Shakti Vahini v. Union of India [2018]

By Aaron S John

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Introduction

Honor killing happens in many countries, one of them being India. The word “honor” in this context means to respect. But when something honorable is put next to a word like kill, it just doesn’t add up. Honor killing has been followed in many countries, and this is part of their own culture. It has been a part of their customs. On 27th March 2018, the honorable Supreme Court highlighted and laid down that it is illegal for a Khap Panchayat to punish or prevent two consenting adults from marrying each other.

Shakti Vahini vs. Union of India is a very famous case law. Under this case the Hon’ble Supreme Court had directed both, the state government and the police department to make a complex mechanism that will help society to curb the problem of honor killing. In this case, the petitioners also known as the Shakti Vahini organization had the duty of performing a study on the killings in the Haryana, Punjab, and Western UP regions. They came up with a shocking statistical report that there has been a rampant rise in honor killing cases in these particular areas. The petition was filed under Article 32 of the Indian Constitution. The state and Central governments had to come together to resolve this issue. This problem was affecting the whole country at large although it was just present in certain areas of India. Therefore, it was decided that to resolve this issue, a bill named “The Prohibition of Interference with the Freedom of Matrimonial Alliance Bill” was recommended by the law commission. Following this, many other states had also given their responses to the petition portraying their willingness to resolve this issue.

Honour killing mostly happens in the following cases–

A. If a woman loses her virginity outside her marriage.

B. Pre-marital pregnancy.

C. In cases of infidelity.

D. In cases of having unapproved relationships.

E. If the person has fallen victim to the offense of rape.

F. If a scandal or any gossip is spread in the incorrect community.

G. If an individual has left the family or marital home without permission.

H. If the individual demands custody of the children after divorce.

I. Asking for a divorce.

J. If an arranged marriage proposal is declined

Honor killing often happens when the ego of the male head of the family is hurt. As of today, there are no specific laws for such offenses. However some provisions and statutes punish the criminals who commit this grievous act.

Background

Honour killing is considered to be a serious issue that has been in increased rapidly in the past few years. The problem with honour killing is that it is not just in particular areas but is found in many of the North-Indian states. Khap Panchayats are local governing bodies that are present in many villages and it is considered to be their duty to punish the ones who marry someone who is outside their caste or community. If a marriage takes place without the prior consent of the elders, then in such a situation honor killing is performed. There are many different types of honor killings, In certain situations, a young man can become the victim of an honor killing or can receive violent threats from the family of the girl with whom he has fallen in love or has married.

The respondent in the present case argued that the State and the Central government under the writ filed under Article 32 of the Indian Constitution were requested to come up with preventive measures to combat such crimes committed under the view of honor. Along with this, they also requested the Central and State governments to introduce a National action plan and a State action plan that will look into such matters and curb these matters. Along with this, the state government was requested to set up a special cell for the same.

Honor killings are deemed an act of murder and are mentioned under Section 300 of the Indian Penal Code. The same is punishable under Section 302 of the Indian Penal Code. Irrespective of the preventive policies set up in place by the state police, the local police have to notify the judicial police officer about the actions of the Khap Panchayat. That is, any action that has been taken by the Khap Panchayat against a couple or a family that consists of a husband and wife from a different caste or a different religion, it is the duty of the judicial police officer to register an FIR immediately under Section 141, 143, 503 read along with Section 506 of the Indian Penal Code

In the case of Shakti Vahini vs. Union of India, Justice Dipak Misra gave a landmark judgment and stated that the right to enjoy freedom shall be vigorously protected for the benefit of society. Following this, the Rajasthan government took strong measures and bypassed the Rajasthan prohibition of interference with the freedom of matrimonial alliance in the name of the Honour and Traditional Bill of 2019.

Facts of the Case

It was the Shakti Vahini organization that filed the writ petition under Article 32 of the Indian Constitution. The organization was the petitioners and they wanted to get directions from the Central and State governments. They also wanted to persuade them to take steps and measures in cases dealing with honor killings of individuals and couples. The organization correctly states that every person has the liberty to choose and marry whoever they want to. Every couple shall be treated with absolute dignity, the organization wanted the Central and State government to submit a national plan to curb honor killings as the national plan will lead to a structured approach that will reduce honor killings.

Mr. Ravikant is the founder and the President of Shakti Vahini, he was also a practicing advocate under the honorable Supreme Court of India. This organization also got an order that was passed by the National Commission for Women on the topic relating to the honor killings present in the Western parts of Uttar Pradesh and Haryana. Shakti Vahini had previously organized a study in the states of Haryana, Uttar Pradesh, and Punjab and after this study, the petitioners found that the rate of all these crimes was increasing in all these States. Due to this, the youth of the society were not able to marry and live peacefully in society. 

Issues Involved

Following are the issues raised in the case of Shakti Vahini vs Union of India

1. Whether the family members of a married couple or an individual have the authority to practice the tradition of honor killing.

2. Are the contemporary Indian laws capable and efficient enough to keep the conservative factors under control especially when it is governed by an informal institution like the Khap Panchayat?

3. Does the decision given on matters regarding honor killing by Khap Panchayat have any validity especially when it does not have any governmental recognition?

4. Is the Government of India taking sufficient and steps to protect the right to choose a life partner efficiently?

5. Whether the right to life and personal liberty that is guaranteed under Article 21 of the Indian Constitution includes the right of an individual to choose any life partner that they prefer and if it is denied, can it be considered as an infringement on the human right of that individual.

Laws Involved and Arguments Made

The petitioners have contended that the Khap Panchayat which includes the male and elderly people of the family mostly in Western Uttar Pradesh, Punjab, and Haryana regions has been denying the individuals the basic protection of life and personal liberty that is mentioned under Article 21 of the Indian Constitution. The petitioners also submitted that the decisions that were taken by the Khap Panchayat relating to honor killing were a clear violation of Article 21. The petitioners also stated that the Khap Panchayat instructs such orders as they do not fear the consequences. This is because the IPC does not have any proper section that specifically deals with honor killing. Shakti Vahini also argued that when they were conducting the research, they had found that due to the honor killings a sense of fear among the society had increased. Such decisions that are provided by these unofficial and unauthorized organizations affect the lives of women. Apart from this, the male and the elderly individuals of the family have much more control and influence over the life of women as women have always had less individual independence than their male counterparts.

Under the counter affidavit, it was mentioned that there has been a major decision-making body that will be working for the development of laws in the state and union territories. The honorable Supreme Court that, a bill titled “The Prohibition of Interference with the Freedom of Matrimonial Bill was passed under the 242nd Law Commission report. And this is the reason why there has been various positive change in different states.

Judgment

In the case of Shakti Vahini vs the Union of India, the main issue was regarded to caste discrimination. This issue was brought up by the organization named Shakti Vahini. After their research, they exposed the ugly truth and the inhuman action that was performed by the Khap panchayats. These actions are illegal and have to be stopped as soon as possible. The honorable Supreme Court of India instructed that in any such instance, the state has to establish criminal proceedings against everyone guilty of such atrocious activities. They also have to be convicted for the same. The state government was directed to suspend the district magistrate along with the SP of that particular district. 

One of the other cases that the court looked into for reference was the Lata Singh vs State of UP and another that happened on 7th July 2006. The court referred to this case and stated that inter-caste marriage is allowed under the Hindu Marriage Act 1955. India is a democratic country, a person has every right to select his or her marriage partner. The Hon’ble bench also instructed the police as well as the other administrative authorities to take stringent actions against the villagers, the elderly, and in general the members of the Khap Panchayat as well as the family members of those people who were involved in such activities. The authorities of the state also have the responsibility to inform and make sure that all the individuals and couples who have an inter-caste or inter-religious marriage shall not be subject to any threats or any act of violence by anyone. If they are punished or harassed in any way, the police shall take note of it and punish the people behind it.

The honorable Supreme Court again looked into another case for reference. It was the case of Arumugan Servai vs. the State of Tamil Nadu. In this case, the court held that “The choice of an individual is an inextricable part of dignity, for dignity cannot be thought of where there is an erosion of choice. True it is, the same is bound by the principle of constitutional limitation but in the absence of such limitation, none, we mean, no one shall be permitted to interfere in the fructification of the said choice. If the right to express one’s own choice is obstructed, it would be extremely difficult to think of dignity in its sanctified completeness”.

The Hon’ble Supreme Court also observed and laid down that the state does not recognize any informal organization or institution to deliver justice and any order that is passed by any institution is not accepted blindly as the legality of that also has to be considered before executing and following. Between 2014 to 2016 the National Crime Record Bureau recorded that there have been at least 218 cases of honour killing. With this said the honorable Supreme Court also stated that the Khap Panchayats cannot misuse their power by awarding people the punishment of honour killing. The Hon’ble Supreme Court of India also stated that it ensures that all these constructs a guideline that is further protected. The record also states that all the Khap Panchayat’s discussions shall be recorded as it will be useful when there is a case of negligence. Along with this, it can also be used to protect inter-caste or inter-religious marriage cases. The Hon’ble Court finally stated that the police and the executives of the concerned states have to do the needful. The said has to be done in 6 weeks.

Conclusion

The term freedom does not have an exhaustive meaning and therefore does not confine itself to any physical boundaries. It includes many aspects, one of them being the right to choose your life partner, and choosing a partner for yourself in no way harms the family of the individual or society at large. The idea of honor killing not only harms society but also harms the whole nation at large. Here, Education is our savior. The strict implementation of various rules and guidelines is also essential. A well-educated society can truly uplift a country. Education in itself solves many of the underlying issues of society. This is why many great thinkers have valued education a lot.

The honorable Supreme Court had taken a few steps to improve the condition and had quickly passed the bills. It tried its best to curb such crimes, it also laid down some specific guidelines for the safety of couples and individuals. The Delhi Commission for Women (DCW) also filed a petition that seeks protection of the couples in the cases of honor killings. It also asked for the guidelines and their implementation which were put forth in the Shakti Vahini vs Union of India case.

The cases of honour killing have been on the increase. The killers in each case are different. Most of the time it’s the father who kills his daughter for preserving the honour of the family. A life without honor is worthless but a person shall never be allowed to kill another person in the name of honor. The Khap Panchayat has time and time disobeyed and ignored the laws of the land that have been established by the constitution of India. Whereas the constitution of India has stated that honor killing will be treated as murder.

This includes empowering women by providing proper education and empowering them. The male head of the family is always present to provide a bit of advice to the women of the family. This in turn doesn’t let the woman choose her own life decisions. The feeling of male superiority is still present in society. This is the reason why men are always the head of the family. India belongs to a patriarchal society, it is often hard for a woman to do something they like. The impact of honor killing is very much present in society. We see people living in fear and thinking twice before marrying. The honorable Supreme Court has reserved the concept of capital punishment only for the rarest of rare cases. Then the panchayat or anyone does not have the right to grant their form of the sentence to any fellow human beings.

Comments

Indian Society always has been patriarchal. Due to this, even today in many parts of India women are considered to be inferior to men. It is to such an extent that the women of the house cannot or are not allowed to take any step alone. Most of the time the eldest member of the society has been present when all the discussion is taken, especially for the women of the house. Even though education has been one of the important criteria while talking about the overall development of Indian society. Society still believes that women who are wives, daughters, and sisters will always be subordinate to their male counterparts. With this said, often while talking about a Hindu marriage, a partner is selected while considering various parameters such as caste, community, gotra, etc. This is not punishable under the law, but in this present case, the situation is completely different because there is honor killing present. The concept of honor killing goes directly against Article 21 of the Indian Constitution. Article 21 being a fundamental right, this issue is treated with utmost importance, and rightfully so. It is downright ugly to follow such a practice as honor killing. Under the criteria of protecting the family or family pride, a person cannot kill another person. Killing a person like this does not lead to any good and nothing of any importance is achieved. Here only a loss of human life takes place.

Moreover, no one has the right to punish another person with such a heinous crime. This includes the family members as well as the Khap Panchayat members. Irrespective of the age of the person, anything that is illegal shall be reported quickly. Not reporting will only lead to an increase in such crimes. The only way a person shall be punished is through the judicial mechanisms set for a reason as they are the eyes of the law. One of the major take-ups from the judgment provided in this case is that- the court has given directions not only to completely eradicate the practice and idea of honor killing but also has started an essential step towards eliminating this practice that is prevalent in society.

Summary

To summarise, it can be understood that this was a landmark judgment that was passed by the honorable Supreme Court of India. Considering all the facts and contentions provided by both parties as well as the issues raised, the judgment is correctly provided by the honorable Supreme Court for the upliftment and development of the whole society. This is one of those cases where the honorable Supreme Court has not only given a judgment but also provided direction concerning the incident. With the rampant rise of honor killings in our society, we need stringent laws now more than ever. These types of laws will curb and decline the rise of such cases.