Vaibhav Babarao Abhyankar
Recently, in Maharashtra’s Pune district, a tragic event occurred where a Dalit boy who married a girl from the Maratha community (so-called upper caste) was brutally murdered by his spouse’s family members. This highlights the ongoing issue of honour killings related to inter-caste marriages in India. Earlier, such incidents happened in Maharashtra and also in the overall india. We can see only the data of incidents reported, but we don’t know about the unreported incidents. As per the data given in parliament by the Union Minister of State in 2021, 145 incidents of “honour killing”, including 50 in Jharkhand, took place in the country between 2017 and 2019. 92 incidents of honour killing took place in the country in 2017, 29 in 2018, and 24 in 2019. The highest number of 50 honour killings have taken place in Jharkhand between 2017 and 2019, 19 in Maharashtra, and 14 in Uttar Pradesh
Caste and religion have been integral components of Indian society since time immemorial. These systems create rigid divisions between communities, leading to social tension and discrimination. Despite legal safeguards, inter-caste marriages often result in honour killings, especially in rural areas where traditional norms are deeply entrenched.
Historical Perspective on Inter-Caste Marriage
Dr. B.R. Ambedkar stated that inter-caste marriage is the true remedy for breaking caste barriers, as the fusion of blood fosters a sense of unity. In ancient India, marriages were arranged within the same caste, and inter-caste unions were discouraged. Over time, urbanization, education, and economic progress have influenced the incidence of inter-caste marriages, though resistance persists. Shahu Maharaj pioneered the legalization of inter-caste marriages in the Kolhapur state through the Inter-Caste Marriage Act. He also abolished the Balutedar system in 1918, granting individuals the right to pursue any profession without caste-based restrictions.
Caste-Based Marital Practices in Different Communities
Hindus primarily prefer intra-caste marriages, and similar practices exist among Muslims, Sikhs, Christians, Parsis, and Jains. Social stigma and fear of exclusion discourage many from opting for inter-caste marriages, leading to difficulties in cultural assimilation. Despite legal protections, inter-caste marriages can result in honour killings. The belief that family honour is tied to a woman’s chastity and caste status fuels these crimes. Honour killings are still prevalent, especially in northern India, where families retaliate against inter-caste unions.
In Indian civilization, there are two divisions: caste and religion. Despite various legislative revisions and numerous documentaries and value education, people’s conceptions of caste remain intact. When some cultural groups do not permit inter-religious marriage, some inter-caste weddings are also refused. This is because a person cannot marry on his or her own or parents’ gotra. Not only do caste weddings lead to honour killings, but they also lead to inter-religious marriages.
According to Justice Markandey Katju in a Supreme Court decision (Latha Singh v. State of Uttar Pradesh (2006) 5 SCC 475), honour killings are nothing more than cold-blooded murders.” Intercaste and interfaith marriages should be encouraged to build the social fabric,” the Supreme Court stated.
Indian films on inter-caste relationships
In Sairat (Marathi movie), the film’s director highlights how love across caste lines faces hatred, violence, and social rejection. He shows that inter-caste marriage is still seen as unacceptable in many places, especially when it challenges the pride and ego of powerful families. The director also presents the innocence and purity of young love, which stands in contrast to the cruelty of a caste-driven society. In the end, Sairat leaves a strong message that true love can break caste barriers, but society’s mindset still has a long way to change.
In Geeli Pucchi (Hindi movie), the director presents a subtle take on inter-caste love and attraction, but in a very different way from typical love stories. The film revolves around Bharti, a Dalit woman, and Priya, an upper-caste, married woman. Their growing friendship slowly develops emotional closeness, hinting at a bond beyond friendship. However, the caste barrier silently stands between them. When Priya learns about Bharti’s caste identity, her behavior changes, showing how caste prejudice overpowers emotions and connection. The movie shows a hidden love-like bond silently destroyed by caste differences. It reflects how caste affects romantic love, emotional intimacy, trust, and acceptance in relationships.
Some Factors Responsible for Honour Killings
Lack of Rights Awareness: One of the reasons for honour killings is the unawareness of the rights guaranteed, and how they can claim their rights.
Honour-Based Crime: This is a widespread occurrence in India, where the notion of safeguarding their so-called honour is accomplished by killing someone.
Caste System: This is the primary reason for opposition to inter-caste marriages. Religious groups do not permit inter-religious marriage, and within a religion, inter-caste weddings are also refused. This is because a person cannot marry on his or her own or parents’ gotra, leading to honour killings.
Factors Promoting Inter-Caste Marriages
Urbanization, education, and economic status: Higher incidence in cities due to more intermingling of groups and lower social controls on personal lives. Educational institutes and professional workplaces offer more chances for individuals from different social groups to interact, and are more likely to opt for inter-caste marriages. Wealthier individuals have greater freedom in choosing their partners.
Honour Killing and Statistics
People of various religions, castes, and subcastes live in India. The caste system and other religious rituals have an impact on people, and they mindlessly obey them. For example, if a person commits something that is against his or her family’s honour, his or her family members will kill him or her to maintain the family’s honour. This type of behavior is known as honour killing.
The Indian government did not record honor killings until 2014. Due to a lack of specific honor violence laws, the killings were often reported as homicides or suicides. In mid-2007, according to a Delhi-based survey report of the Indian Population Statistics Survey (IPSS), almost 655 homicidal cases of honor killings were registered in India. As per the graph above, in Uttar Pradesh, the honor killing percentage is 25%, which is comparatively low as compared to Haryana, where the honor killing percentage is as high as 35%, and in total North-Western India region is 40%. This graph compares the honor killing rates of two North Indian States, which are infamous for their high honor killing records. As per this survey, around 40% of honor killings occur in the northwestern parts of India.
The Dalit Human Rights Defenders Network (DHRHNet), along with the National Council for Women Leaders (NCWL) presented a report that includes 24 cases from 2012 to 2021 for a thorough analysis and thematic origin. In 24 cases, 20 victims were men who were either killed or grievously injured by their partners’ families. Most victims/survivors were from the Scheduled Caste community across the eight states surveyed. According to a United Nations estimate, family members murder 5,000 women and girls each year. Even though the All Domestic Women’s Association offered numerous recommendations, the government took no action, and India still lacks a specific law.
Legal Provisions Protecting Inter-Caste Marriages
Though there is no dedicated Inter-Caste Marriage Act, several provisions offer protection.
1) The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted by the Parliament of India to avert atrocities against Scheduled Castes and Scheduled Tribes. The Act is linked to honor killings because numerous incidents of honor killing are concerning caste and religion.
2) The Protection of Human Rights (Amendment) Act, 2006, makes provisions for the protection of individual rights of human beings and the constitution of a National Human Rights Commission, State Human Rights Commission, and Human Rights Courts for better protection of the human rights of individuals.
3) The Protection of Women from Domestic Violence Act, 2005 provides for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto
Special Marriage Act, 1956. This was made to adhere to the secular characteristics of Indian democracy. It was made to protect and legalize interreligious as well as inter-caste marriages, which were initially unconventional in society. Yet, the issue of caste is too deeply ingrained into the blood of the people, as they desperately cling to the identity that it gives them. In parliament, a bill has been introduced that modifies the Indian Penal Code, the Special Marriage Act, and the Indian Evidence Act. The special marriage statute was updated in 2015 to add provisions for a 30-day notice period for marriages solemnized under the act. The entire process takes about 45 days. Because they are vulnerable, the couple may be attacked or killed during this time, a situation known as “honour.”
Indian Penal Code (IPC) Honour Killings involve the murder of a particular person, especially women, and thus it comes under Section 299 and Section 300 of IPC. It is also a violation of Article 19 and Article 21 of the Constitution. Thus, brutal murders under the name of saving the family honour also count as murder, as every person has the right to live. Here, capital punishment is also possible, only when granted by the law.
Constitutional Rights The Constitution of India has articles stating rights of a person to go to his/her wish irrespective of religion or sex and assurance from honor-related violations, including honor killings. Such killings also violate Articles 14, 15 (1) and (3), 17, 18, 19, and 21 of the Constitution of India. Article 21 states: “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” This right, articulated in the Indian constitution, gives the right of a person to live, and this right cannot be taken away unless a procedure is established by law.
SC overruled its judgment of the A.K. Gopalan Case by taking a wider interpretation of Article 21. It ruled that the Right to Life and Personal Liberty of a person can be deprived by law on the condition that the procedure prescribed by that law is reasonable, fair, and just. Further, it clarified that the right to life does not merely mean animal existence. It held that all those aspects of life which go to make a man’s life meaningful, complete, and worth living will be included in this.
Supreme Court Judgments on Honour Killings
Shakti Vahini vs UOI
- Proactive identification of vulnerable areas.
- Enhanced police awareness and responsiveness.
- Early intervention and dialogue with Khap Panchayats.
- Strict monitoring and legal enforcement to prevent honor-based violence.
- Utilizing legal provisions for the immediate prevention of violence.
- Establishing a national framework for coordination and sensitization.
- Building institutional mechanisms and promoting social awareness for long-term change.
- Rapid legal response to Khap Panchayat diktats.
- Ensuring thorough police investigations.
- Providing robust protection and safe havens for victims.
- District Magistrate/Superintendent of Police must handle complaints with utmost sensitivity.
- They must first verify that the individuals involved are capable adults.
- If requested, they should provide logistical support for the couple’s marriage and/or registration, under police protection.
- After the marriage, if the couple desires, they can be provided accommodation in a safe house for a nominal fee.
- The initial period is one month, extendable monthly, but not exceeding one year in total.
- The duration is determined by a case-by-case threat assessment.
- This ensures that the authorities are providing real, tangible aid to those in danger.
Accountability for Non-Compliance: Failure by police or district officials to follow the outlined directives will be considered deliberate negligence or misconduct. Departmental action must be taken under the service rules. The departmental action should be completed within six months.
- Disciplinary Action for Negligence: Reinforcing the ruling in Arumugam Servai, states are directed to take disciplinary action against officials who:
- Fail to prevent an incident despite prior knowledge.
- Fail to promptly apprehend and prosecute culprits after an incident.
- Special Cells for Victim Support: State governments must establish Special Cells in every district. These cells will comprise the Superintendent of Police, District Social Welfare Officer, and District Adi-Dravidar Welfare Officer. The purpose is to receive and address petitions/complaints of harassment and threats against inter-caste couples.
- 24-Hour Helpline: The Special Cells must establish a 24-hour helpline. This helpline will receive and register complaints and provide necessary assistance, advice, and protection to couples.
- Expedited Trials: Criminal cases related to honor killings or violence against couples will be tried in designated Courts/Fast Track Courts. Trials must proceed on a day-to-day basis and be concluded preferably within six months of cognizance. This directive applies to both new and pending cases. The District Judge will assign these cases to one jurisdictional court, where possible, to ensure speedy resolution.
Lata Singh vs State of UP
This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut-off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. …
Arumugai Servai vs State of Tamil Nadu
We have in recent years heard of “Khap Panchayats” (known as “Katta Panchayats” in Tamil Nadu) which often decree or encourage honour killings or other atrocities in an institutionalised way on boys and girls of different castes and religion, who wish to get married or have been married, or interfere with the personal lives of people. We are of the opinion that this is wholly illegal and has to be ruthlessly stamped out. As already stated in the Lata Singh case, there is nothing honourable in honour killing or other atrocities and, in fact, it is nothing but barbaric and shameful murder. Other atrocities in respect of the personal lives of people committed by brutal, feudal-minded persons deserve harsh punishment. Only in this way can we stamp out such acts of barbarism and feudal mentality. Moreover, these acts take the law into their own hands, and amount to kangaroo courts, which are wholly illegal.
Bhagwandas vs State (NCT of Delhi)
Wherein it has been stated that many people feel that they are dishonoured by the behaviour of the young man/woman who is related to them or belongs to their caste simply because he/she is marrying against their wish or having an affair with someone, and hence they take the law into their own hands and kill or physically assault such person or commit some other atrocities which is wholly illegal. Regarding the expression of unhappiness with the behaviour of a daughter or other person, the Court observed that the maximum a person can do is to cut off social relations with her/him, but he cannot take the law into his own hands by committing violence or giving threats of violence.
Government Schemes and Incentives
Dr. Ambedkar Scheme for Encouraging Inter-Caste Marriages: The Maharashtra government will give ₹2.5 lakh as incentive to couples entering inter-caste marriages, but with a caveat that either the groom or bride must be from the Scheduled Caste category and the marriage must be performed at a mass wedding ceremony organised by the Dr. Babasaheb Ambedkar Samata Pratishthan (DBSNP), an autonomous company working under the State government’s Social Justice Department (SJD). Inter-caste couples currently receive ₹50,000 from the State. In 2017, the Centre had announced a scheme with an incentive of ₹2.5 lakh.
Protection Homes and Shelter Schemes The Maharashtra Andhashraddha Nirmulan Samiti (MANS), founded by the late rationalist Dr Narendra Dabholkar, has set up a safe house in Satara district to protect inter-caste and inter-religious couples.
The State told the Bombay High Court that the Home Department had issued a circular on December 18, 2024, stating that it has safe houses in government guest houses in every district of Maharashtra. The assurance came during a hearing of a case of an interfaith couple.
Savitaben Ambedkar Scheme The scheme “Dr. Savitaben Ambedkar Inter Caste Marriage Assistance Scheme” is implemented by the Director of Scheduled Caste Welfare, Department of Social Justice & Empowerment, Government of Gujarat. The scheme has been implemented as part of social empowerment by addressing inequality through marriages between individuals from the Scheduled Castes of Hinduism and those from castes other than the Scheduled Castes of Hinduism. Under the scheme, the couple is provided financial assistance of ₹2,50,000/- to encourage inter-caste marriages between Scheduled Castes and other Hindus. This scheme is a centrally sponsored initiative with a 50% contribution from both the state and central governments.
Need for Reforms and Stronger Implementation
The government should improve incentives, simplify legal procedures, and ensure adequate protection for inter-caste couples. The legislative framework should be strengthened to curb honour killings effectively. While existing laws are sufficient if properly implemented, some argue for more stringent and specific legal provisions.
- There is an urgent need for specific legislation like the Prevention and Control of Honour Killing Act on the equal footing of the Sati Prevention Act, 1987, and the Dowry Prohibition Act, 1961, etc.
- Illegal acts of Khap Panchayat that result in the death of a person should be punishable with a death sentence or life imprisonment with a heavy fine, and seize the entire property of a member of Panchayat, and in such cases, the whole Panchayat should be held responsible for the death of a person.
Conclusion
For centuries, Indian society has been divided along caste and religious lines. Despite social reforms, the deep-rooted caste system continues to hinder progress. While inter-caste marriages challenge these norms, resistance persists in many parts of the country. Strong legal enforcement, awareness campaigns, and social acceptance are necessary to eliminate caste-based discrimination and honour killings in India. ‘Police’ and ‘Public Order’ are State subjects under the Seventh Schedule to the Constitution of India. The responsibilities to maintain law and order, protection of life and property of the citizens rest primarily with the respective State governments. The State Governments are competent to deal with such offences under the extant provisions of law. There have been numerous ideas connected to the presentation of new separate laws towards honor killing however, the governing body to date has proved unable to make any law or separate enactment in such a manner. The solution to this problem mainly lies in the eradication of myths in the minds of people. Cases such as these show that more than half of the Indians still lead lives within the strong crutches of the caste system, and even today, youths don’t have the power to make decisions regarding their own lives. To see that even today, people blindly commit such barbaric crimes and consider it an act of sanctifying the impure shows that India has not modernized. Development has to be from the very base to the core.
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Vaibhav Babarao Abhyankar is a student of Law at the University of Delhi.
