Indian caste system is the oldest form of social stratification based on various human beliefs and faith. The castes were originally grouped by the work they performed and later became hereditary. The social stratification expresses their access to power, privilege, wealth and a say in the society. The four major stratifications, called varnas, included the Brahmans, the Kshatriyas, the Vaishyas, and the Shudras. There was another group who were not included as part of the society, the Dalits or the untouchables. The varnas were further comprised of various Jatis or sub-castes. Expectation that stratification based on caste will fade off as India steps into the twenty first century will be a faux pas. As India transforms, caste is making its presence felt in a significant societal marker- marriage.
In a patriarchal society like India, women are considered to be the bearers of honor of the family. Greater affinity to one’s caste or Jati triggers acts of Honor Killing. Honor killing is the “unlawful killing of a woman for her actual or perceived morally or mentally unclean and impure behavior” (Hassan 1995). Honor killings are murders by family members of those who are said to have brought shame on the honor and name of family (Sheri & Bob Stritof 2005). These are acts in which “a male member of the family kills a female relative for tarnishing the family image” (Free Dictionary by Farlex 2007). This paper essentially analyses the ethical issues behind the act of honor killing, the various acts by the Indian government to curb this vicious system of inequality and how India as a country is combating the crime with evolvement.
India being a multicultural and pluralistic society, various forms of stratifications are visible in the surface culture and the most prominent one based on Caste. Indian caste system has its roots from various Vedic Texts and mythology. According to the Rig Veda (Sacred text of Hindus), Purush, the primal man sacrificed himself to create mankind. From different parts of his body, different castes were created. From his head, Brahmans were created which denote wisdom and creativity. Kshatriyas were created from his hand, denoting the arm for strength and physical power, from his thighs the Vaishyas and from his feet, the Shudras.
It is also believed that the caste system began with the arrival of the Aryans in India around 1500 BC (Daniel). Aryans had a unique system of social division. They divided the society into four classes based on their degree of importance of work performed. Primary importance was given to military and political security (Kshatriyas-the warriors), next to the education and wisdom for the society (Brahmins- the priests), followed by Vaishyas- the landlords and Shudhras.
Skin color was also an important indicator in determining an individual’s caste (Daniel). Sub-castes denoted as Varna essentially meant “color” in Sanskrit. There were tensions between the Kshatriyas and the Brahmans for the caste supremacy. Eventually the Brahmans won over the Kshatriyas. Brahmans were considered to be very pure and clean. Earlier it was believed that diseases spread through air and by touch. The aftermath of this belief was the root cause behind the ideology of “untouchables”.
Reincarnation was in-seeded deeply into people’s minds by the Aryans. To avoid revolt against the caste system, the idea that you are born into a lower caste because of your actions in your past life and the only way to move up the caste ladder in your next life is to follow your duties was established in the society.
Contrary to the Buddhist view of the caste system, the Aryans believed that you are born into a caste. The son usually inherits the job or the profession the father performs. The family grows and different families who practice the same profession develop social relations between them and are organized as a clan or Jat (Daniel). Buddha was himself born into the warrior caste and he often mentioned, “Birth does not make one a priest or an outcaste. Behavior makes one either a priest or an outcaste” (Malalasekera and Jayatilleke).
Another theory is based on Karma. The actions of an individual in the past life determine the caste into which he will be born into in his present life. One’s own thoughts, decisions in the previous life are the reasons for the present condition of his soul and the present thoughts, deeds and actions determine the future events. The main backbone of the caste system was “the belief in karma and the cycle of rebirth whereby one’s social position in this life is ethically determined by moral actions in past lives” (Smith, 10).
A study was conducted on worldwide trends in honor killings by Middle East Forum, in which the study analyses 172 incidents of honor killing and 230 honor killing victims. Out of the sample, 100 victims were killed for honor in the west, 33 in North America and 67 in Europe. There were 130 additional Muslim victims from the Muslim world. The victims involved in the study lived in the following twenty-nine countries or territories: Afghanistan, Albania, Bangladesh, Belgium, Canada, Denmark, Egypt, France, Gaza Strip, Germany, India, Iran, Iraq, Israel, Italy, Jordan, Netherlands, Norway, Pakistan, Russia, Saudi Arabia, Scotland, Sweden, Switzerland, Syria, Turkey, United Kingdom, United States, and the West Bank. The study concludes that worldwide, women were victimized more.
A mere 7 percent of the victims were men from the sample out of which only 7 of them were killed by members of family and the rest were killed by the family members of the woman with whom the man was allegedly having a relationship or planning to get married with. Also, it is quite evident in the study that out of the sample, men were rarely killed when they were alone and 81 percent of the time the man was killed when the couple was there together.
Honor killing is the gruesome act of killing a family member who is perceived to have brought ‘dishonor’ to the family by the members of the same family with the aid of the relatives or the clan members. India being a patriarchal society perceives women to be the bearers of honor of the society. The customary killing is done when the woman engages herself or is perceived to engage herself in activities that are not approved of by the society, including inter caste marriages.
The women are not given an opportunity to defend themselves in most cases and just the allegation by the society suffices for honor killing. Women are victimized more since they hold the honor of the family and the clan. The term ‘honor killing’ is as such a misnomer in itself since there is no ‘honor’ in such killings. There is no specific law against the evil practice of honor killing in India till date. Honor killings are usually not brought to limelight and are reported as cases of suicides and homicides.
Though honor killing is perceived to be more of a practice in Islam, it has been in practice since the 17th century BC. Code of Hammurabi in Babylonia provided for a punishment of death by drowning for adultery. In ancient Greece and Roman laws, the women were more severely punished than the men. According to Lex Julia, the ancient Roman law introduced by Augustus in the 23rd century BC, there were laws that limited marriages across social boundaries (Lex Iulia de Maritandis Ordinibus) and laws that punished adultery with banishment (Lex Iulia de Adulteriis Coercendis). The senators and their descendants were forbidden to marry freedwoman – a woman who has practiced the profession stage.
The Roman law permitted fathers to kill daughters and their partners in adultery. Men could also kill their adulterous wife under certain circumstances and it was not considered as a crime. In medieval Europe , honour related deaths were reported and death by stoning was also practiced. However, Jewish law claimed that since stoning was done by a group and it was not committed by a single person, it was not considered to be illegal. Most of the cases women were victimized. The Napoleonic Code, which increased the power for women post war did very little to the victimization of women for adultery.
The woman was not given a say in the society and the law for which Napoleon was so proud of permitted men to kill their unfaithful wives but did not allow for women to kill their unfaithful husbands . Napoleon said , “ Napoléon said that ‘my fame in the eyes of posterity will rest even more on the Code which bears my name than all the victories I won’. Adultery by husbands was not even considered to be a ground for filing divorce according to the code. Thus honor killing is not a recent phenomenon and has been in existence for a very long time.
According to the UNODC: ‘Honor crimes, including killing, are one of history’s oldest forms of gender-based violence. In the special report of the Special Rapporteur of the UN on violence again women in India, the Rapporteur has mentioned that the honor crimes are performed by the family members often with the complicity of community leaders. The reasons behind honor killing according to the report range from a woman’s refusal to be forced into marriage and retaliation for marrying the man of her choice, to refusal to follow prescribed and expected dress codes.
As mentioned very evidently in the report, Women and girls in India suffer a wide range of physical and psychological abuse and the denial of basic freedom of movement and expression and are sometimes killed in the name of “honour”. Cases where men are victimised in honor killing is very meager. An average of 137 women across the world are killed by a partner or family member every day, according to new data released by the United Nations Office on Drugs and Crime (UNODC).
In a landmark judgement in March 2010, Supreme Court sentenced five people to hang until death for killing a couple, Manoj and Babli for marrying against the village norms. The Khap panchayats, which is a local body formed in remote villages of Haryana, India act against the constitution and form their own laws. The Khap Panchayat had ordered killing of the couple for violating the rules of marrying in the same Ghotra or Caste. The Judge, Vani Gopal Sharma, in her verdict stated, “This court has gone through sleepless nights and tried to put itself in the shoes of the offenders. Khap Panchayats have functioned contrary to the constitution, ridiculed it and have become a law unto themselves”. This is the first judgement that has condemned the act of Khap Panchayats.
Yet another case in August 2010, a supreme court bench sentenced three people with life imprisonment for honor killing in the year 1991. The court said,” The Bench said: ““Honor killings are nothing but barbaric cold-blooded murder and no honor is involved in such killings.”. The court also stated ““inter-caste and inter-religious marriages should be encouraged to strengthen the social fabric of society.”
In June 2010, the Supreme Court issued notice to the Central Government of India along with nine states that were in the face of increasing killings in the name of “Honor” on the Public Interest Litigation filed by Shakti Vahini. To better address the crimes, the Law Commission of India issued a recommendary report in August 2012,” Prevention of interference with freedom of matrimonial alliance (in the name of honor and tradition): a suggested legal framework”.
Most cases of honor killing are being dealt with Sector 302 of the Indian Penal Code. However, there is no specific law mentioning the punishment stating “Honor Crimes”. Section 302 of the IPC is not extensive, and it doesn’t state the punishment for those who are indirectly involved in the killing. It doesn’t take into account the societal aspects including those who instigate the killing.
Even though there is no definite data available on the honor killings in India, we can say that it has reduced in numbers over the years. Intercaste marriages have also gradually gained acceptance as the youth today are more receptive to the idea of intercaste marriage. Urbanization, awareness and increase in literacy rates have contributed significantly to the inter caste marriages. A “pulse of the nation” survey conducted in July 2018 by Inshorts, a news app that was downloaded by about 10 million Indian netizens, found that 70 % of the 130,000 surveyed had a green signal for inter caste marriages.
One of the most welcoming change Greater openness to intercaste marriages, as mentioned by the CEO of Inshorts, “a new generation is emerging with none of the baggage of the old notions of caste or patriarchy or a subservient status for women”. More millennials are choosing their life partners using dating apps. Director of Trulymadly, a popular dating app in India states that when choosing a partner for life, the present young generation concentrates more on the partner’s personality and compatibility. Caste, Income and Religion are often given less importance comparatively. The enlightened views of the Millennials seem to be an outcome of the increased influence of the internet and social media along with the attitude and behavior they witness in the western countries.
