Government divided on dealing with honour killings
|
COMMENTS 
With no consensus about stricter punishment for the people behind honour killings, the Union Cabinet has decided to defer the proposed Khap Bill along with a move to amend existing laws to deal effectively with the social menace
The Centre has deferred its decision on a proposed Khap Bill to deal with the menace of honour killings. The matter will now be referred to a group of ministers (GoM), Information and Broadcasting Minister Ambika Soni said on July 8, 2010.
“The issue of so-called honour killings was discussed and it was decided that the Cabinet note will be sent to state governments for their view. It was also decided that the prime minister will form a group of ministers to discuss the note in greater detail,” the minister said after ministers were unable to arrive at a consensus on whether to introduce a Bill that would equate the ordering of such killings with murder.
Human Resource Development Minister Kapil Sibal and Road Transport and Highways Minister Kamal Nath were reportedly of the opinion that the current laws were not enough and that a separate Act was needed to deal with honour killings. Sibal is said to have proposed a separate Act (like the one on sati) to prevent such killings.
According to media reports, members of parliament from Haryana have strong reservations about the proposed Khap Bill. However, Soni told the media that there was no difference of opinion in the Cabinet on the issue, conceding that the “government was under pressure” to bring a Bill on the issue in the monsoon session of Parliament.
Against the backdrop of a recent spurt in honour killings, the Union Cabinet is considering stringent punishment for those involved in the crime. Sources in the Ministry for Women and Child Development said the proposed Bill brings honour killings under the definition of murder. The government is also considering changes in three existing laws to provide for stringent punishment for those guilty of such killings.
The Indian Penal Code and Certain Other Laws (Amendment) Bill, 2010 proposes to introduce a fifth clause to Section 300 of the IPC which, at present, defines “murder” under four categories. The proposed additional definition will make khap-dictated honour killings a distinct offence and will make all those who participate in the decision liable to be tried for the main charge of murder. This will make them liable for the maximum penalty, the death sentence.
The government also proposes to amend Section 105 of the Indian Evidence Act to shift the responsibility of proving innocence onto the accused, in cases of honour killings. Till now, according to Indian law, the prosecution has to prove the guilt of the accused.
According to these proposed measures, all members of caste panchayats (khaps) present when such killings are ordered will be charged with the offence of murder, not only those who carry out the actual killing. Presently, honour killers only face the charge of “conspiracy to kill” which leads to a punishment ranging from five years to a life term.
Government sources say the government plans to do away with the mandatory 30-day notice period under the Special Marriage Act for inter-caste and inter-religion marriages. The home and law ministries are of the view that this period is used by families opposed to marriages to harass the couple and, in some cases, even murder them.
Khap panchayats are common in Punjab and Haryana as also most of north India. They act swiftly and violently most often against couples who marry within the same gotra or caste. In the last few weeks, even cities like Delhi have seen several cases of honour killings where families have killed their daughters and sons-in-law for inter-caste marriages.
Source: The Hindustan Times, July 8, 2010
The Hindu, July 8, 2010
http://ibnlive.in.com, July 2010
http://www.ndtv.com, July 2010