INTRODUCTION
Honour relates to one’s dignity, reputation and social status. Every human being deserves to live without their dignity attacked. No tradition or social custom can warrant the killing of a human being. Such customs and practices attack the fundamental rights of human beings, and in particular, the right to justice and equality and the “right to life” as enshrined in the constitution[1]. Honour is said to be an integral part of personal and family identity. Unfortunately, in most cultures, the concept of family honour is associated with controlling the behaviour of individuals, particularly women. Honour-related violence is the coercive and violent behaviour directed at an individual perceived to have breached social and cultural norms. Most of these norms are patriarchal and are rooted in the concept of family honour.
UNDERSTANDING HONOUR KILLING IN INDIA
Regarding India, honour-related violence is the manifestation of controlling and oppressive patriarchy. Honour is perceived to be aligned with the traditional social order, and the violation of this order is the violation of honour. This perception leads to intra-family violence of a very high and extreme nature. Such violence underscores the importance and critical need for socio-legal change to provide for the rights of individuals, to sustain human dignity and equality, and to end violence against women.[2]
There are many reasons someone might become an intentional target of Honour-Based Violence (HBV), such as
- Refusing to accept an arranged marriage,
- Being sexually assaulted,
- Wanting to end a marriage,
- Being accused of adultery, and
- Doing anything that is considered ‘immoral’ by society.
INDIAN LEGAL FRAMEWORK AND HONOUR KILLING
Although the term “honour killing” may not be explicitly used in the legal system, it is a crime that violates several human rights. Such acts of violence reinforce dangerous and oppressive social norms and inequalities that target women. It discourages people from exercising their rights in a democratic system and creates an overall lack of faith in governance and the legal system.
Although there is no direct mention of honour killing in the Indian Constitution, Articles 14, 15, 19, and 21 provide extensive frameworks for addressing the issue.[3]
Article 14 states that all citizens will have equal protection of law and will be treated equally by law.[4] An honour killing violates the principle of equality primarily as it most often targets women who marry of their own free will and choice, outside of the socially accepted framework. As per the article, every person, irrespective of caste, sex, race, religion and community, is entitled to the protection of laws equally. The court’s interpretation of Article 14 also states that the right to equality of a person is violated when there is an act of violence or discrimination against that person for exercising their free will.[5]
Article 15 prohibits discrimination on the grounds of religion, race, caste, sex or place of birth.[6] An honour killing also violates Article 15, as the victims are punished for exercising their free will and for choosing their life partner. Article 15 is a safeguard against the underlying societal discrimination and biases that honour crimes are based upon.
Article 19 is the provision of the freedom that is the basis of the functioning of a democratic society[7]. This includes the freedom of speech and expression, freedom of assembly, and freedom of movement.
Honour killing is a particularly brutal violation of the freedom of speech provisions of Article 19, because it particularly targets women. In the prevailing conditions of illiteracy and backwardness in society, women are denied the freedom to choose their life partner, and the women are, in fact, denied the freedom to claim their rights.
Article 21 also guarantees the right to life and personal liberty.[8] In the opinion of the Supreme Court, the right to life includes the right to dignity and the right to make the choice of the life partner.[9] The Supreme Court has also held that the right to life also includes the right to be free from the violence of the community. The oppression of the State holds the obligation to protect against honour crimes[10].
The Bhartiya Nyaya Sanhita, 2023, which has replaced the Indian Penal Code, 1860, does not make any specific provision to deal with “honour killing”. Therefore, honour killing is dealt with through the provisions of other general laws, depending upon the nature of the acts.
- Section 300-302-IPC/101-BNS: Murder and its punishment: As per the above sections, murder is defined as causing the death of a human being with intention[11]. Punishments include life imprisonment and, in certain cases the death penalty, with a provision for fine[12]. In case of death resulting from “honour-related violence, the accused may be charged under these sections if it is proved that the killing was intentional.
- Section 120-IPC/61(1)-BNS: Criminal Conspiracy: These sections are concerned with the agreement of two or more persons to do an illegal act or to achieve a legally permissible purpose by illegal means[13]. In the case of an honour killing, criminal conspiracy would apply in cases where it is established that a group of persons collectively planned or organised the actions that subsequently resulted in the offence.
- Section 34-IPC/3(5)-BNS: Acts Done by Several Persons in Furtherance of Common Intention.
- Section 107-116 IPC/45-57 BNS: Abetment of Crime: These provisions create liability for persons who instigate, assist, motivate, or make an offence easier to commit. With respect to cases of honour-based violence, liability can extend to individuals or groups that overtly support, propagate, or aid the planning or commission of the offence.
CASE LAWS
- Shakti Vahini v. Union of India:[14] In this instance, the Supreme Court took expansive steps to outlaw honour killings. The community’s meddling in marital affairs, with particular emphasis on community affairs, was ruled illegal and said to infringe on the constitutional right to marry. The court emphasised that the choice of the life partner is a right guaranteed under Article 21 of the Indian Constitution.
- Lata Singh v. State of U.P., (2006) 5 SCC 475:[15] This ruling is the first of its kind in India, where the right to marry of one’s own choice and freedom from societal pressure are recognised. The Court further observed that marriages of whatever nature involve no criminality or immorality, and any threat of violence to the community members to prevent such marriages remains a criminal act. The Court further directed the police and the administration to protect those marrying inter-caste and inter-faith and to ensure that the perpetrators of honour crimes are given the harshest punishment under the law.
CONCLUSION
Honour killings are a more extreme example of the repression of individual freedoms and decision-making, particular to one’s social standing, that includes the subjugation of women and men’s control of women’s choices and sexual freedoms. In more stratified social systems, e.g., caste-based societies, community and family dictate social preference and will often make social obligations and restrictions on relationships, social engagements, and day-to-day living.
The continuous occurrence of honour killings despite the existence of laws against them underscores that more systemic and structural changes are required in society. Legal and systemic remedy must be coupled with social awareness and education, outreach and support programmes targeted at the most vulnerable. The promotion and the protection of the right to equality in balancing societal obligations and the dignity of individual choices and freedoms must be the focus of the state and civil society.
A truly representative, progressive society removes the ability and social justification to discriminate against individuals in the choices they make. Establishing and holding to the primacy of human dignity and social justice is the only way to genuinely be able to remove the social customs that dictate the control of families over individual members of the community.
Author(s) Name: Raj Nandini (Central University of South Bihar)
References:
[1] Rajat Tomar and Nidhi Sharma, ‘Indian framework against Honour Killing’ (2025) 11(4) International Journal of Law 26 <https://www.lawjournals.org/assets/archives/2025/vol11issue4/11054.pdf > accessed 09 June 2026
[2] Dvji Sutariya, ‘State-wise Analysis for Honor Killings in India 2025’ (India Data Map, 01 October 2025) <https://indiadatamap.com/2025/10/01/state-wise-analysis-for-honor-killings-in-india-2025/> accessed 09 June 2026
[3] Shaziya Sagar Durrani and Mohammad Hussain, ‘Addressing Honour Killings as Hate Crimes in India: A Critical Analysis of Legal Framework and Human Rights Violations’ (2025) 7(3) Indian Journal of Law and Legal Research <https://www.ijllr.com/post/addressing-honour-killings-as-hate-crimes-in-india-a-critical-analysis-of-legal-framework-and-hum> accessed 10 June 2026
[4] Constitution of India 1950, art 14
[5] Maneka Gandhi v Union of India 1978 AIR 597
[6] Constitution of India 1950, art 15
[7] Ibid art 19
[8] Ibid art 21
[9] Justice K S Puttaswamy (Retd) and Anr v Union of India and Ors (2017) 10 SCC 1
[10] Shakti Vahini v Union of India and Ors (2018) 7 SCC 192
[11] Bharatiya Nyaya Sanhita 2023, s 101
[12] Ibid s 103
[13] Ibid s 61(1)
[14] Shakti Vahini v Union of India and Ors (2018) 7 SCC 192
[15] Lata Singh v State of UP and Anr (2006) 5 SCC 475