In a bid to curb the menace of honour killings and save hapless couples from being victimised by self-appointed bodies, the National Law Commission has mooted a law that makes each and every person attending a Khap Panchayat that passes a diktat to kill, harass or victimise young couples liable for punishment.
Terming assembly of people during Khap Panchayats as unlawful it has prepared “The Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Act 2011,” to protect young couples from victimisation in the name of honour killing.
Unlawful Assembly under section 141 of the IPC is defined as assembly of five or more persons.
The proposal is similar to the Sati (Prevention) Act where all participating in the procession or witnessing the act of Sati too are seen as guilty and are booked for abetment of crime. They can invite even death penalty.
Though the Law Commission feels drawing comparison with Sati law is not appropriate as the magnitude and seriousness of that evil cannot be compared to honour killing, it still feels strict law is needed to deter people from even participating or witnessing decisions against honour killing. This, the Commission, feels will act as a deterrent.
“Although intimidation or acts of violence constitute offences under the Indian Penal Code, yet, it is necessary to prevent assemblies which take place to condemn such alliances. This Bill is therefore, proposed to nip the evil in the bud and to prevent spreading of hatred or incitement to violence through such gatherings,” the Commission said while seeking opinion from the public on the issue.
As per proposed law, no person or any group of persons can assemble at any time with the view to deliberate on or condemn any marriage (or intended marriage), which is otherwise not prohibited by law, on the basis that such marriage has dishonoured the caste or community tradition or brought disrepute to any persons or community.
It has suggested that every person organising and participating in such assembly should be punishable with imprisonment for a term of at least six months extendable up to one year. Those who exhort or bring pressure to prevent or disapprove of the marriage or creates an environment of hostility towards such couple should be deemed as endangering the liberty invited jail term for at least one year. Those involved in criminal intimidation of couples would invite higher jail term. District magistrates will have the power to prohibit such unlawful assemblies.
According to the Law Commission, Khap Panchayats exhibit least regard for life and liberty and their diktats cause threat to life and liberty.
“The views of village elders or family elders cannot be forced on the willing couple and no one has a right to use force or impose far-reaching sanctions in the name of vindicating community honour or family honour,” the Commission said.
The ministry of home affairs has already proposed amendments in IPC Section 300 (murder) by including honour killing as murder and shifting the burden of proof to the accused.
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