THE PRE AND POST SCENARIO OF HONOR KILLING AFTER MANOJ-BABLI CASE Disha Gupta LAW CRITIQUE Wed, Apr 14, 2021, at ,11:16 AM ABSTRACTHonor killing is one of the most aggravated forms of crime that is still prevalent in the society. This crime witnesses the killing of a member of a family due to the perceived belief that he/she has brought dishonor or disrespect to the family. In spite of the ostensible modern culture and advanced thoughts, such crime is still witnessed in many parts of the country which is a big question mark towards the developing society. Some of the countries have totally banned honor killing juxtaposed India, where this is still into practice moreover without any proper law for the same. It is only after the Manoj-Babli case when certain amendment was proposed in Indian Penal Code making honor killing a ‘distinct offence’. It was this case only which brought this heinous offence under the ambit of law otherwise the convicts involved in such an offence was free from any punishment. India needs a more specific and stringent law for this vintage crime as every person has the right to live under the eyes of law. THE PRE AND POST SCENARIO OF HONOR KILLING AFTER MANOJ-BABLI CASE“Humanity is being murdered in the name of honor killing”Honor killing is one of the social evils that have been deep rooted in our society in the name of honor and self-respect. Honor killing involves the killing of any person of a family following the perpetrators’ belief that such person has brought some dishonor upon the family or violated principles of a community. Honor killing is an appalling old practice that is still practiced in many parts of the country. HONOR KILLING PRACTISE IN INDIAThe heinous act of honor killing is carried out in many ways and for many reasons. The different methods[1] include burning, poisoning, shooting, stoning, hitting and the reasons for such killings being choosing life partner on their own of another caste and getting married to the loved one. The family is triggered by the society and the deteriorating reputation leads them to the killing of the member of the family without any second thought. The people forget about all love and affection and for them caste and reputation overpowers their own child. But, now since we are living in the 21st century with formulated laws, no person should be left free if he/she performs such a heinous act.THE MANOJ-BABLI CASEIndia has lived over 70 years of independence and since then the law of the land has continuously progressed and where we have laws dealing with the offence of assault or theft, it was obvious that a serious offence like honor killing could not be left untouched for more time period. It was for the first time in 2010 when honor killing was seriously taken into account by the bench when the case of Manoj-Babli[2] came into light. In this case, the heights of brutality were crosses and the two lovers were slaughtered to death by the girl’s family. The scenario changed when the Hon’ble court awarded the death sentence to the five accused in this case for killing the couple. The court even stated that this was not just a case of killing two innocent children but also a brutal crime against the society and pronounced it ‘rarest of the rare’ in nature[3]. Also, the then Home Minister P.Chidambaram proposed a bill that included issues like public stripping of women and extermination of young couples from villages and stated that any such humiliating act should be punished with severity[4]. This case was one of the landmark cases which turned the face of honor killing in India as before this it was unfortunate that most of such cases were not even reported because no remedy was provided in such matters by the court. The Manoj-Babli case gave many other sufferers to at least report their cases and seek remedy. In one of the cases, the court ruled that Right to marry is a constitutional right under the ambit of Article 21[5] and Section 3 of the Indian Majority Act, 1857. The court further stated that a person who is major, willing to get married to a person of another caste or inter-community is not prohibited by law and any honor killings initiated on this ground shall be unlawful and shall follow serious measures[6]. In the case of Latha Singh v. State of Uttar Pradesh[7], Justice Markandey Katju clearly opined that honor killings are cold blooded murder and no honor is involved in such killings. Furthermore, the apex court stated that inter-caste and inter-religious marriages should be encouraged to strengthen the social fabric of society[8]. A NEED FOR SEPARATE LAWAlthough, there were many other punishments in the form of murder[9], culpable homicide not amounting to murder[10], attempt to murder[11], criminal conspiracy[12] and many others, yet there is an urgent need of specific law dealing with the offence of honor killing as a ‘distinct offence’. This evil practice being carried forward from years need to be stopped and this can be done only when a proper law is enforced in such respect. Not only a law, but also its enactment is necessary in order to really curb this. The government has shown negligence in dealing with such offenses and this is the reason we came across such cases like Manoj-Babli.Also, the inter-caste problem still persists in our society need to be tackled by various means of mediation, counseling and other legal help[13]. The main role is of a police officer in this context as any person being harassed in any such matter will definitely reach up to the police station at first instance. Many states are making their own laws prohibiting honor killing and Rajasthan is the first state to make their own law on such brutal crime. After this enactment the situation in Rajasthan was controlled as after the enactment, honor killing became a non-bailable offense in the state, punishable with death or life sentence, in addition to a fine up to 5 lakh rupees[14]. States are already making concerns for such crimes but now it is time for the Centre to act in pursuance of curbing such offences which are killing people in the name of caste. CONCLUSIONHonor killing is crime that takes away the life and dignity of a person[15] and also the right to marry someone of their own choice[16]. If we consider fundamental rights above all the things, then why are we allowing such a barbaric crime to overpower the fundamental rights of innocent people? When talking about the caste system, then even Article 15[17] prohibits discrimination on the basis of religion, race, caste, sex or place of birth and no person no government no State can take away or abridge that right. Moreover, the State has an obligation to protect young and married couples who are vulnerable to such practices from being exploited and protect their lives. Therefore, the Supreme Court has already started issuing guidelines on this serious offence of honor killing but there needs to be a proper implementation of such laws and guidelines so that there is no lack of justice. The only aim of the government and concerning authorities in this regard should be to restrict killings of innocents in the name of inter-caste marriage.“Justice is the sum of all moral duty.” [1] https://www.researchgate.net/publication/306091212_Study_on_Honor_Killing_as_a_Crime_in_India-Cause_and_ [2] https://www.indiatimes.com/lifestyle/self/most-shocking-cases-of-honour-killing-in-india-281669.html?picid=1378711 [3] https://www.thehindu.com/news/national/Death-sentence-commuted-in-Manoj-Babli-case/article14943294.ece [4] https://tribune.com.pk/article/28455/where-is-indias-landmark-judgment-on-honour-killing-today [5] The Constitution of India, 1950 [6] Surjit Kumar v. State of Uttar Pradesh & Ors., 2002 (456) ACC 79. [7] (2006) 5 SCC 475 [8] https://www.latestlaws.com/articles/socio-legal-dimensions-of-honour-killing/#_ftnref16 [9] Section 302 Indian Penal Code, 1860 [10] Section 304 Indian Penal Code, 1860 [11] Section 307 Indian Penal Code, 1860 [12] Section 120A and B Indian Penal Code, 1860 [13] https://theswaddle.com/honor-killings-india-law/ [14] Honour and Tradition Bill 2019 [15] Article 21 of the Constitution of India, 1950 [16] Shafin Jahan v. Asokan K.M., Criminal Appeal No. 366 of 2018 [17] The Constitution of India, 1950.