I am unable to call the murders done in the name of caste as either ‘honour or dishonour killings’. They are brutal pre-meditated murders. Such acts attract Section 101 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Murder attracts the punishment of death or imprisonment for life and is also liable to be fined under Section 103 of the BNS. Yet, time and again, we find that stringent law and punishment are not deterrent enough.
After every case of murder in the name of caste, like that of Kavin Selvaganesh, there is a hue and cry to enact a special law against ‘honour killing’. There is, of course, logic to this call, as such legislation will be seen as the state’s response to treat such violence with iron hands.
But even a casual perusal of special laws that deal with atrocities committed against Scheduled Castes and Tribes or the prevalence of child marriage despite the Prohibition of Child Marriage Act, prove that legislation and stringent punishment cannot eradicate such offences unless there is a change in the minds of the society.
For instance, the Protection of Women from Domestic Violence Act was enacted to give speedy relief to women by disposing of cases within 60 days. Yet it is not uncommon to see cases under this Act pending for more than three years.
To ensure that no more youth are abused, pressured, victimised by false cases, assaulted or murdered in the name of caste or honour, social reform is the need of the hour.
The Supreme Court in the Lata Singh case in 2006 said, “The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are, in fact, in the national interest as they will result in destroying the caste system.”
However, the apex court, noted that in several parts of the country young men and women who underwent inter-caste marriages are threatened with violence, or violence is actually committed on them. “In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished...
If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage, the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter- religious marriage,” the court said, directing authorities to ensure that such couples are not harassed by anyone or subjected to threats or acts of violence.
“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,” the court added. For a truly casteless society, police and revenue officials should not be from dominant communities of an area.
The state should ensure a healthy mixing of people from different castes and creeds. A new samathuvapuram model should be promoted for different communities to live together. Finally, eligible bachelors and spinsters should be allowed to freely interact, choose their own partners, marry and live in peace irrespective of their caste, creed, language, state or any other criteria imposed by their family or other societal norms.
Live and let live
Eligible bachelors and spinsters should be allowed to freely interact, choose their own partners, marry and live in peace irrespective of their caste, creed, language, state or any other criteria imposed by their family or other societal norms
(The author is an advocate and rights activist based in Chennai)