Honour Killing In India: A Critical Legal And Socio-Constitutional Analysis With Special Reference To Tamil Nadu
- IJLLR Journal
- 7 minutes ago
- 2 min read
S. Soundarya, BA LLB, S. Thangapazham Law College, Vasudevanallur, Tenkasi, Tamilnadu.
K. Rajesh Kumar, B.COM. ML., (Ph.D), Faculty of Law, S.Thangapazham Law College, Vasudevanallur, Tenkasi, Tamilnadu.
1. ABSTRACT
Honour killing represents one of the most disturbing manifestations of social control, where the claimed preservation of family or community “honour” is placed above an individual’s fundamental right to life, liberty, dignity, and choice. In India, such violence is frequently associated with inter-caste and inter- community relationships, opposition to self-choice marriages, patriarchal attitudes, and entrenched notions of family and social status. This research critically examines the phenomenon of honour killing in India, with particular emphasis on its causes, legal consequences, judicial response, and socio-cultural context of Tamil Nadu. Although Indian criminal law does not recognise “honour killing” as an independent offence, conduct resulting in such deaths attracts severe criminal liability under the existing legal framework, including the Bharatiya Nyaya Sanhita, 2023. Section 103 provides punishment for murder, while Section 103(2) specifically addresses murder committed by a group of five or more persons acting in concert on specified grounds including caste or community.
The study further analyses the constitutional protection of individual autonomy and the judiciary’s evolving approach towards honour-based violence, particularly the preventive and protective measures emphasised in Shakti Vahini v. Union of India. Tamil Nadu receives particular attention because caste-based social structures, resistance to inter-caste relationships, and community pressure constitute important contexts for honour-related violence. The research argues that criminal punishment alone cannot eradicate honour killing. Effective prevention requires coordinated institutional action, protection of vulnerable couples, social transformation, and stronger implementation of constitutional values. The study ultimately evaluates the capacity of India’s legal and institutional mechanisms to protect individual choice against collective notions of honour.
2. Keywords: Honour Killing; Honour Crimes; Caste-Based Violence; Inter- Caste Marriage; Individual Autonomy; Constitutional Morality; Patriarchal Control; Matrimonial Choice; Judicial Intervention; Tamil Nadu.
