rajneesh madhok
SPNer
- Jan 1, 2010
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Death penalty for honour killing?
NEW DELHI: The Union Cabinet is scheduled to consider a bill that proposes introduction of an additional definition of "murder" under the Indian Penal Code proposing stringent measures to deter elders from taking part in decisions of khap panchayats ordering honour killings at its meeting on Thursday.
After weighing between the ordinance route and amendment to the IPC and related laws governing the procedure in the criminal justice system, the home ministry felt that the latter method would be more effective in deterring the khap panchayats from ordering killing of young couples marrying within the gotra.
The Indian Penal Code & Certain Other Laws (Amendment) Bill, 2010, proposes to introduce "fifthly" clause to Section 300 of IPC which at present defines "murder" under four categories. The proposed additional definition would make khap dictated honour killings a distinct offence and would make all those who participate in the decision liable to be tried for the main charge, that is murder. This would make him liable for the maximum penalty that is death sentence.
Under the present legal regime, anyone participating in a khap panchayat could at best be roped in for being a party to the conspiracy that generally attracts a maximum punishment ranging from five years to life term.
The other four categories of culpable homicide amounting to murder already defined under Section 300 are:
* if the act by which the death is caused is done with the intention of causing death
* secondly, if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused
* thirdly, if it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death
* fourthly, if the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid
The spate of honour killings in Delhi and Haryana had ushered in the `immediacy' along with 'necessity' for laws to be tuned to meet the kangaroo courts.
The Cabinet is also likely to consider the proposed changes to other laws, including the Indian Evidence Act and Hindu Marriage Act, for remedial measures to protect innocent young couples and deter the khap panchayats. It proposes to define in clear terms what offending action constitute "perceived dishonour" and "dishonour".
The likely changes in the laws intend to act stringently against those taking a decision to socially boycott young couples and their parents in the name of breach of social norm.
The Cabinet is also likely to consider amending the existing laws to provide for deterrent punishment to those who parade a woman naked in the streets of a village terming her as a witch. At present such crimes are punishable under Section 354 of IPC for outraging the modesty of a woman and attracts a modest punishment of two years imprisonment.
Death penalty for honour killing? - India - The Times of India
Rajneesh Madhok
