compliance with the demands of the community clearly represents an attempt to hold on to social power by sacrificing daughters to the collective interest of the caste group. The dissent is evidenced in the testimony of women, especially that of the mother. But even here women do not evaluate the incidence of killing, as men do, for their social empowerment and prestige or honour. Many women of older generations repeatedly asserted: Hamaari ke izzat, admiyon ki izzat ho sai (What honour do we have? Only men have honour). However, as women's behaviour is open in continuous scrutiny and judgment, they are compelled to adhere to the community's expectations regarding its honour (which is not personal to them but the community of men), as also the punishment, in case of a breach. The hierarchy and power relations existing within the family effectively smother such dissent and successfully create a united front for the infliction of violence. A focus on honour advances patriarchal interest, and violence leads to reproduction of patriarchal power. There is clearly enormous power in institutionalized patriarchy to extract consent from women. Yet, the dissent indicates that cultural practices are also contested by individuals.

In other words, dishonourable conduct on the part of a daughter/sister which stigmatizes the family forever, leaving the parents shamefaced in front of the biradari, justifies in their eyes the extreme step of even killing her. This concept of honour is explained by sociologist Veena Das as operating at the expense of human sentiments and values. According to her, it demands a sacrifice of the natural ties created by

18 biology, and kinship morality stresses their transcendence.38 Consequently, the natural bonds of love and kinship are sacrificed for higher ends of morality and upkeep of honour. This behaviour is grounded on the belief that like social order, individual personality is also purified and lifted from a lower to a 'higher' self by means of sacrifice. A combination of morality, sacrifice, and honour absolves the criminals of this action and effectively takes away from the charge of killing the errant woman. Such a step is widely believed to be the right step and there is no condemnation of the crime or of the perpetrators of the crime. Yet, violent action against an errant woman does not merely have abstract transcendent value as pointed out by Veena Das. It is also a direct punishment for a woman and her lover for dishonouring the family/community, leading to a loss of status in community and society. So they must be punished. Very often this punishment takes the form of ad hoc justice in which the couple is killed in conformance with traditional norms. Death is seen as the only way to erase the taint of dishonour that a woman has brought to her family. Violence in such matters acts, and is supposed to act, as a deterrent factor.

As killing of a transgressive daughter who has brought dishonour to the family and caste is considered honourable, even a legal death sentence can be construed, and is construed, as the highest moral act of courage. The killers are hailed as moral guardians of the community. Such violence has complete sanction and legitimacy. State agencies consciously or unconsciously collude with the family and community in the upholding of patriarchal honour and norms. After all, state functionaries subscribe to the same norms and believe in the same overarching ideology.

38 Veena Das, Masks and Faces: An Essay on Punjabi Kinship, in Family, Kinship and Marriage in India 198-224 (Patricia Uberoi ed.,1993)

19 caste members and lies in their ability to enforce it within their own caste group, in which case they preserve it as violently as the higher-caste groups. Denied any claims of honour in relation to higher castes, the lower castes therefore become hypersensitive in defending it within their own group. Such a concept of honour can not only be claimed, but also defended and implemented.

Quite clearly, the concept of honour is neither accepted nor applied uniformly by all caste and status groups. It is essentially in egalitarian, based as it is on caste, class, status, and hierarchies. Any infringement of this selectively prescribed code of honour invites group pressure and violence. Violence notably underlines the existing ideology of honour. A major thrust of my interest in this work lies in understanding a culture that sanctions the disturbing escalation of gender-related violence in rural and semi- urban areas of north India. I attempt to explore the ideological and structural roots of such a widespread social phenomenon, offer an explanation of why such crimes are sanctioned and condoned in popular culture, and what makes for the complicity of most people cutting across social, gender, and age divides, and understand the social and state/political pressures which allow the perpetrators of violence to go scot free.

3.1 Gender and Honour Killing

It is important to note that, the crimes of honour are not restricted by gender. Men can also be the victims of honour killing by the family members of the woman with whom they are perceived to have an inappropriate relationship.39 Honour crimes although are targeting more often towards women, they are in no way restricted to women alone. For example, a report by Human Rights Commission of Pakistan analyzed the deaths of 97 men as well as 158 women in Karo-Kari honour killings in the province of Sindh, Pakistan.40

In the role of execution for the crimes of honour it is not always the men who plays the sole role, rather in many cases women plays a crucial part in the killings. Women are also key role players in ensuring the initial limits of sexual regulations and can also be party to decisions to kill women, including their own daughters

39Asirthomas, Afghan couple stoned to death Time of India August 16, 2010 at 9. 40Human Rights Commission of Pakistan, Amnesty International, 1999 at 6. http://www.amnesty.org/es/library/asset/ASA33/018/1999/en/9fe83c27-e0f1-11dd-be39- 2d4003be4450/asa330181999en.pdf (Accessed on May, 22, 2014).

20 In the year 2000, it was reported that 10 % of the crimes of murders committed in Egypt in 1999 were crimes of honour (sharaf).41 There were cases of girls with blocked hymens, their bellies swollen with menstrual blood, killed by family members who think they have fallen pregnant through illegitimate sexual relations; or girls whose stomachs swell with tumors, or girls whose periods stop due to anemia such conditions being revealed at the autopsy, along with the fact that the girl was a virgin.42

The figures in Table 1 are taken in July 2004 by the Federal Minister of Interior presenting the following national statistics to the senate (Pakistan‗s upper house). Between the period of 1998-2003, total reported killings were 4,101 in Pakistan. Out of which 1,327 were male and 2,774 were female. These figures are representative of the fact that, men also fall victim to honour crimes.43

Although there is no reliable method in such developing countries to verify the incidence of honour killings, since most of the killings are never reported. These figures lay out the minimum numbers, if not more. The noticeable trend of increasing male victims falling for the offence of honour killings is also a recent development. The researcher believes is largely due to the increase in awareness of the youth who dare to change the orthodox traditions which cause honour killings.

3.2 Crimes of Honour: Wider Spread

Crimes committed to uphold honour are not confined to north India. They are fairly widely spread not only all over India but also in the entire Asian subcontinent. India may lack the statistical evidence and even publicly deny the existence of such crimes in international fora,44 but its existence cannot be wished away. It is a harsh reality. The Asian immigrant communities in the West from India, Pakisthan, Bangladesh and

41 st RIZIQ. H., GIRLS SLAUGHTERED BY THE KNIFE OF HONOUR, 25 (1 ed. 2000). 42 Id at 26. 43 Source: The News, 10 July 2004. These figures were published in Pakistan‗s four major national English language dailies, albeit with slightly varying figures. Table Male Female Cases Compromised Pending in 1 - Reported Victims Victims registered Court total killed 4,101 1,327 2,774 3,451 2,028 1,262

44 S.S.Ahluwalia, the Indian representative at the United Nations Social, Humanitarian and Cultural Committee, firmly rejacted charge of honour killings of women saying the report of United Nation special rapporteur in this regard was based on hearsay and laked credibility. Indian Express, 12 October 2002.

21 East Africa, cutting across faith, age, caste, class, and racial group, continue to act on the premise that the honour and prestige of the family and community resides in the women who are brutally punished or killed if they are considered to have failed to comply with accepted norms and customs. The basic tenets of the traditional Asian family structure remain intact due to family and community pressure.45 Thus, any resistance to the customarily arranged marriage is taken as a matter of honour. This has resulted in a widespread phenomenon of forced marriages and murders of women (sometimes of couples).in America, Canada, and Britain.46 In Britain the involvement of radical black women's organizations, activists, politicians, press coverage, and extensive reporting of the problem led to the Home Office establishing a working group in 1999 to investigate and report on recommendations for tackling these issues. The recognition of this problem also led to an intensive study jointly coordinated by the London based CIMEL (Centre of Islamic and Middle Eastern Law), School of Oriental and African Studies and INTERIGHTS (The International Centre for the Legal Protection of Human Rights). It has resulted in the publication of a comprehensive bibliography of published material from books and journals, both general and regional, followed by case summaries from several countries. Published in August 2001, this bibliography is periodically updated.47 This exhaustively executed project has case summaries of published material from countries of the Asian subcontinent (India, Pakistan, Bangladesh, Nepal, and Sri Lanka), the Arab world (Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Syria, and Tunisia), the Mediterranean countries (Spain, Italy, France, Portugal, and Turkey), China, and Japan, as also from countries like Brazil, Australia, UK, USA, and others. The summaries highlight the fact that the concept of honour in relation to violence on women is not merely confined to the East but permeates even western societies. In the West it may not be as apparent s there has been a noticeable shift in the way body and gender are perceived. The concept of honour may also not be an overt rationale for many femicides in the West, yet its significance as a possible explanatory factor

45 K. Leonard, The management of Desire, R.S. Gupta, Walking on the Edge; C. Ballad, Arranged Marriages in the British Context. 46 Sara Hossain and Suzanne Turner, Abdication for forced marriage rights and remedies in Bangladesh and Pakistan. (https://www.soas.ac.uk/honourcrimes/resources/file55687.pdf) (Accessed on June, 6, 2014). 47 Crime of Honor http://www.utoronto.ca/wwdl/bibliography_honour/honour_cimel_interrights_wluml_OCP12_roundta ble.pdf (Accessed on April, 19, 2014).

22 cannot be negated.48 Moreover, if we accept that the basic element of honour crimes lies in rationalizing the murders of women, then such murders indeed emerge as a worldwide phenomenon. The fact that the notion of honour lies behind crimes against women and has existed over a period of time in different societies indicates their adaptability.49

This study throws up certain important issues that have wider connotations in view of the worldwide existence of this problem. A woman's right to choose, if, when, and whom to marry, is a fundamental human right. Provisions of the Indian Constitution on non-discrimination on the basis of sex, equal protection of the law, equality before the law, and the protection of life and personal liberty safeguard this right.50 At the international level, this right is guaranteed by a number of international human rights instruments, including Article 16 of the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW), which came into force in 1981. The problem has to be relocated in the human rights framework to enforce state obligation. So far the failure of the judicial system in ensuring effective protection of the right to choice in marriage, especially in the face of modem equitable law, and often the collusion of state agencies in sabotaging this right, has been alarming and dangerous. It has only reinforced the coercion of individuals by family/community. The ideological underpinning of all concerned is the same. The emphasis is lacking on a dynamic, liberal, and progressive implementation of the legal right. Instead, its infringement is aided by acceptance of customary norms that empower the family or community to take marriage decisions on behalf of two individuals. The widespread perception that marriage and decisions regarding marriage are 'personal issues' and are not matters implicating rights needs to be seriously critiqued.51

48 K. Araji, Crime of Honour and Shame: Violence against Women in Non-Western and Western Societies THE RED FEATHER JOURNAL OF POSTMODERN CRIMINOLOGY (http://www.critcrim.org/redfeather/journal-pomocrim/vol-8-shaming/araji.html) (Accessed on May, 24, 2014). 49 Id. 50 IND. CONST. Art. 21. 51 AFGHANISTAN, NATIONAL HUMAN DEVELOPMENT REPORT 2004, http://hdr.undp.org/sites/default/files/afghanistan_2004_en.pdf (Accessed on June, 2, 2014).

23 CHAPTER 4

KHAP PANCHAYATS, ITS STRUCTURE, FUNCTIONS AND CONTRADICTION WITH MODERN LAW

Figure 4.1: Major khap panchayats in India52

At the time of newly gained independence of India, it was felt that the land was difficult to administer due to its wide spread geographic area. The leaders of new independent India believed that people are best left to govern themselves and this was the ideology behind the freedom struggle. Implementing these principles they believed that due to the lack of infrastructure and administrative set up, it would be best to set up local governance structure which would deal with local village level affairs directly. This led to the growth of Panchayati Raj. "Panchayat" literally means assembly (ayat) of five (panch) wise and respected elders chosen and accepted by the local community.

What the leaders could not have envisaged was the mental freeze of culture and the problems it would create with coping up to the fast growing and modernizing India.

52 http://protibaad.wikispaces.com/file/view/Khap_Panchayat.pdf (Accessed on April, 23, 2014).

24 These values of local governance seemed to have been frozen in times of orthodox practices like Sati (practice of burning the widow on the pyre of her husband) and Untouchability (forbidding any interaction with lower castes in society). The traditional Panchayats represent the vox populi, and to go against them would be electorally suicidal. It is a fact that Panchayati raj (rule) is increasingly becoming a training ground for leadership at higher levels, and it is widely felt that the state leadership in Haryana (India) may emerge from these institutions53. Therefore, it receives plenty leverage from the higher state authorities when it comes to ultra vires decisions made by the Panchayats.

However, Khap54 (caste) Panchayats in some parts of India define their own laws by running their own parallel judicial institution to the courts. Not only do these Khap (caste) Panchayats declare marriages null and void, but go beyond by awarding death as a punishment in many cases. These killings are used to restore faith in the orthodox approaches of the rural people. They believe that these socially unapproved marriages must be punished by extreme measures, including death.

Legally speaking, under the Hindu Marriage Act (1955) which is the governing law of the land for hindus, on marriage in India, except for the observation of certain prohibited degrees of relationship, legal restrictions on the choice of marriage partner are almost non-existent. This implies that under the law, both agora (kin in the patrilineal line of descent whose members claim descent from the same gotra55 ancestor) and inter-caste marriages are permitted. Making the functioning of the Khap Panchayats not only obsolete but ultra vires the law. Yet, they still seem to flourish in north India due to the political support that they hold.

Culturally translated, the principle of village exogamy means that all men and women of the same clan, the same localized clan and the same village are bound by the morality of brother-sister and, therefore, that both sex and marriage are prohibited between members of any of these units.56

53 BATHLA, HAR BHAGWAN.PANCHAYATI RAJ AND POLITICAL PARTIES: AN EMPIRICAL STUDY AT st GRASS- ROOT LEVEL IN HARYANA.55-56 (1 ed.1994) 54 Khap is a particular area inhabited by lineage or caste or cluster of castes. 55 Gotra is a synonymous with clan, meaning thereby that all those who claim to have descended from one common ancestor are known as gotra or clan. 56 st HERSHM AN, P, PUNJABI KINSHIP AND MARRIAGE 103 (1 ed.1981).

25 Difference and hierarchy are the two most widely acknowledged and characteristic features of the caste system. To maintain these characteristics, the principle of strict caste endogamy has to be maintained. Inter-caste marriages lead to a blurring of the differences57 between different caste groups and disturb the recognized caste hierarchies. Therefore, anyone venturing to transgress this law is out-casted, expelled or worse killed as a result.58 For the execution of punishment, the khap Panchayats do not afford the luxury of having a standby executing police force, instead they count on irrational of mob thinking. This mob then makes believe to each member that their actions are a justified reaction. They consider such cleansing as mere settling of the disturbed balance.

4.1 STRUCTURE OF THE KHAP PANCHAYAT

According to Pradhan59, the Khap could be denned as a unit of a number of villages organized into a political council for the purpose of social control. The Khap area was inhabited either by a dominant caste that had control over most of its agricultural land, by a single clan or by more than one clan, each with a number of villages and being predominant in those villages. When a single clan had only few villages—say, four or five—other clans could also join into a common Khap for the purpose of their defense and control over their people. When a Khap was dominated by a single clan, its headship lay within that clan. When the number of clans exceeded one, the headship went to that clan that had more number of villages under its aegis.

The Khaps could be classified into the following types:60

(1) Those based on a single clan: In this category, a particular geographical area was dominated by a single gotra of a particular caste. The gotra had a sizeable number of villages in that area, for example, the Dahiya Khap, the Hooda Khap, the Malik Khap. the Sangwar Khap, the Sheoran Khap, and so on—all of which were located in Sonepat, Rohtak, Bhiwani, the districts of Haryana—and the Balyan Khap in the Muzaffarnager district of Uttar Pradesh. These Khaps had between

57 PREM CHOWDHRY. CASTE PANCHAYATS AND THE POLICING OF MARRIAGE IN HARYANA: st ENFORCING KINSHIP AND TERRITORIALE 155-158(1 ed. 2005) 58Ammu Joseph, No honour in murder (Judgement of Monaj and Babli case), Hindustan Time, New Delhi, May 27, 2011. 59 st M.C. PRADHAN,THE POLITICAL SYSTEM OF JATS OF NORTHERN INDIA, 114-15 (1 ed. 1966). 60 Id at 115.

26 40-84 villages. The people of other gotras also lived in these villages, but they were fewer in number. While other castes like the Scheduled castes and the Backward Castes also resided in these villages, the power and the major landholding lay with the majority gotras.

(2) Those based, on single-caste but multi-gotra: Such types of Khaps consisted of entire villages which were dominated by a single caste, with some of the villages dominated by various gotras. The Chaubisi organization of 24 villages of Meham in the Rohtak district of Haryana is an example of such a Khap.

(3) Those based on multi-caste and multi-gotras: Such Khaps had villages in a particular geographical area, of which some villages were dominated by a particular caste and other villages by other castes but with different gotras. These different castes which dominated such Khaps enjoy more or less equal status in the caste hierarchy and own the major landholding in these villages. The Bawal Khap of Chaurasi in the Rewari district is an example of such a khap.

Broadly speaking, there were four categories of Khap Panchayat: Sarv Khap Panchayat, Khap Panchayat, Tappa or Kanni Panchayat and the ubiquitous village panchayat. The Sarv Khap was the combination of many Khaps of neighboring areas, but sometimes representatives of other Khaps from far away also participated in it. The size of the Sarv Khap depended upon the nature and seriousness of the issue involved. Participation in a Sarv Khap by representatives of other Khaps was voluntary but only on invitation. Women were not allowed to participate in panchayats at any level, whether it was the Sarv Khap, the Khap (Tappa) or even the village panchayat. Women were not even allowed to put their views in the panchayat in cases related to women. Similarly, the lower castes and the Scheduled Castes did not participate in these panchayats. Sarv Khap Panchayats were held only when some serious issues were discussed. The panchayats were held very rarely. Such panchayats could also be caste-specific.61

The Khap for a dominant clan or caste included all castes falling under its jurisdiction. Each Khap had a pradhan, which was a post sometimes hereditary and sometimes nominated on the basis of the pradhan‘s reputation for fair play, his power or

61 Kavita, Supra note at 304.

27 argument and his socioeconomic position in the area. Where the matter under consideration was of a wider significance, the decisions were binding on the other castes as well. In lesser matters, different castes could hold their separate panchayat on the pattern of that of the upper caste. If the dispute was inter-caste, it was decided by the Khap Panchayat of the upper caste or clan, in which the lower caste people also participated. The lower castes were expected to follow the norms and traditions of the upper castes that fell under the jurisdiction of the Khap. For example, the minority caste would also follow the principle of Khap bhaichara or gotra bhaichara. Therefore, the rule of exogamy was applied in cases of marriage among these castes.

The Khap may be sub-divided into sub-units consisting of two to 12 villages based on the principle of local contiguity, kinship proximity and ties of economic and social interaction between the villagers. Of these villages, one village is usually larger than the others. According to Pradhan,62 a group of villages known as Tappa or Kanni or Ganawad, have some feeling of commonness that binds them into one unit.

These villages can organise a panchayat which is known as the Tappa Panchayat or the Kanni Panchayat. These panchayats are open to participation and discussion irrespective of caste. It is only when this panchayat fails to resolve an issue that th matter is taken up at the Khap level. There is no hereditary pradhan at the tappa or kanni level. An influential person from the dominant caste who is considered a man of integrity and has the capacity to influence decisions is nominated as pradhan for a particular panchayat. Sometimes, lower caste people also invite into their panchayat an influential person from the upper castes to resolve issues to ensure that their decisions gain wider acceptance63.

62 Pradhan supra note 59, at 117. 63 Kavita supra note 11 at 304.

28 4.2 Functions of the Khap Panchayat

Figure 4.2

STRUCTURE OF THE TRADITIONAL PANCHAYATS

SARV KAP PANCHAYAT

Khap Khap Khap Khap Khap Panchayat Panchayat Panchayat Panchayat Panchayat

Tappa or Tappa or Tappa or Tappa or

KanniPanchayat KanniPanchayat KanniPanchaya KanniPanchayat

Village Village Village Village

Panchayat Panchayat Panchayat Panchayat

29 When we deal with the functions of the various Khap councils, my focus centers on how these councils help to maintain the social order by controlling fissile tendencies or by managing conflicts within the jurisdictions of various councils (See Figure 4.2). These councils establish and maintain internal cooperation and external independence64. During the medieval period, the Khap and Sarv Khap councils had some executive and administrative functions such as land revenue collection and the general administration of the Khap area. These panchayats also worked for the social welfare of the people failing under their jurisdiction. These functions had legitimacy in the traditional role of the Khap Panchayat.65

4.2.1 Sarv Khap Panchayat:

Sarv Khap Panchayat consists of neighbouring Khaps in an area. There is no fixed number of Khaps in the meeting of a Sarv Khap Panchayat. The numbers depend upon the seriousness of the issue under contention and whether or not an invitation has gone out to a Khap pradhan. The number of Khaps taking part in a Sarv Khap may range from eight to 50 Khaps, or sometimes even more. Participation in the Sarv Khap is open to all members of the khaps that come together on a particular issue. However, it is the pradhan of a Khap who calls the meeting of the Sarv Khap when an issue between two Khaps needs to be resolved or when the issue is of a serious nature. The Khap pradhan informally discusses the issue at hand with the other pradhans before participating in the Sarv Khap just in order to mobilise opinion in a manner that would appeal to a larger section of the community according to the past practice norms of the moral code of conduct.

The host Khap makes arrangements for tea, meals and the huqqa (smoking pipe) for the Khap pradhans and the other participants. The president or secretary welcomes the delegates. Since there is no hereditary pradhan of the Sarv Khap, one of the seniors among the Khap pradhan is nominated as the pradhan of the meeting of the Sarv Khap for that particular day. The nominated pradhan controls the proceedings of the Sarv

64 st SCHAPERA, I., GOVERNMENT AND POLITICS IN TRIBAL SOCIETIES. INDIA, 123(1 ed. 1956). 65Navratan Singh Fateh, Honour Killing, University of Toronto 20 (2012) https://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&ved=0CDsQFjAD&url=htt ps%3A%2F%2Ftspace.library.utoronto.ca%2Fbitstream%2F1807%2F33417%2F7%2FFateh_Navratan _S_201211_LLM_thesis.pdf&ei=iJ- QU8WBKsaiugTtpILwAw&usg=AFQjCNG1eRYDhLee6DARltTaTTj0fMKTEw&sig2=M01mbrTA DNaNzkWc9zwO4A. (Accessed on June, 16, 2014).

30 Khap Panchayat till a decision is arrived at. The Sarv Khap pradhan asks the host Khap to present the issue before the gatherings of the Khap pradhans and other participants. After the detailed history of the case has been presented, the other Khap pradhans are invited to put their views before the meeting. After hearing out all the speakers, a smaller committee of 10-15 Khap pradhans is constituted to reach a consensus. Before the decision is announced, a hand count shows whether the decision of the Sarv Khap Panchayat would be acceptable to everyone. If the issue is related to all the Khaps, it becomes the duty of each Khap to implement the decision in its respective jurisdiction. But if the issue is related to a particular Khap, then the concerned Khap is supposed to abide by the decision of the Sarv Khap. These decisions are informal but announced at the gatherings, so that they are accepted and conveyed to all the Khaps. If a decision is not implemented by the Khap in question, then a meeting of the Sarv Khap involving more Khaps is called again to reinforce the earlier decision.66

The effectiveness of the Sarv Khap decision depends upon the type of issue, the nature of the decision, community feelings, and unity and solidarity between the different Khaps. The sense of community feeling, cooperation, a traditional value system and the feeling of bhaichara provide the main strength to the institution of the Sarv Khap Panchayat. The main role of the Sarv Khap is to maintain peace and harmony between various Khaps by settling disputes between them or by passing resolutions related to the social welfare of the people such as education of girls, ban on female feticide and dowry, limited expenditure in marriages and so on.

The Khap Panchayat is still considered a powerful institution for resolving disputes in reinforcing traditional norms and value system. The Khap Panchayat acts as the sole adjudicative, rule-making and rule-enforcing body. When the decision of the Khap is violated by any individual, group, family or village, the Khap tries to act as an executive body. It also acts as a legislative body when issues are related to the welfare of the people.

66 Sangwan infra note 69 at 339.

31 4.2.2Tappa or Kannu Panchayat:

If the tappa or kannu which forms the third layer of the Khap Panchayat fails to decide the dispute, the matter is referred to the Khap. The complaint is sent to the Khap chaudhary, who calls a meeting of the representatives of the tappa or kanni pradhan along with other influential persons of the Khap. Who can also participate in its proceedings? If the Khap is of single gotra, most of the participants are from the same gorra; but if Khap consists of multi-gotras, the representatives of the different gotras take part in it. Similarly, in case of a multi caste Khap, representatives of the various castes take part in its proceedings. Once the decision is taken by the Khap with the consensus of its constituents, it becomes the duty or its clan or caste representative of various tappas or kannis to see to it that the decision of the Khap is implemented. If somebody is found violating the decision of the Khap, sanctions are imposed by the Khap so that the sanctity of the Khaps decision is maintained. The Khap continues to be one of the most effective institutions of social control, at least in northern India.

4.2.3 Village-Level Panchayat:

The next is the village-level panchayat, where common people can also express their views. This gives an opportunity to young people to show their capabilities of leadership. The procedure of decision-making here is similar to that in the Khap Panchayat.

The village panchayat decides day-to-day issues by calling a meeting of influential persons in the village. When issue comes to the village pradhan, he asks the village chowkidar to announce the assembly of the panchayat, along with the date and the time of assemblage. Most of village elders usually assemble at the centre of the village and express their opinion freely. People from the neighbouring villages do not participate in village panchayats. Both contending parties are invited to put their views before the assembly, which can sometimes lead to heated exchanges. The village elders regulate the discussion by not allowing direct accusations by either party. The discussion helps both in letting off steam and in providing a solution to the problem. After listening to both parties, the panch move aside from the panchayat and discuss the issue. Before announcing the decision, the consent of both parties is taken that they will abide by the decision. Only then is the decision, which is now binding on both the parties, announced.67

67 Pradhan supra note 59, at 117

32 4.3 Social Sanctions

Social sanctions, the most important part of traditional dispute resolution systems, help the panchayat in the implementation of their decisions. The fear of social sanction acts as a deterrent on the minds of individuals and families which might be tempted to violate traditional norms68. Panchayats from the village to the Sarv Khap levels have their own methods of meting out punishment to their members, depending upon the manner of deviation from the norms of the village, caste or Khap or the type of crime committed. For acts such as theft, fraud, blackmail, physical violence, and so on, most punishments are in the form of fines. Murder, incest and inter- caste marriages, on the other hand, invite far more severe punishment such as expulsion from the village or caste, an end to sharing huqqa, water or meals, and excommunication or ostracism from the caste or group or even from the village or Khap.69 Of these, excommunication is considered as the most extreme form of sanction available to a panchayat70. Another extreme form of punishment is asking a person or family to leave the village or Khap territory. This kind of punishment is announced only in extreme cases such as rape, incest and inter-caste marriage. Inter caste marriage is considered a serious crime only when a girl from an upper caste marries a boy from a lower caste, especially one of the Scheduled Castes.

4.4 Khap Panchayat and Modern Law: A Contradiction

Traditional panchayats, from the Sarv Khap Panchayats to village-level panchayats, have existed in India for many centuries. The importance of these panchayats was recognized by various rulers, especially the Mughals and the British71. Although the British tried to create a modern legal system of dispute resolution by setting up courts of law, they rarely interfered in the functioning of the traditional panchayats. Before Independence, these traditional panchayats acted as a unified force in favor of or against the then rulers. The major basis of their strength was the concept of bhaichara on gotra, caste or territorial basis. This system believed in gotra, village and Khap exogamy but caste endogamy. In addition to this, the panchs—-the five judges in a

68 Chander Suta Dogra, Jeans, mobiles and khap panchayats The Hindu Oct 19, 2013. http://www.thehindu.com/todays-paper/tp-national/jeans-mobiles-and-khap- panchayats/article5250022.ece (Accessed on June, 18, 2014). 69 st SANGWAN K.S., KHAP PANCHYATS IN HARYANA: SITES OF LEGAL PLURALISM 331-351 (1 ed. 2008). 70 st MANDLEBAUM, DAVID G. SOCIETY IN INDIA. BERKELEY 58 (1 ed.1972). 71 Pradhan, supera note 59, at 96-97.

33 panchayat—were considered to be gods and their authority went unquestioned. The basis of this legitimacy for the panchs was drawn from their reputation for fair play, the absence of expenditure in proceedings and their attempts to arrive at negotiated settlements between contending sides involving the larger community and the maintenance of bhaichara at all levels.

These panchayats not only acted as agencies of dispute resolution at the community level, but also helped in maintaining peace and harmony between different castes or communities living in their jurisdiction. Therefore, these traditional panchayats were considered the supreme authority by the people in the rural areas. The Mughals recognized the popularity and authority of the Khap Panchayats; therefore, emperors like Akbar and Bahadur Shah accorded them full freedom. In a letter to the pradhan of the Balyan Khap, Akbar wrote: ―Every community and the khap of the Jats of the Doab have the freedom to carry out their function according to their ancient customs and within their respective councils‖72.

The introduction of modern law and the creation of courts by the British affected the functioning of the Khap Panchayats. After Independence, education, the recognition of the individual rights, adult franchise, the introduction of panchayati raj institutions at village, block and district levels, state and parliamentary elections, urbanization, economic independence and other such factors provided opportunities to the individual to come out of traditional system and moral ideology of bhaichara. Today, individuals have other options to pursue their goals, options that were earlier confined to the family, the village of the Khap.

However, the question that arose after the introduction of the modern legal system and other democratic institutions was that now the individual could express his or her desire, and could get disputes resolved without the pressure of gotra, caste or community, why and how were the Khap Panchayats continue to be relevant? Analyzing the support base of Khap Panchayats, it is obvious that the pradhan of the different Khaps and the masses at large feel that these panchayats take decisions on the basis of common moral values, old traditions, and customs prevailing in the society. The concept of bhaichara at the village and Khap levels is another factor in favour of maintaining solidarity within the community. Panchayats are held in the

72 Pradhan, supera note 59, at 104.

34 open, and people from different walks of life can participate in them: this makes it possible for the issue to be debated at length and consensus to be arrived at before a decision is announced. Khap pradhans are of the opinion that these Khap Panchayats do justice and do not announce decisions contrary to those pronounced in the courts of law. Since these decisions do not involve victory or defeat for either of contending party, there is scope for both parties to consent to the decision of the Khap Panchayat without continuing their hostility.

These pradhans justify the relevance of the Khap Panchayats by comparing the dispute resolution by the courts and the Khap Panchayats. They say that getting justice in a court of law is beyond the reach of the common person. It is very time consuming, involves huge expenditure, and there are procedural problems like the destruction of evidence and witness hostility. The common people are not familiar with functioning of the legal institutions. Even if a decision is announced by a trial court, it can be challenged in a higher court by the other party. Legalities, therefore, not only consume a lot of time and resources, they could eventually leave people unsatisfied with a decision. Furthermore, even after coming out victorious, the hostility between the two parties could continue for many years. Since modern law recognizes the individual and his or her rights, and is based on rationality, the legal system, therefore, undermines the importance of the traditional concept of bhaichara especially traditional marriage norms based on village, gotra and Khap exogamy and caste endogamy. The moral ideology, which formed the basis of all these and other behavior patterns, loses its force before modern law. In addition to the above factors, the individualistic approach to achieving one‘s goal has further, affected the importance of the Khap Panchayats in modern times.73

The major contradictions which the Khap Panchayats are facing are that they still hold tradition and a particular morality very dear. The cases related to marriages where the individuals or families have violated the old tradition of village and gotra bhaichara the other hand legal system favours the action taken by these individuals or families. The intervention of 'the court in these cases has challenged the authority of the Khap Panchayats for having taken decisions which violate the rights of individuals.

73 Sangwan supra note 69.

35 On the one hand, the Khap leaders have to behave according to the will of the dominant groups, such a will is based on traditional norms and customs and from where they draw their support. On the other hand, modern law tries to protect the human rights of the individual, especially when traditional systems violate them.

These dichotomies have, in some cases, raised criticism of certain decisions of the Khap Panchayats. In October 2004, the Punjab and Haryana High Court asked the Government of Haryana about the functioning of the Khap Panchayats, which at times take law into their own hands and pronounce decisions, which violate human rights. Neither the State nor the political parties want to come out openly against the Khap Panchayats. The Khap Panchayats also do not want to come out openly against the verdicts of the courts.74

If we want to make the dispute resolution system more rational and effective, we have to involve local communities in such a manner that they also acquire some legal knowledge and understanding of human rights. There are positive aspects of traditional dispute resolution systems which cannot be completely discounted. Rather, we should be able to strike a balance between these community based forms of dispute resolution and modern justice systems.

74 Kavita supra note 11, at 305.

36 CHAPTER-5 TH JUDICIAL APPROACH TOWARDS HONOUR KILLING

There is no specific law to deal with honour killings. The murders come under the general categories of homicide or manslaughter. Sometimes the honour killings are also done by a mob and so when a mob has carried out such attacks, it becomes difficult to pinpoint a culprit. The collection of evidence becomes tricky and eyewitnesses are never forthcoming. But still even though we don‘t have any law to deal with it specifically in India but we have judicial precedence over it. There are also some bills which are in the latent stage against the honour killings, which are planned to be introduced in the parliament sooner.

At this juncture, the decision of the Supreme Court in Arumugam Servai v. State of Tamil Nadu75 is noteworthy. This case arose in the context of violation of certain provisions of Schedule Tribe and Schedule Caste (Prevention of Atrocities) Act, 1989. The Court in this case, based upon the principle of equality and life, liberty and pursuits of happiness –from the American Constitution- identified certain practices prevalent in India which also included the human rights violation carried out by Khap Panchayats.

The Supreme Court observed and directed as follows:

We have in recent years heard of ―Khap Panchayats‖ (known as ―Katta Panchayats‖ in Tamil Nadu) which often decree or encourage honour killings or other atrocities in an institutionalised way on boys and girls of different castes and religion, who wish to get married or have been married, or interfere with the personal lives of people. SC has the opinion that this is wholly illegal and has to be ruthlessly stamped out. As already stated in Lata Singh case, there is nothing honourable in honour killing or other atrocities and, in fact, it is nothing but barbaric and shameful murder. Other atrocities in respect of personal lives of people committed by brutal, feudal-minded persons deserve

75 (2011)6 SCC 405.

37 harsh punishment. Only in this way can we stamp out such acts of barbarism and feudal mentality.

―Hence, SC directs the administrative and police officials to take strong measures to prevent such atrocious acts. If any such incidents happen, apart from instituting criminal proceedings against those responsible for such atrocities, the State Government is directed to immediately suspend the District Magistrate/Collector and SSP/SPs of the district as well as other officials concerned and charge-sheet them and proceed against them departmentally if they do not (1) prevent the incident if it has not already occurred but they have knowledge of it in advance, or (2) if it has occurred, they do not promptly apprehend the culprits and others involved and institute criminal proceedings against them, as in our opinion they will be deemed to be directly or indirectly accountable in this connection‖

The actions of Khap Panchayats are extremely relevant for the consideration of Justice Verma Committee in the context of crimes against women, on the basis of gender, since one of the most prevalent practices employed by Khap Panchayats to enforce their decisions is that of ―honour killing‖..

The Supreme Court, in Lata Singh v. State of UP76, took cognizance of such practices, where life threats were meted out to a girl who married outside her caste of her free will. Upon taking note of the facts of her case the court observed as follows:

―We sometimes hear of ―honour‖ killings of such persons who undergo inter- caste or inter-religious marriage of their own free will. There is nothing honourable in such killings, and in fact they are nothing but barbaric and shameful acts of murder committed by brutal, feudal-minded persons who deserve harsh punishment. Only in this way can we stamp out such acts of barbarism.‖

Generally ―honour killing‖ and ―honour crimes‖ are used to describe the incident of violence and harassment caused to young couple intending to marry or having married against the wishes of the community or family members. But killing in the name of

76 Lata singh Vs State of Uttar Pradesh and others 2006(5) SSC 475

38 honour of a person upon the belief that the person has ‗dishonoured‘ the family has been prevalent in our part of the world.

The Law Commission, in its 242nd Report (2012), observed as follows:

―In so far as the caste or community panchayats play a constructive role in addressing the common problems concerning the society or amicably settling the disputes between the local inhabitants and families, dissuading the people from a criminal path, the mission and the work of these village elders and Panchayatdars can be commended; but, if they exceed their limits, as it is often happening, impose their decisions in matters relating to matrimony and interfere with the legitimate choices of youngsters and indulge in acts of endangering their life and liberty, the law cannot remain a silent spectator in our progressive democratic polity wedded to cherished constitutional values.‖77

5.1 Justice Verma Committee Report (2013)

In India, ―honour killing‖ is being practiced against young couple marrying either against the wishes of their family or marrying outside their caste or religion which are regarded as ―objectionable matrimonies‖78 Khap Panchayats have been adopting this course to enforce their diktat ―by assuming to themselves the role of social or community guardian‖. Where a murder is committed in the name of culture and honour, it has been regarded as less serious than murder and members of the communities are found to have condoned the killing.

As women have largely been targets of ―honour killing‖ it is extremely important for the Justice Verma Committee to take note of this social menace and atrocities against woman. Therefore, with the intention of checking any unwarranted interference by the members of such panchayats, who would resort to criminal intimidation by the members of unlawful assembly to secure compliance with illegal assembly, the Law Commission of India was assigned the task to examine the need to have a separate legislation to curb ―honour killings‖ in cases of matrimonial choices.

77 Prevention of Interference with the Freedom of Matrimonial Alliances (in the name of Honour and Tradition): A Suggested Legal Framework. Law Commission of India. August 2012 at16. 78 Id at 19

39 5.2 The Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011

The 242nd Law Commission Report recommended a bill entitled ―The Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011 which prohibited a person or any group of person from gathering, assembling or congregating at any time with the view or intention of condemning any marriage, not prohibited by law.‖However, the Commission did not find it appropriate to suggest an amendment to section 300 of the IPC to include honour killing as a separate offence79. The Commission is of the view that there is no need for introducing a provision in Section 300 IPC in order to bring the so-called ‗honour killings‘ within the ambit of this provision. The existing provisions in IPC are adequate enough to take care of the situations leading to overt acts of killing or causing bodily harm to the targeted person who allegedly undermined the honour of the caste or community. The motive behind killing a person does not furnish real justification to introduce a separate provision in section 300; the addition of such clause may create avoidable confusion and interpretational difficulties.

5.3 The contradiction on principle of awarding death sentence:

It is pertinent to note that the Supreme Court in Bhagwandas v. State (NCT of Delhi)80 had opined that ―honour killing for whatever reason would come within the category of rarest of rare case deserving death penalty.‖

The Law Commission commented upon the decision of the Supreme Court in Bhagwandas as being contrary to the settled principle of awarding death sentence in the Bacchhan Singh81 case. The Law Commission observed thus:

―Before we conclude this Report, we would like to refer to one recent decision of the Supreme Court wherein a direction of far reaching consequences has been given by the Supreme Court while laying down the proposition that the so-called honour killing comes within the category of rarest of the rare cases deserving death punishment. It was observed ―this is necessary as a deterrent for such outrageous, uncivilized

79 Law Commission supra note 77 at 25-26. 80 Bhagwandas v. State (NCT of Delhi) (2011) 6 SSC 396. 81 Bachan Singh V. State of Punjab (1980) 2 SCC 684.

40 behaviour. All persons who are planning to perpetrate ‗honour killing‘ should know that the gallows await them‖. This decision in Bhagwan Das Vs. State (NCT of Delhi) [(2011) 6 SCC 396] as well as the decision in Arumugam Servai(supra) were rendered by the same Bench. A copy of the judgment was directed to be sent to all the High Courts who shall circulate the same to all the Sessions Judges. Following this judgment, in the recent times, as seen from the newspaper reports, almost all the accused in the so-called honour killing murder cases were sentenced to death by the Sessions Courts in U.P. and Delhi. With great respect, we are constrained to say that such a blanket direction given by the Supreme Court making death sentence a rule in ―honour killings‖ cases, makes a departure from the principles firmly entrenched in our criminal jurisprudence by virtue of a series of decisions rendered by larger Benches of Supreme Court, for e.g. Bachan Singh Vs. State of Punjab and Machhi Singh Vs. State of Punjab. It is settled law that aggravating and mitigating circumstances should be weighed and it is only in very exceptional and rare cases, death sentence should be imposed. Death sentence, in other words, is a last resort. Further, where there is more than one accused, the degree of participation and culpability may vary. It is needless to emphasis that each case must be judged by the facts and circumstances emerging in that case. No hard and fast rule can be laid down in the light of the Supreme Court‘s consistent approach towards death sentence vs. life imprisonment issue. This judgment in the case of Bhagwan Das is bound to create uncertainty in the state of law and we are sure that in the near future, the correctness of such proposition will be tested by a larger Bench of Hon‘ble Supreme Court.‖

Law commission expect the State to ensure that these institutions will not interfere with the choices made by men and women in respect of marriage, as emphasized by the Supreme Court.

On June 23, 2008 Justice K.S. Ahluwalia of the Punjab and Haryana High Court made a revealing observation while simultaneously hearing 10 cases pertaining to marriages between young couples aged 18-21: ― The High Court is flooded with petitions where..... Judges of this court have to answer for the right of life and liberty to married couples. The State is a mute spectator. When shall the State awake from its slumber and for how long can Courts provide solace and balm by disposing of such cases?‖

41 On June 22, 2010 the Supreme Courts issued notice to the central Government and nine states in the face of rising Honour killing across the country on the Public Interest Litigation filed by Shakti Vahini. The court wants to know what steps are being taken to curb such violence.82

A vacation bench comprising Justices R M Lodha and A K Patnaik issued notices on a petition filed by an NGO Shaktivahini alleging that young couples who dare to defy their families or Khap Panchayat in the matter of marriage are under constant threat from them. It noted the sudden rise in the incidents of honour killing at the instance of Khap anchayats.

Among the states which have been directed to respond to the PIL are Haryana, Punjab and Rajasthan. The apex court had earlier refused to entertain a petition seeking directions to the government to amend Hindu Marriage Act to declare same gotra marriage as illegal.83

5.4 Honour Killing: Need for Legislation to Deal with it

The Central Government has made its view clear that it is coming out with a new legislation. Under the proposed law, members of the khap panchayats or the victim‘s families, if their action results in the death of the person or persons who they feel went against the tradition or wishes of the khap, will be punishable with the sentence of death or life imprisonment. In such cases, the entire panchayat will be held responsible. More importantly, the proposed law put the burden of proof on the accused, thereby making them responsible to prove their innocence in the event of death taking place due to their actions84.

5.4.1 Salient Features of the Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011

We may broadly indicate the general lay out and the main features of the proposed legislation. Given the fact that the powerful influence of the caste or community

82 Ravi kant, Honour killing and the need for new legislation , https://indialawyers.wordpress.com/2010/07/03/ (Accessed on July, 6, 2014). 83 http://www.indlaw.com/search/news/default.aspx?7910e877-e3b5-4b92-a82f-8bf8bae46470. (Accessed on June, 12, 2014). 84 Bill in Parliament to curb honour killing: Moily. http://english.samaylive.com/nation/676466616.html (Accessed on June, 12, 2014).

42 Panchayats and the aggressive role played by them in controlling the freedom of choice of the marrying couple is the root cause of honour related crimes, there must be a check on such unwarranted interference by the members of Panchayats. The couple marrying against the wishes of members of the bodies like khap panchayats ought not to be driven to a state of insecurity and misery. Their life and liberty is ‗endangered‘ because they are exposed to threats and socio-economic deprivations. The close family members of the couple are also brought in to the picture to enforce the diktats of such informal body of panchayats/ councils. This is directly affecting the community and the family life in the villages, thereby posing a threat to social order and peace. As there is a need to divest the panchayatdars or caste ‗elders‘ of their self assumed hegemony and controlling influence in these matters, this Bill has been thought of, on balancing various considerations. It is proposed that there should be a threshold bar against the congregation or assembly for the purpose of disapproving an intended marriage or the conduct of the young couple and this objectionable conduct of the panchayatdars should be brought within the purview of penal law. A preventive provision prohibiting such assemblies and penalizing the participation in such assemblies has also been introduced.

5.4.1.1Unlawful Assembly

Having rendered the convening and conduct of such assemblies unlawful and punishable under law, consequential penal provisions dealing with offences committed in relation thereto have been proposed. Two sections are proposed to be introduced, i.e., Section 3, which makes punishable the acts endangering liberty, which are also particularized in the Section. The other Section, i.e., Section 4 would deal with criminal intimidation by the members of unlawful assembly or others to secure compliance with the illegal decision of the assembly. Such acts of criminal intimidation which are punishable under the general law, i.e., the Indian Penal Code have been specifically introduced for the purpose of meting out higher punishment to those members of unlawful assembly. The other penal provisions and the situations referred to above are not taken care of nor covered by the provisions of Penal Code. At any rate, there is a room for doubt as regards the invocation of the provisions of IPC. However, the criminal acts other than those falling under the three penal provisions of the Act can still be dealt with under the provisions of the Penal Code including the provisions relating to abetment and conspiracy. For instance, if a persons who is a party to the unlawful

43 assembly has committed or abetted the commission of an offence of grievous hurt against the targeted couple or one of them or their relatives, the IPC provisions will be attracted. That is why Section 5 has been introduced to make it clear that the provisions of Sections 2, 3, and 4 of the proposed Bill are without prejudice to the provisions of IPC. In order to have sufficient deterrent effect, mandatory minimum punishments have been prescribed while taking care to see that such punishment has an element of proportionality.

5.4.1.2 Government authorities and its power

Apart from these penal provisions, a specific section has been proposed to empower the District Magistrate or the SDM to take preventive measures and a further obligation is cast on them to take note of the information laid before them by the marrying couple or their family members and to extend necessary protection to them. The officials are made accountable for the failure or omission on their part to take necessary steps to prevent unlawful assembly (caste panchayats, etc.) or to give protection to the targeted couple. It has been provided that the offences shall be tried by a Court of Sessions in the District presided over by the Sessions Judge or Additional Sessions Judge as notified by the High Court. The need for constitution of special courts can be reviewed at a later stage. The offences are cognizable, non-bailable and non-compoundable.

The overlapping with the provisions of IPC has been, as far as possible, avoided. Though, at first look, it may appear that the offence of unlawful assembly is nothing other than what we find in Section 141 of IPC, it needs to be pointed out that the unlawful assembly of the kind contemplated by the proposed Bill does not strictly fall within the scope of the said section. The ingredients of ‗unlawful assembly‘ under the Indian Penal Code and the unlawful assembly contemplated by Section 2 of the proposed Bill are not the same. Moreover, a punishment higher than that prescribed for unlawful assembly under IPC has been prescribed under Section 2. As regards Section 4 dealing with criminal intimidation, as already clarified, this Section has been introduced with a view to provide for higher punishment in the case of acts of criminal intimidation by the members of unlawful assembly within the meaning of this Bill. Thus, the provisions of the proposed Bill coupled with those in IPC would, it is hoped, be effectively able to combat the menacing trend of dastardly actions and drastic social sanctions directed against the hapless young couple and their families.

44 CHAPTER -6 DATA ANALYSIS

In this chapter, various questions asked to the respondents, their responces / answeres were tabulated and analysed with the help of SPSS shoftware and findings are presented and discussed bleow.

Khap Panchayat

Khap is a form of grouping, which may comprise of more than one village. Sometimes these villages comprised of people belonging to the same gotra (clan) or caste or multi-gotra or multi-castes.

The Khap Panchayat as a social institution has a long history. These institutions functioned as a public forum for resolution of difference by providing a platform for direct negotiations between the disputants from such village or villages which fell under Khap. The decisions meted out by the Khap Panchayat would bind the parties, and in a rare case, the dissatisfied party may apply for review to Sarv-Khap, which functioned as a higher assembly of representatives from all neighbouring Khap

45 Table no 1 Whether respondents family members were members of khap panchayat.

Frequencies Table no 1

Cumulative Khap member Frequency Percent Valid Percent Percent Yes 36 63.2 63.2 63.2

No 21 36.8 36.8 100.0 Total 57 100.0 100.0

PIE CHART

Yes 63.2%

No 36.8%

Result of Frequencies Table No 1

The main aim of the study is to find out the role of khap panchayat in the cases of honour killings. To achieve the desired objective, question was asked to respondents to state whether their family members were members of khap panchayat. The above table indicates that63.2% (n=36) respondent out of total interviewed were members of khap panchayat and 36.8% (n=21) respondent were found to be not connected with khap panchayat.

46 Table no 2 Respondents family members and relationship their, who were members of khap panchayat.

Frequencies Table 2

Frequency Percent Valid Percent Cumulative Percent Father 6 10.5 10.5 10.5 Uncle 4 7.0 7.0 17.5 Yourself 6 10.5 10.5 28.1 Brother 3 5.3 5.3 33.3 Husband 4 7.0 7.0 40.4 Father in law 5 8.8 8.8 49.1 any other relative 8 14.0 14.0 63.2 N.A. 21 36.8 36.8 100.0 Total 57 100.0 100.0

PIE CHART

Result of Frequencies Table 2

It is evident from previous table that 63.2% of the total respondents acknowledged that their family members were members of khap panchayat. To deeply analyse the previous question, respondents were asked to state which family member were directly connected with khap panchayat. Table indicates that 10.5% of the total respondents acknowledged that either they themselves were member of khap panchayat or their father were members of khap panchayat. About 7 % of the total respondents interviewed stated that their uncle or husband were members of khap panchayat. Nearly 8.8% of the total respondents stated that their father in law were member of khap panchyat.

47 Table no 3 Khap panchayat is active in respondent locality.

Frequencies Table 3

Cumulative Khap panchayat Frequency Percent Valid Percent Percent

Yes 53 93.0 93.0 93.0

No 4 7.0 7.0 100.0 Total 57 100.0 100.0

PIE CHART

Yes 93%

No 7%

Result of Frequencies Table 3

From above Table it is observed that 93% of total sample said that khap panchayat is active in their area. Comparatively a lower figure of 7% was obtained of those who denied that khap panchayat is active in their area. This is shocking data reveals that in modern time people still follow traditional justice system.

48 Table no 4: Khap panchayat interfere in matrimonial matters.

Frequencies Table 4

Cumulative Frequency Percent Valid Percent Percent

Yes 43 75.4 75.4 75.4

No 14 24.6 24.6 100.0 Total 57 100.0 100.0

PIE CHART

Result of Frequencies Table 4

The main aim of this study is to find out the role of khap panchyat in honour killings. From the above it is observed that 75.4% of total respondents said that khap panchayat interfere in matrimonial matters. Comparatively a lower figure of 24.6% was obtained of those who denied that khap panchayat interferes in matrimonial matters.

49 Table no 5: Election for a member of khap panchayat.

Frequencies Table 5

Cumulative Election Frequency Percent Valid Percent Percent

Yes 10 17.5 17.5 17.5

No 47 82.5 82.5 100.0 Total 57 100.0 100.0

PIE CHART

Result of Frequencies Table 5

The above table depicted a Shocking data, out of the total sample 82.5% of the sample said that there are no elections held for being a member of khap panchayat and only 17.5% of the sample answered that elections are held for being a member of khap panchayat. In the light of above data researcher observed that generally there are no elections held for panch of khap panchayat and they are choose on account of being influential person of the locality.

50 Table no 6: How does the matrimonial matter come to khap panchayat?

Frequencies Table 6

Frequency Percent Valid Percent Cumulative Percent

Suo moto 16 28.1 28.1 28.1

Any member of family 35 61.4 61.4 89.5 Any member of society 4 7.0 7.0 96.5 any other 2 3.5 3.5 100.0 Total 57 100.0 100.0

PIE CHART

Result of Frequencies Table 6

Above table provides an overview that how does any matrimonial matter come to khap panchayat. The data states that out of the total sample Majority i.e. 61.4% of sample said that any family member of aggrieved party go to the khap panchayat and after that the panchayat takes the matter in his hand, 28.1% of the samples indicated that when any matrimonial matter come to knowledge of that panchayat it takes suo moto action, 7% of the samples said that any member of society compliant to khap panchayat and 3.5% of the sample said that in any other way matter came in khap panchayat.

51 Table no 7: According to respondent: Role of khap panchayat in the case of honour killing.

Frequencies Table 7

Cumulative Frequency Percent Valid Percent Percent Active 29 50.9 50.9 50.9

Very active 8 14.0 14.0 64.9 Moderate 13 22.8 22.8 87.7 Neutral 7 12.3 12.3 100.0 Total 57 100.0 100.0

PIE CHART

Result of Frequencies Table 7

An interesting data is revealed from above table which shows that 50.9% (n=29) of total samples acknowledged that khap panchayat played an active role in honour killing. 14% of total samples were of the view that khap panchayat played very active role in honour killing, however, 22.8% of total samples said that khap panchayat has moderate role in the cases of honour killing. About 12.8% of total samples said that khap panchayat has no role or plays neutral role in the cases involving issue of honour killing.

52 Table no 8: Respondents follow the decision of khap panchayat.

Frequencies Table 8

Cumulative Decision Frequency Percent Valid Percent Percent Yea 45 78.9 78.9 78.9

No 12 21.1 21.1 100.0 Total 57 100.0 100.0

PIE CHART

Result of Frequencies Table 8

From above table, it is observed as 78.9% of total sample said that they are follow the decision of khap panchayat, however 21.1% of total samples negated the question that they follow the decision of khap panchayat. The researcher observed that in the modern judicial system people still follow the decision of traditional caste panchayats that why government is not able to stop heinous crime like honour killing.

53 Caste and status of family and honour

The concept of honour and honourable conduct is a commonly shared ideology which guides the social behaviour of people in the whole of northern India. However, this concept of caste/community honour is mostly appropriated by the upper castes. The lower-caste groups are not recognized by the upper castes as possessing any honour. Given their weak socio-economic position they are also unable to claim any such honour especially in relation to the higher castes. They may vaguely share in the honour of the village as a whole. This identification may mean going along, willingly or unwillingly, with the dictates of the upper-caste leadership of the village. The only 'honour' which the lower-caste groups may honourably claim is in relation to their caste members and lies in their ability to enforce it within their own caste group, in which case they preserve it as violently as the higher-caste groups. Denied any claims of honour in relation to higher castes, the lower castes therefore become hypersensitive in defending it within their own group. Such a concept of honour can not only be claimed, but also defended and implemented.

54 Table no 9: Caste plays some role in the case of honour killing.

Frequencies Table 9

Cumulative Frequency Percent Valid Percent Percent Yes 40 70.2 70.2 70.2

No 17 29.8 29.8 100.0 Total 57 100.0 100.0

PIE CHART

RESULT OF FREQUENCIES TABLE 9

Above table shows that 70.2% of the respondents of the study said that caste plays an important role in the case of honour killing, 29.8% of the respondents were neutral or his/her opined that caste has no role in the case of honour killing.

55 Table no 10 When the probability of honour crime is higher.

Frequencies Table 10

Valid Cumulative Caste Frequency Percent Percent Percent Boy from upper caste and 15 26.3 26.3 26.3 girls from caste lower caste Girl from upper caste and boy 25 43.9 43.9 70.2 from lower caste N.A. 17 29.8 29.8 100.0 Total 57 100.0 100.0

PIE CHART

Result of Frequencies Table 10

The caste plays an important role in the case of honour killing. Above table shows that majority 43.9% of the sample said that when girl from upper caste and boy from lower caste than chances of honour killing is very high, 26.3% of total sample said that when boy from upper caste and girl from lower caste than chances is comparatively lower. The question is not applicable for those respondents (29.8%) who stated that caste does not play an important role in case of honour killing.

56 Table no 11: Social and economic status of respective families play role in honour crime.

Frequencies Table 11

Status of Cumulative Frequency Percent Valid Percent family Percent

Yes 37 64.9 64.9 64.9

No 20 35.1 35.1 100.0

Total 57 100.0 100.0

PIE CHART

Result of Frequencies Table 11

Above table shows that 64.9% out of the total respondents of the study said that social and economic status of respective families play significant role in honour crime, 35.1% of the respondents were neutral or his/her opined that social and economic status of respective families do not play significant role in honour crime.

57 Table no 12: Status of respective families.

Frequencies Table 12

Valid Cumulative Family status Frequency Percent Percent Percent Boy family status is higher than girl 12 21.1 21.1 21.1 family status. Girls family status higher than boy 25 43.9 43.9 64.9 family status. NA 20 35.1 35.1 100.0 Total 57 100.0 100.0

PIE CHART

Result of Frequencies Table 12

Above Table shows that majority 43.9% of the sample were of the view that when girl‘s family status is higher and boy‘s family status is lower than chances of honour killing is very high, 21.1% of total sample said that when boy family status is upper and girl family status is lower than chances is comparatively lower. The question is found to be not applicable for those respondents (35.1%) who stated that social and economic status of respective families does not play significant role in honour crime. The researcher personally observed that when boy family status is high than he is free from all the social boundation and khap panchayat or other society member will not take action against him.

58 Marriage and honour killing

Customarily, there are a variety of rules and practices and degrees of prohibited relationships observed in respect to marriage in different regions of India. Customary marriage rules in most parts of north India uphold caste endogamy and adopt the rule of gotra or clan exogamy. Most castes groups, upper or lower, follow three or four got exogamy. A person is not permitted to marry into his or her own got, nor with the mother‘s, nor with the father‘s mother, nor usually with the mother‘s mother. The last bar is, however, not universal and the restriction is apparently declining. In effect, the got rules prohibit marriage with the first cousins of either the parallel or the cross variety. In certain instances, the principle of got exogamy is enlarged by clustering several other gots represented in the same village into an exogamous bloc. Marriage between these gots is prohibited or restricted.

Table no: 13: Decision of khap panchayat in cases of inter- religious marriages.

Frequencies Table 13

Frequency Percent Valid Percent Cumulative Percent

Out caste from society 13 22.8 22.8 22.8

Fine imposed 8 14.0 14.0 36.8

Physical punishment 5 8.8 8.8 45.6

Declaring marriage void 3 5.3 5.3 50.9

Instigation for killing 1 1.8 1.8 52.6 huka pani band85 4 7.0 7.0 59.6

Accept the marriage 23 40.4 40.4 100.0

Total 57 100.0 100.0

85 To banish from society; to put under the ban; to cast out from social, political, or private favor; as, he was ostracized by his former friends

59 Result of Frequencies Table 13

The table reveals interesting data as out of the total sample 40.4% of the sample said that inter-religious marriage were accepted by the family member, 22.8% of sample said that such couple were out casted from society, 14% of the sample said that fine were imposed, 8.8% of the samples said that physical punishment were awarded, 5.3% of the sample said that marriage was declared invalid, 7% of the samples said that punishment of huka pani band was given and only one person said that in such marriage honour killing are caused. Looking at the data Researcher observed that generally inter-religious marriage is accepted by the family or society member and they are not a cause for honour killing.

Table no 14: Decision of khap panchayat in cases of inter- caste marriages.

Frequencies Table 14

Valid Cumulative Frequency Percent Percent Percent Out caste from society 10 17.5 17.5 17.5 Fine imposed 7 12.3 12.3 29.8 Physical punishment 5 8.8 8.8 38.6 Declaring marriage void 3 5.3 5.3 43.9 Instigation for killing 2 3.5 3.5 47.4 Huka pani band 4 7.0 7.0 54.4 Accept the marriage 26 45.6 45.6 100.0 Total 57 100.0 100.0

Result of Frequencies Table 14

The table reveals interesting data as out of the total sample 45.6% of the sample said that inter-caste marriage were accepted by the family member, 17.5% of sample said that such couple were out casted from society, 12.3% of the sample said that fine were imposed, 8.8% of the samples said that physical punishment were awarded, 5.3% of the sample said that marriage was declared invalid, 7% of the samples said that punishment of huka pani band was given and only two person said that in such marriage honour killing are caused. Looking at the data Researcher observed that generally inter-caste marriage is accepted by the family or society member and they are not a cause for honour killing.

60 Table no 15: Decision of khap panchayat in cases of saha gotra marriages.

Frequencies Table 15

Valid Cumulative Frequency Percent Percent Percent Out caste from society 11 19.3 19.3 19.3 Physical punishment 3 5.3 5.3 24.6 Declaring marriage void 14 24.6 24.6 49.1 Instigation for killing 16 28.1 28.1 77.2 Huka pani band 10 17.5 17.5 94.7 Accept the marriage 3 5.3 5.3 100.0 Total 57 100.0 100.0

Result of Frequencies Table 15

The table reveals data as out of the total sample, 5.3% of the sample said that sahgotra marriage were accepted by the family member, 19.3% of sample said that such couple were out casted from society, none of the sample said that fine were imposed, 5.3% of the samples said that physical punishment were awarded, 24.6% of the sample said that marriage was declared invalid, 17.5% of the samples said that punishment of huka pani band was given and 28.1% said that in such marriages, honour killing are caused. Looking at the data Researcher observed that generally sahagotra marriage is not accepted by the family or society member and they are a cause for honour killing or declared marriage invalid.

61 Table no 16: Decision of khap panchayat in cases of marriages within bhaichara.

Frequencies Table 16

Frequency Percent Valid Percent Cumulative Percent Out caste from society 8 14.0 14.0 14.0 physcial punishment 5 8.8 8.8 22.8 Decalring marrige void 15 26.3 26.3 49.1 Instigation for killing 11 19.3 19.3 68.4 Huka pani band 13 22.8 22.8 91.2 Accept the marriage 5 8.8 8.8 100.0 Total 57 100.0 100.0

Result of Frequencies Table 16

The table reveals interesting data as out of the total sample only 8.8% of the sample said that marriage within bhaichara were accepted by the family member, 14% of sample said that such couple were out casted from society, none of the sample said that fine were imposed, 8.8% of the samples said that physical punishment were awarded, 26.3% of the sample said that marriage was declared invalid, 22.8% of the samples said that punishment of huka pani band was given and 19.3% of sample said that in such marriage honour killing are caused. Looking at the data Researcher observed that generally marriage within bhaichara is not accepted by the family or society member and they are a cause for honour killing or declared marriage invalid.

62 Table no 17: Marriages are more likely to be affected by honour killing.

Frequencies Table 17

Frequency Percent Valid Percent Cumulative Percent Inter-caste marriage 2 3.5 3.5 3.5 Inter-religious marriages 3 5.3 5.3 8.8 sagotra marriage 20 35.1 35.1 43.9 within bhaichara 1 1.8 1.8 45.6 All above 19 33.3 33.3 78.9 Sagotra and Marriage within bhaichara 12 21.1 21.1 100.0 Total 57 100.0 100.0

Result of Frequencies Table 17

As observed from above table majority 35.1% of total samples answered that sahgotra marriages are more likely to be affected by honour killing, 3.5% of total samples answered that inter-caste marriage is like to be affected, 5.3% of respondents accepted that inter- religious marriage is like to be affected, 1.8% of total sample said that marriage within bhaichara is likely to be affected, 33.3% of total samples said that all type of marriages are likely to be affected and 21.1% of total sample said that Sagotra and Marriage within bhaichara is affected for honour killing. The researcher observed that sahgotra marriage and marriage within bhaichara are more likely to affected or the cause of honour killing. Generally shagora marriage and marriage within bhaichara is not accepted by the society.

63 6.1 CROSS TABULATION

Table 18 Shows cross tabulation between two variables first, role of khap panchayat in the case of honour killing and secondly age of the respondents

Table no 18

Age Total below 18 19-28 29-50 50-60 above 60 Active Count 3 8 10 3 5 29 % within Role of Khap 10.3% 27.6% 34.5% 10.3% 17.2% 100.0% Very Count 0 2 6 0 0 8 active % within Role of Khap .0% 25.0% 75.0% .0% .0% 100.0% Moderate Count 2 3 2 3 3 13 % within Role of Khap 15.4% 23.1% 15.4% 23.1% 23.1% 100.0% Neutral Count 0 3 0 3 1 7 % within Role of Khap .0% 42.9% .0% 42.9% 14.3% 100.0% Total Count 5 16 18 9 9 57 % within Role of Khap 8.8% 28.1% 31.6% 15.8% 15.8% 100.0%

64 Chi-Square Tests

Asymp. Sig. (2- Value Df sided)

Pearson Chi-Square 18.122a 12 .112 Likelihood Ratio 21.809 12 .040 Linear-by-Linear Association .489 1 .484 N of Valid Cases 57 a. 18 cells (90.0%) have expected count less than 5. The minimum expected count is .61.

65 RESULT

The above Table is a cross tabulation of two variables i.e. firstly the age of the respondents and secondly the role of khap panchayat in the case of honour killing. The table infers that out of total respondents (n=29) nearly 34.5% were under the group of 29-50 years. Nearly 27.6% (n=8) of samples who were under the group of 19-28 years said that khap panchayat has an active role in the case of honour killing.

Out of those samples who stated that khap has a very active role in honour killing nearly 75.0% of them fall under the group of 29-50 years. Out of total 13 respondents who were of the view that khap‘s intervention in honour killing is moderate nearly 23.1% were under group of 19-28 years, between 50-60 years and above 60 years.

Out of total 7 respondents who stated that khap has a neutral role, 42.9% were under the age group of 19-28 years and 50-60 years. It can thus be inferred from the above discussion that the opinion on role of khap panchayat in honour kiiling is highly affected by age group variation.

The chi square test indicates (X2=18.122; df=12; P<.112) a positive association between the two variables. 18 cells (90.0%) have expected count less than 5. The minimum expected count is .

66 Table 19: Shows cross tabulation between two variables, firstly the kind of marriage performed by couples and secondly, action taken by khap or family members. Kind of marriage inter Brotherh Any Inter caste Sagotra Total religion ood other out caste from Count 3 2 0 2 0 7 society % within 42.9% 28.6% .0% 28.6% .0% 100.0% Action taken Impose fine Count 0 2 0 0 1 3 % within .0% 66.7% .0% .0% 33.3% 100.0% Action taken physical Count 0 3 0 2 0 5 punishment % within .0% 60.0% .0% 40.0% .0% 100.0% Action taken Declaring Count 1 0 3 1 0 5 marriage void % within 20.0% .0% 60.0% 20.0% .0% 100.0% Action taken Instigation for Count 0 0 3 1 0 4 killing % within .0% .0% 75.0% 25.0% .0% 100.0% Action taken Huka pani band Count 3 0 2 4 0 9 % within 33.3% .0% 22.2% 44.4% .0% 100.0% Action taken Accept the Count 12 5 0 2 1 20 marriage % within 60.0% 25.0% .0% 10.0% 5.0% 100.0% Action taken N.A. Count 0 0 0 0 0 4 % within .0% .0% .0% .0% .0% 100.0% Action taken Total Count 19 12 8 12 2 57 % within 33.3% 21.1% 14.0% 21.1% 3.5% 100.0% Action taken

67 Chi-Square Tests

Asymp. Sig. Value Df (2-sided) Pearson Chi-Square 1.136E2a 35 .000 Likelihood Ratio 82.533 35 .000 Linear-by-Linear Association 3.827 1 .050 N of Valid Cases 57 a. 47 cells (97.9%) have expected count less than 5. The minimum expected count is .11.

The above table is a cross tabulation of two variable, first what are the kind of marriages and second what punishment khap orders for those marriages. Table indicates that out of total 7 marriages in which punishment imposed was out caste from society, nearly 42.9% marriages were inter caste marriages, about 28.6% marriages were inter religious marriages and marriage within same village. Out of the total 3 marriages in which fine was imposed, 66.7% marriages were inter religious marriages. In another 5 marriages where physical punishment was ordered by khap panchayat, nearly 60% marriages were inter religious marriages and other 40% were marriages within same village.

68 In about 5 marriages where marriages were declared to be void, nearly 60% marriages were saha gotra marriages and 20% marriages were inter caste marriages. Out of total 9 marriages were khap ordered punishment of hukka pani band, nearly 44.4% marriages were those marriages where parties were of same village. 33% marriages were affected by the evil of inter caste and other 22.2% marriages were saha gotra marriages. Out of 20 marriages which were accepted by khap members, a majority of 60% marriages were inter caste marriages and 25% were inter religious marriages. It can be observed from the above table that no saha gotra marriage was accepted by khap panchayat.

6.2 VERIFICATION OF HYPOTHESES

Hypothesis no 1 - Khap panchayat plays an active role in honour killing.

This hypothesis can be examined after analysis of Table 4, 5, 6, and 7. It is evident after analysis of above mentioned tables that 75.4% (n=43) of total respondents taken for study said that khap panchayat interferes in matrimonial matters.86 82.5% of the sample said that there is no election for becoming a member of khap panchayat. . In the light of above data researcher observed that generally there is no elections held for panch of khap panchayat and they are choosen on account of being influential person of the locality.87

Nearly, 50.9% (n=29) of total samples acknowledged that khap panchayat plays an active role in honour killing. However, 14% of total samples were of the view that khap panchayat plays very active role in honour killing. Table 8 revel that 78.9% of the total respondents interviewed follows the decisions of khap panchayat. The researcher observed that in the modern judicial system people still follow the decision of traditional caste panchayats and that is the reason why government is not able to stop heinous crime like honour killing.

It follows from above discussion that Khap Panchayats generally consist of powerful persons of a dominant caste, senior citizens who ―wished to be considered as upholders of village norms, custodian of rural culture and guardians of public morality.‖The means adopted by Khap Panchayat to secure compliance of members

86 See Table 4 87 See Table 5

69 of their community with their notions of morality and right conduct, in the name of culture and tradition, has assumed unreasonable proportions. Khaps regularly oppose marriages between people related by blood or belonging to the same gotra (sagotra), or people who are members of a Khap (on territorial basis). However, Khap permits marriage within the same caste and prohibits inter-caste marriage.

In light of above discussion it can be concluded that Hypothesis no 1 – [Khap panchayat plays an active role in honour killing] is accepted.

Hypothesis no 2 -Reputation of family is a causative factor in honour killing

The above hypothesis can be verified by analysing Table 9, 10, 11 and 12. On the question whether caste plays an important role in the case of honour killings a majority of 70.2% of the total respondents of the study said that caste plays an important role in the case of honour killing.88 43.9% of the sample said that when girl‘s caste is higher and boy is lower than chances of honour killing is very high.89 However, 43.9% of the sample said that when girl family status is high and boy family status is low than chances of honour killings are very high.90 The researcher personally observed that when boy family status is higher than he is free from all the social boundations and khap panchayat or other society member will not take action against him.

The concept of honour is neither accepted nor applied uniformly by all caste and status groups. It is essentially inegalitarian, based as it is on caste, class, status, and hierarchies. Any infringement of this selectively prescribed code of honour invites group pressure and violence. Violence notably underlines the existing ideology of honour. A major thrust of my interest in this work lies in understanding a culture that sanctions the disturbing escalation of gender-related violence in rural and semi-urban areas of north India.

In light of above discussion it can be concluded that Hypothesis no2 (Reputation of family is a causative factor in honour killing) is accepted.

Hypothesis no 3 Marriages without consent, of family member instigates family members drives them to kill their own siblings/ children’s.

88 See Table 9 89 See Table 10 90 See Table 12

70 This hypothesis can be examined after analysis of Table 13, 14, 15 and 16. It is evident from Table 13 that out of the total respondents 22.8% said that such couple were out casted from society in the case of inter religious marriage, 14% of the sample said that fine were imposed, 8.8% of the samples said that physical punishment were awarded, 5.3% of the sample said that marriage was declared invalid, 7% of the samples said that punishment of huka pani band was given and only one person said that in such marriage honour killing are caused.

The data reveals from table 15 out of the total sample19.3% of sample said that such couple were out casted from society, none of the sample said that fine were imposed, 5.3% of the samples said that physical punishment were awarded, 24.6% of the sample said that marriage was declared invalid, 17.5% of the samples said that punishment of huka pani band was given and 28.1% said that in such marriage honour killing are caused. Looking at the data, researcher observed that generally sahagora marriage is not accepted by the family or society member and they are a cause for honour killing or declared marriage invalid. 21.1% of total sample said that Sagotra and marriage within bhaichara is affected by honour killing. The researcher observed that sahgotra marriage and marriage within bhaichara are more likely to affected or the cause of honour killing. Generally shagora marriage and marriage within bhaichara is not accepted by the society.91

In extension of the principle of ‗kinship exogamy‘, there is a rule of territorial exogamy. Most caste groups,such as the Jats, expressly forbid marriage within the same village, and every village which shares a border with the natal village, or in which other clans of one‘s village are well represented. The combined effects of these rules of exogamy is that, apart from the three or four got exogamy, a large number of gots have to be kept outside the purview of marriage. The inhabitants of a particular village cannot inter-marry in a large number of villages, especially adjacent villages or those that fall in the khap area (the area held or controlled by a clan). In all these villages, the tradition and customs of the dominant got are followed by all gots. If the dominant got observe the tradition of avoiding certain got for purposes of marriage, all other got in these villages will also follow this avoidance pattern. The inclusion of village exogamy (with its notions of locality being equivalent to consanguinity)

91 See Table 17

71 observed by virtually all caste groups, high or low, and the existence of a large exogamous got bloc, introduces considerable complexity to the marriage prohibitions.

It can be inferred from above discussion that Marriages without consent, of family member instigates family members drives them to kill their own siblings/ children‘s. Sometime inter-caste marriage is accepted but shagora marriage and marriage within bhaichara is not accepted by the society.

In light of above discussion it can be concluded that Hypothesis no3 (Marriages without consent, of family member instigates family members drives them to kill their own siblings/ children’s) is partly accepted.

72 CHAPTER 7 CONCLUSION AND SUGGESTIONS

7.1 Major Finding of the Study:

The present study on honour killing and role of khap panchayat has brought some important and interesting findings. These findings have categorized in to the following headings.

Khap Panchayat

1. It was found that 36 respondents ie nearly 63.2% out of total interviewed were directly and indirectly connected with khap panchayat.

2. 10.5% of total respondents were themselves member (Panch) of Khap panchayat

3. It was found in the course of this study that no female is member of khap panchayat but generally female is victim of honour killing.

4. 93% of total respondents acknowledged that khap panchayat is active in his/her area where they are living.

5. 75.4% of total respondent acknowledge that khap panchayat interferes in matrimonial matters.

6. 82.5% of total sample said that there is no election for the member (panch) of khap panchayat instead they are elected unanimously as they are generally influential people.

7. 61.4% of total sample said that khap starts its proceeding on initiative taken by family member of aggrieved party.

8. 50.9% of total samples accepted that khap panchayat plays an active role in the case of honour killing, however 14% of total samples accepted that khap panchayat played very active role in the case of honour killing.

9. 78.9% of total sample interviewed said that they are follow the decision of khap panchayat,

73 Marriage and Honour Killing:

1. 86% of total respondents said that arrange marriage is preferred in his/her family and in most of the cases old family member decide the life of his/her children.

2. 40.4% out of total sample acknowledged that inter-religious marriages are accepted by the family member.

3. 45.6% out of total sample acknowledged that inter-caste marriages are accepted by the family member.

4. 28.1% of total respondents said that saha gotra marriage is the cause of honour killing and this type of marriage is not generally accepted by the society.

5. 19.3% of total samples said that marriage within bhaichara is the cause of honour killing.

6. 52.6 % of respondents said that those who go against the will of their family are generally harassed.

7. It was found by the researcher that those couples who marry against the will of their family do not follow the customary ceremonies. 42.1% of the sample said that such couple prefer court marriage.

8. 43.9% of total sample said that they know about incident of honour killing and acknowledged that those cases were not reported to police.

9. 42.1% of total sample taken by researcher acknowledged that victims family member of either side are generally not willing to solemnize marriage.

Caste and Economic status:

1. 70.2% of the respondents of the study said that caste plays an important role in the case of honour killing.

2. 43.9% of the sample said that there is higher probability of honour killing in those cases where girl is from upper caste and boy is from comparatively lower caste.

3. 64.9% out of the total respondents interviewed said that social and economic status of respective families play significant role in honour crime.

4. 9% of the sample said that when girl family status is upper and boy family status is lower than chances of honour killing is very high.

74 Honour killings and Role of Government and Non-Government Authorities

1. 68.4% of total sample chosen up for study acknowledged about incidents of honour killing which occurred in society.

2. 43.9% of total sample said that they know about incident of honour killing and acknowledged that those cases were not reported by police officials.

3. 8.8% of the total samples said that cases were not registered because of intervention by khap panchayat.

4. 54.4% of total samples accepted that victims of honour killing received some assistance from authorities.

5. 19.3% of total samples answered that victims of honour killing receive some assistance from police authority, 15.8% of total samples answered that victims of honour killing receive some assistance from court.

Honour killing and Respective families

1. 49.1% of the total samples said that girl family play active role in the incident of honour killing because they treat girls as ‗izzat‘ (honour) of family.

2. 47.4% of total respondents said that family member don‘t want to participate in honour killing but societal pressure is one of the causative factor in honour killing.

3. 21.1% of total sample taken answered that boy family member are generally not against the solemnization of marriage, whereas a comparatively lower figure of 5.3% of total sample taken answered that girl family member are generally not against the solemnization of marriage.

4. 77.2% of total samples answered that honour killing is not positive step for safeguarding custom.

75 7.2 CONCLUSION AND SUGGESTIONS

Honour killing is a social malaise, an outdated, anachronistic norm that shouldn‘t be tolerated in the modern civilised and democratic society. Some sections of population in India still having feudal mentality which do not allow their girls to marry with boy outside their caste or religion. Sometimes, they also do not allow their girls to marry with boys, of even the same caste or religion if the social financial status of the boys, in their perception, is less than them. If young girl or boy desires to marry outside the caste, community or whom the family disapproves of, then honour killing takes place. The practice of honour killing is not only against the girl or boy alone, but also against the whole society. This heinous act challenges the sanctity and every essence of human society and the time is perhaps right to deal with honour killing cases with an iron hand. Unfortunately, the Government of India has taken no specific measures to end honour killings and to hold perpetrators to account. It has also ignored Art. 5 of the Convention on the Elimination of All Forms of Discrimination against woman (CEDAW), which it ratified in 1993, which obliges States to modify the social and cultural pattern of conduct of men and women to eliminate prejudice and discriminatory traditions. Surprisingly, even strong judicial commitments against this social malaise the feudal mentality of people have not yet changed. Hence, it is clear that the matter of honour killing cannot be dealt with by law and judiciary alone. There also has to be some form of social reform plan on the agenda of political parties, in addition to an attitudinal change in the people. This does not mean that the Government can sit idle; in fact, it must introduce the stringent specific laws to firmly deal with the cold blooded criminals. Thus, in the modern liberal mass democracies where the ideals of justice, equality, liberty, rationality enjoys a pre-eminent position, the law makers must ponder over making the ‗Right to Marriage‘ irrespective of caste, class and religion a fundamental right. It is hoped that growing openness, promoting education, mass awareness, and mobility will provide the befitting reply to the honour killing. Strict legislation and prompt action by the law enforcing agencies will certainly help in combating the barbaric and brutal murders by bigoted, persons with feudal minds. Honour killing is not preserving the honour of our society. It is disgrace, which should be curbed as early as possible.

76 SUGGESTIONS:

New Law for honour killing:

1) The central government has decided to enact a new law which will deal with the prosecution of the entire khap panchayat, which orders violent punishment for young couples who marrying against the society norms. Therefore, the bill pending in this regard must be implemented as soon as possible so as to stop this evil practices.

2) Suitable Amendment in the all marriage related Act/Laws must be made.

Government steps to prevent honour killing:

Government has to take following steps to prevent the heinous crime like honour killing:

1) The Central and State Government need to come out with a paper on what steps they have taken to implement the Supreme Court directions in Lata Singh v. State of Uttar Pradesh.

2) A National Plan of Action to prevent honour killings should be prepared at the earliest.

3) Government should come out with various help lines, numbers and special cells where such couples can approach the administration for protection.

Police and honour killings: 1) Sections 149 to 151 of the CrPC lay down the duties and powers of the police to prevent the commission of cognisable offences. The police has been empowered to arrest a person, even without a warrant, therefore with the help of this section the police must take initiative to stop this evil practice and arrest the culprits.

2) The State / police officials have to take preventive action / remedial action to ensure that the Fundamental Rights are protected, for which adequate powers are available in Cr.P.C. This need has to be effectively exercise by the police as well as the state officials.

3) A National Level Meeting of State Secretaries and Director General of Police must be organised to plan out the preventive steps to curb such crimes.

77 Judiciary and honour killing:

No doubt judiciary has done an excellent work to prevent the honour killing but still there are some loop holes which judiciary need to take care of and suffice the entire drawback. The following are the steps that the judiciary need to take:

1) Establishment of Fast Track Courts for cases of honour killings.

2) Awareness creation at macro and micro level, among families and communities passing on a message that there is no honour in honour killing.

3) Deterrent modes and scales of punishments should be introduced.

4) Special cells in each district has to be established so that couples can approach those cells for safety.

5) Procedural law provisions and leniency to grant Bails should be eschewed.

Finally, it is suggested that the problem of the honour killing cannot be tackled by any individual person, constitutional or private body. Each constitutional body i.e. police, judiciary, legislature etc, shall perform their part to solve the problem. The high level of burden for finding the solution falls upon the individuals too.

The evil of honour killing is deep rooted in the society as it has been a long prevailing practice. So it is recommended that this evil of honour killing could be eliminated by the initiatives taken by the society itself. The leaders of various religious groups, social groups and the common man shall take stand against this awful situation and boycott each and every element, person or group of the society that supports this practice. This way we can imagine a society which, in the near future, will be free from this social stigma… called honour killing.

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80 APPENDIX-A

GENERAL INFORMATION

NAME

SAMPLE CODE

GENDER

AGE

PRESENT ADDRESS

QUESTIONNAIRE FOR STUDY ON HONOUR KILLINGS AND ROLE OF KHAP PANCHAYATS

1. Do you live in this area? 1) Yes 2) No

2. If yes, since …………. 1) birth 2) marriage 3) Last 10 year 4) Any other

3. Is your any family member, member of Khap? 1) Yes 2) No

4. If yes than who? 1) Father 2) Uncle 3) Yosurself 4) Brother 5) Any other relative

5. Are you educated? 1) Yes 2) No

If yes, up to which standard you are educated?

1) Primary (up to 5th) 2) Matriculation (up to 10th) 3) Intermediate (up to 12th) 4) Graduation 5) Any other

6. What is your occupation? 1) Agriculture 2) Job 3) Politician 4) Any other (specify)

7. What type of marriage you and your family prefer? 1) Arrange marriage 2) Love marriage 3) Any other (specify)

8. Is khap panchayat active in this area? 1) Yes 2) No

9. Does khap panchayat interfere in matrimonial matters? 1) Yes 2) No

10. Is there an election for a member of khap panchayat ? 1) Yes 2) No

11. How does the matrimonial matter come to khap panchayat ? 1) Suo moto 2) Any member of family 3) Any society member 4) Any other way specify

12. Generally what is the decision of khap panchayat in cases of inter- religious marriages? 1) Out caste from society 2) Imposing fine 3) physical punishment 4) Declaring marriage void 5) Instigation for killing 6) Accept the marriage

13. Generally what is the decision of khap panchayat in cases of inter- caste marriages? 1) Out caste from society 2) Impose fine 3) Punishment 4) Declaring marriage void 5) Instigation for killing 6) Accept the marriage

14. Generally what is the decision of khap panchayat in cases of saha gotra marriages? 1) Out caste from society 2) Impose fine 3) Punishment 4) Declaring marriage void 5) Instigation for killing 6) Accept the marriage

15. Do you have any knowledge regarding any marriage that happened without consent of respective families? 1) Yes 2) No

16. If yes, than What kind of marriage they performed? 1) Inter caste. 2) Inter religion. 3) Saha gotra. 4) Any other.

17. How the marriage was performed? 1) Court marriage. 2) Arya samaj marriage. 3) In temple. 4) any other.

18. What action was taken by the khap panchayat / family member regarding that marriage? 1) Out caste from society 2) Impose fine 3) Punishment 4) Declaring marriage void 5) Instigation for killing

19. Whether they were harassed before marriage? 1) Yes 2) No

20. Do you think caste play an important role in the case of honour crime? 1) Yes 2) No

21. If yes, than when the probability of honour crime is higher? 1) Boy caste……………… 2) Girl caste……………..

22. Do you think social and economic status of respective families play significant role in honour crime? 1) Yes 2) No

23. If yes than when……………. 1) Boy family status………….. 2) Girl family status……………

24. Who plays an active role in the incident? 1) Family of boy. 2) Family of girl. 3) Khap panchayat. 4) Any other.

25. Do you have any knowledge regarding any incidents of honour killing ? 1) Yes 2) No

26. Was that incident reported to police authorities? 1) Yes 2) No

27. If no what was the reason for not reporting the case? 1) Police officer deny to register the case 2) Khap panchayat give fatava to not register the case 3) Economically / socially backward family of boy/ girls 4) Any other

28. If yes, than any member of Khap panchayat is charged? 1) Yes 2) No

29. How both came into contact with each other? 1) By social networking site 2) Study in same college and school 3) Working at same place 4) Lived in same village/ town 5) Any other (specify)

30. Whether victim got married? 1) Yes 2) No

31. Where any member of either side willing for solemnizing marriage? 1) Yes 2) No

32. If yes, then from whose side? 1) Boy family 2) Girl family

33. Why family members participate in honour killing? 1) Societal pressure 2) Traditional thinking 3) Bound by khap‘s fatwa 4) Any other.

34. Role played by khap panchayat 1) Active 2) Very Active 3) Moderate 4) Neutral

35. Whether victims of honour killing receive any assistance from authorities? 1) Yes. 2) No.

36. If yes, then from whom- 1) NGO. 2) Police. 3) Court. 4) Any other.

37. Which marriages are more likely to be affected by honour killing? 1) Inter-caste marriages 2) Inter-religious marriages 3) Sagotra marriages 4) All above

38. Is honour killing positive step for safeguarding custom? 1) Yes 2) No 39. Do you follow the decision of khap panchayat 1) Yes 2) No

40. Problem faced by victim …………………………………………………………. ………………………………………………………………

41. Your personal view regarding honour killing / khap panchayat …………………………………………………………………………. …………………………………………………………………………..