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HONOR KILLING - RIGHT TO CHOICE AND RIGHT TO BE LEFT ALONE

Updated: Jul 21, 2020



AUTHOR- Nandini Hooda

Right to life[1] is an important right which is guaranteed by not only the International law but by the law of almost all countries as well. This right states that nobody can take away or end your life whether it is other people or the government itself. Other such rights without which the right to life wouldn’t be of much help or beneficial is the right to choice[2] and the right to be left alone[3] or in other words right to privacy. Right to choice is the right under which people have the right to do the things of their choice as long as those things do not infringe the rights of other people. And right to privacy, at its core, is the right to be left alone. It doesn’t mean that one is withdrawing from society. It is an expectation that society will not interfere in the choices made by the person as long as they do not cause harm to others. But these rights are taken for granted in various ways. Even after knowing these important rights, these rights are being infringed by various means.

One such example is of Honor killing. Right to life as well as the Right to choice is being infringed in the name of honor killing. Honor killing is one the most heinous crimes. It is also known as ‘Shame Killing’. An honor killing or shame killing is the murder of a member of a family, due to the perpetrators' belief that the victim has brought shame or dishonor upon the family, or has violated the principles of a community or a religion with an honor culture. Honor killings are because of the family reputation. People have the right to freedom of choice in everything, even in the matter of choosing their life partners. They are allowed to choose their own life partners irrespective of their caste, community or religion. But there have been numerous cases in which families have killed their children or other family members just because they chose somebody to marry who is not acceptable by their families or the community. It is the most gruesome way of killing the freedom of choice. It is not just part of the past but even in the contemporary times when people are the most aware of their rights, traces of honor killing still exist. Most of the cases are not recorded and they do not come into light. The rough data which has been provided by various organizations is that over 1,000 people die annually in the name of honor killing. Many people still believe that the children going against the rules of their family or community and marrying the people who are not accepted by the same is equivalent to losing their respect and status in the society.

So, in order to restore that honor, they go to any limit which includes murder of the opposite persons or even their own children. Countries still have a long way to go to eradicate such mentality and belief of people. People fear losing their reputation in the society rather than the law itself. Honor killing is an insult to the freedom of choice as well as to the freedom to be left alone. It has become necessary for the legislature to make strict laws related to honor killing so as to ensure that the people are safe and they can choose the people to love or marry without fearing their families or communities. It is not just the question of people’s right to choice but their life itself because living a life only to fulfill others’ choices and conditions is equivalent to not to have a life to live.

[1] Article 21 of Consitutition of India. [2] Shakti Vahini v. Union of India, 2018 (7) S.C.C. 192 (India). [3] R. Rajagopalan v. State of Tamil Nadu, 1994 SCC (6) 632

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