Thursday, March 29, 2018

Dinesh Kamath's Editorial 'We need a strong law on ‘honour’ crimes' that was published in Newsband


We need a strong law on ‘honour’ crimes
Many crimes are committed in the name of defending the honour of a caste, clan or family. Entrenched social prejudices, feudal structures and patriarchal attitudes are behind what are referred to as ‘honour killings’. The Supreme Court’s has come up with strident observations against khap panchayats and guidelines to deal with them acquire significance. It is not the first time that the apex court has voiced its strong disapproval of khaps, or village assemblies.
In the latest judgment, a three-judge Bench has located the problem as one that violates the liberty and dignity of individuals, and something that requires preventive, remedial and punitive measures. Special cells and 24-hour helplines to provide assistance and protection to young couples are recommended by the courts in some states. The Supreme Court has asked the police to establish safe-houses for couples under threat. The court has also empowered the police to prohibit such gatherings and effect preventive arrests. How far it is feasible?
The government should not remain content with asking the States to implement these norms. It should expedite its own efforts too. The court might has taken a positive step but the most urgently needed step is to protect women from heinous crimes committed by men on the pretext of orders of the Khap panchayats. Male domination has made the lives of women miserable.
The Governments concerned should take decisive and stern action on the khap panchayats to close their shops forthwith. Supreme Court's ruling should not gather dust with everything going on as usual. After a couple of articles and editorials by writers from air conditioned ivory towers and the ruling would be in cold storage. Are we foreigners who don't know Indian conditions. How many of us go to villages leaving our comfort chambers.
The Supreme Court ruled that interference, harm or insult caused to consenting adults who fall in love and choose to marry is absolutely illegal. With this judgment, the court has filled the vacuum caused by the lack of a specific penal law against honour killings. The court said the fundamental right of two people who wish to get married to each other and live peacefully is absolute. No one has any individual, group or collective right to harass a couple. It is up to the courts to decide legally whether a marriage is null and void, or if children are legitimate or illegitimate; “no other person or group” have the right to intervene.
Preventing the local community panchayats from delivering judgement in love marriages is a welcoming move. At the same time one should not forget that some love marriages were found to be only a bondage of infatuation and lasted for only a few years. Now a days, there are irreparable breaches even in arranged marriages. Let wisdom prevail in lovers.
Murder in any form or on any cause is a crime punishable under the relevant section of the Act in force. Consent between two adults may be a relevant point in marriage. But it should not deprive the right of parents as to rituals, custom and tradition to solemnize it. Court should have considered the case from the criminal angle and not from micro level.
The law is all good and sundry, that’s not the point. But will it be enforced strenuously without fear or favour? India has many comprehensive Laws but how many of those are effectively enforced? Do laws makes any difference? As long as women are considered as property to be disposed off as per the whims of the men, nothing will change. The people have to change first.
First of all the panchayat Raj shud be abolished in toto as they are doing more damage to de society than being constructive. Stricter punishment should be given for all those taking law unto themselves in the garb of protecting the religion and honor.

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