Monday, June 3, 2019

The Lost Honor Killing For False Honor Criminology Essay

The Lost watch cleansing For False note Criminology EssayAn watch over effaceing is the homicide of a member of a family or social group by other members, due to the belief of the perpetrators that the dupe has brought dis discover upon the family or community. Honor bolt downings argon directed nighly against women and girls, but brace been extended to men.Qays bin Asim, ancient leader of Banu Tamim is credited by round historians as the scratch to kill children on the basis of detect. It is recorded that he dispatch all of his daughters to anticipate them from ever causing him any kind of dis keep an eye on.The perceived dis recognize is normally the force of unrivalled of the followe deportments, or the suspicion of such behaviors dressing in a manner un learnable to the family or community, wanting to destinationinate or prevent an arranged wedding party or desiring to marry by own choice, especially if to a member of a social group deemed inappropriate, engagin g in straightaway acts outside marriage and engaging in homosexual acts.Human Rights Watch defines honor killings as followsHonor killings are acts of vengeance, usually death, committed by anthropoid family members against female family members, who are held to have brought dishonor upon the family. A woman can be targeted by (individuals within) her family for a variety of flat coats, including refusing to enter into an arranged marriage, being the victim of a sexual assault, holdking a divorce-even from an abusive husband-or (allegedly) committing adultery. The mere perception that a woman has behaved in a way that dishonors her family is sufficient to trigger an besiege on her life.Men can as well be the victims of honor killings by members of the family of a woman with whom they are perceived to have an inappropriate relationship. The loose term honor killing applies to killing of both males and females in kitchen-gardenings that utilise it.Some women who bridge social divides, publicly engage other communities, or adopt approximately of the customs or the religion of an outside group may be attacked. In countries that receive immigration, some otherwise low-status immigrant men and male childs have asserted their governing patriarchal status by inflicting honor killings on women family members who have participated in public life, for example in feminist and integration politics.Honor killing in IndiaTerming love marriage as honor killing for families is a primitive thought. Even we talk about culture and tradition, then too just tack together up the epic and you find that then also alliances happened only as love marriages. People here are just running after garble and rotten concepts, which actually have no meaning and gravity.Recently, on that point has been a spate of honor killings in the country and this has led the regime to decide what rectitudes should be pitch in place to stop this heinous crime. More than 1,000 young people i n India have been done to death every year owing to Honor Killings linked to forced marriages and the country accepts to introduce stringent legislation to deal firmly with these heinous crimes. Supreme judicatory has said the government must explain what it is doing to prevent honor killings. Taking note of the rise in honor crimes, the Supreme Court demanded responses from the federal government and state governments of Punjab, Haryana, Bihar, Uttar Pradesh, Rajasthan, Jharkhand, Himachal Pradesh and Madhya Pradesh. Honor killing is the murder of any family member or social group member by other people due to the belief of perpetrators who feel that the murdered persons put throughs have brought dishonor upon the family or group. The loose term honor killing applies to killing of both males and females in cultures that practice it.The most watched scenes of honor killing in our country are reflecting that this is a death that is awarded to a man or woman of the family for marry ing against the parents wishes, having extramarital and premarital relationships, marrying within the like gotra (Brahmins use gotra for deciding marriages) or outside ones caste or marrying a cousin from a different caste. In fact we have had a tradition of honor killing. This tradition was first viewed in its most horrible form during the Partition of the country in between the years 1947 and 1950 when many women were forcefully killed so that family honor could be preserved. During the Partition, there were a lot of forced marriages which were causing women from India to marry men from Pakistan and vice-versa. And then there was a search to hunt down these women who were forced to marry a person from another country and another religion and when they returned home they were killed so that the family honor could be preserved and they were not declared social outcastes from their region. At that time, the deviate of religion and social control was much greater and hence there wer e at least a couple of honor killings a day, if not more. The partition off years can be seen to be the beginning of the tradition of honor killing on a large scale.The misconception about honor killing is that this is a practice that is limited to the rural areas. The truth is that it is spread over such a large geographical area that we cannot isolate honor killings to rural areas only, though one has to admit that majority of the killings take place in the rural areas.But it has also been seen recently that even the metropolitan cities like Delhi and Tamil Nadu are not safe from this crime because 5 honor killings were account from Delhi and in Tamil Nadu a daughter and son in justness were killed due to marriage into the same gotra.The second misconception regarding honor killing is that it has religious roots. Even if a woman commits adultery, there have to be four male witnesses with good behavior and reputation to validate the charge. Furthermore only the State can carry o ut judicial penalisations, but never an individual vigilante. So, we can clearly see that there is no religious backing or religious roots for this heinous crime.Reasons of honor killingSociologists believe that the reason why honor killings bide to take place is because of the continued rigidity of the caste system.The fear of losing their caste status through which they gain many benefits fudges them commit this heinous crime.The other reason why honor killings are taking place is because the mentality of people has not changed and they just cannot accept that marriages can take place in the same gotra or outside ones caste.The root of the cause for the increase in the number of honor killings is because the formal governance has not been able to reach the rural areas and as a result.Thus, this practice continues though it should have been removed by now.Honor killing in different states of India and communitiesHonor killings have been reported in Yankee regions of India, main ly in the Indian states of Uttarakhand, Punjab, Rajasthan, Haryana, Uttar Pradesh, as a result of people marrying without their familys acceptance, and sometimes for marrying outside their caste or religion. In contrast, honor killings are archaic to non-existent in South India and the western Indian states of Maharashtra and Gujarat. In some other parts of India, notably West Bengal, honor killings ceased about a century ago, generally due to the activism and influence of reformists such as Vivekananda, Ramakrishna, Vidyasagar and Raja Ram Mohan Roy.Among Rajputs, marriages with members of other castes can provoke the killing of the marry couple and immediate family members. This form of honor killing is attributed to Rajput culture and traditional views on the perceived purity of a lineage.The Indian state of Punjab has a large number of honor killings. According to info compiled by the Punjab Police, 34 honor killings were reported in the state between 2008 and 2010 10 in 200 8, 20 in 2009, and four in 2010.Haryana and Uttarakhand are also notorious for incidents of honor killing, mainly in the upper caste of society, among rajputs and jaats. Bhagalpur in the eastern Indian state of Bihar has also been notorious for honor killings. Recent en cocktail dresss intromit a 16-year-old girl, Imrana, from Bhojpur who was set on fire inside her house in a case of what the police called moral vigilantism. The victim had screamed for help for about 20 minutes before neighbours arrived, only to find her smouldering body. She was admitted to a local hospital, where she later died from her injuries. In May 2008, Jayvirsingh Bhadodiya shot his daughter Vandana Bhadodiya and taken with(p) her on the chair with an axe. In June 2010 some incidents were reported even from Delhi.In a landmark judgment in March 2010, Karnal district court ordered the execution of fiver-spot perpetrators of an honor killing in Kaithal, and imprisoning for life the khap (local caste-bas ed council) chief who ordered the killings of Manoj Banwala (23) and Babli (19), a man and woman of the same clan who eloped and married in June 2007. Despite having been condition police protection on court orders, they were kidnapped their mutilated bodies were found a week later in an irrigation canal.Fight against honor crimes A tale of five girlsMukesh Malik 28Mukesh became eyesore of her family members when in 2006 she told about her wish for inter-caste marriage.I was jailed in my own house for three months, she said.According to Mukesh, her parents did not like her idea for an inter-caste marriage. Then, they started looking a boy of their choice for me but I preferred to leave the village, she added.A degree holder in mass communication, Mukesh joined a vernacular for her livelihood. Though, after some time she left the job and started working for a woman organization, AIDWA. On March 29, 2011, she finally married a journalist, who is not from her catse.Seema 25Seemas broth er Manoj alongwith his married woman Babli were killed for marrying in the same gotra. A constable in Haryana police, Seema alongwith her mother is fighting for justice in the courts against the killers. They are pitted against khap panchayats across the region and the political establishment. She is vitality under police protection.Monika, 20Monika, a graduation student of a Sonipat college, was reportedly married to Gaurav Saini of Delhi in 2009. In the documentary, Gaurav tells about Monicas struggle to lead an separate life and the subsequent problems their marriage faced since they belonged to different castes.Anjali Chahal, 24Anjali sees education as a way to break out of the arranged marriage and municipal life her family wants for her. Her M.Phil thesis, on honour crimes, is her answer to the voice of tradition.Despite the proliferating educational standards and economic prosperity, the society and I say the civil society including the niche, where I coiffe from, justify the killings in the name of so-called honor. My hunch is to unravel the underlying reasons and desires of the aggressiveness of this particular community in Haryana.Geetika, 20Geetika, a student of Delhi University, directs a street play on honour crimes. She approaches the play keeping in mind her own convey to question the belief systems she was heir to.LegalTerming the practice of khap panchayats of handing down punishment to couples who go for sagotra or inter-caste marriage as flagrant violation of the law, the Law Commission came up with a draftsmanship legislation which seeks to make such acts a non-bailable offence.The Home Ministry had made intention to amend Sec 300 of the IPC to define honour killing as separate crime. Out of 28 states, 18 have responded with Haryana opposing any such move and states like UP, Delhi and Rajasthan supporting the idea.On 5August 2010, in a sevens session, Chidambaram proposed a measuring stick that included public stripping of women an d externment of young couples from villages and any act which is humiliating will be punished with severityThere is also a proposal to amend the Evidence Act, Code of Criminal Procedure and the Special Marriage Act to check the menace of honour killing through a draft bill The Indian punishable Code and Certain Other Laws (Amendment) Bill, 2010, government sources told PTI.The law commission of India has said there is no need to alter the translation of murder under Section 300 of the Indian Penal Code (IPC) to deal with honour killings.The commission is prima facie of the view that there is no need for introducing a furnish in Section 300 IPC in order to bring the so-called honour killings within the ambit of this provision, the panel said in a consultation paper.The motive behind killing a person does not furnish real justification to introduce a separate provision in Section 300. Probably, the addition of such a clause may create confusion and interpretational difficulties,The panel was particularly concerned in view of the reported proposal to shift the onus of proof in such cases from the prosecution to the defence i.e. the accused. This means the accused would be deemed vile until he is able to study his innocence during trial.The panel, however, agreed that there was a need to deal with the problem. In what could preempt such offences, the panel suggested that unlawful assembly of people for taking action in case of marriages against the mandate of the society should be made an offence punishable under law.In June 2010, scrutinizing the increasing number of honor killings, the Supreme Court of India issued notices to the Central Government and six states including Uttar Pradesh, Punjab, Haryana and Rajasthan to take preventive measures against honor killings.Alarmed by the rise of honor killings, the Government planned to bring a bill in the Monsoon Session of Parliament July 2010 to provide for deterrent punishment for honor killingsInternational aspect of honor killingIts worth mentioning here that Honor Killing is not specifically related to India only. This is a practice that continues to be prevailing in North and South America, Africa, Turkey and many other countries. But the topic that has to be kept in mind is that the number of incidents relating to this crime is very low and there is a very strict punishment for committing this crime in other countries.Many womens groups in the Middle East and Southwest Asia suspect that more than 20,000 women are killed each year.Changing cultural and economic status of women has also been used to explain the gorences of honor killings. Women in largely patriarchal cultures who have gained economic independence from their families go against their male-dominated culture. Some researchers argue that the shift towards greater business for women and less for their fathers may cause their male family members to act in oppressive and sometimes violent manners in order to regain aut hority.This change of culture can also be seen to have an effect in Western cultures such as Britain where honor killings much arise from women seeking greater independence and adopting seemingly Western values. For women who trace their ancestry back to the Middle East or South Asia, wearing clothes that are considered Western, having a boyfriend, or refusing to accept an arranged marriage are all offenses that can and have led to an honor killing.Countries where the law is interpreted to allow men to kill female relatives in a premeditated effort as well as for crimes of passions, in flagrante delicto in the act of committing adultery, includeHaiti clause 269 of the penal code states in the case of adultery as provided for in hold 284, the murder by a husband of his wife and/or her partner, immediately upon discovering them in flagrante delicto in the conjugal abode, is to be pardoned.Jordan Part of article 340 of the Penal Code states that he who discovers his wife or one of hi s female relatives committing adultery and kills, wounds, or injures one of them, is exempted from any penalty. This has twice been put forward for cancellation by the government, but was retained by the Lower House of the Parliament, in 2003 a year in which at least seven honor killings took place. member 98 of the Penal Code is often cited alongside Article 340 in cases of honor killings. Article 98 stipulates that a reduced sentence is utilise to a person who kills another person in a fit of fury.Countries that allow men to kill female relatives in flagrante delicto (but without premeditation) includeSyria In 2009, Article 548 of the Syrian Law code was amended. Beforehand, the article waived any punishment for males who committed murder on a female family member for inappropriate sex acts. Article 548 states that He who catches his wife or one of his ascendants, descendants or sister committing adultery (flagrante delicto) or illegitimate sexual acts with another and he killed or injure one or both of them benefits from a reduced penalty, that should not be less than 2 years in prison in case of a killing. Article 192 states that a judge may opt for reduced punishments (such as short-term imprisonment) if the killing was done with an honorable intent. In addition to this, Article 242 says that a judge may reduce a sentence for murders that were done in rage and caused by an illegal act committed by the victim.Countries that allow husbands to kill only their wives in flagrante delicto (based upon the Napoleonic code) includeMorocco Revisions to Moroccos criminal code in 2003 helped improve womens legal status by eliminating unequal sentencing in adultery cases. Article 418 of the penal code granted extenuating circumstances to a husband who kills, injures, or beats his wife and/or her partner, when catching them in flagrante delicto while committing adultery. charm this article has not been repealed, the penalty for committing this crime is at least now the same for both genders.In two Latin American countries, similar laws were struck down over the past two decades according to human rights lawyer Julie Mertus in Brazil, until 1991 wife killings were considered to be non-criminal honor killings in just one year, well-nigh eight hundred husbands killed their wives. Similarly, in Colombia, until 1980, a husband legally could kill his wife for committing adultery.Countries where honor killing is not legal but is known to occur includeItaly Article 133 and 62 of the Italian Penal Code offer the possibility of reduced sentencing and punishment for crimes that occur within the offenders cultural norms. In the case of honor killings and other honor related crimes, these articles could possibly allow for honor killing offenders to justify the murder with claims that the killing was done because of cultural traditions. Italian Parliament member, Souad Sbai, suggested in 2010 that Italy amend these articles so that honor killings do not hav e extra protection under Italian law.Turkey In Turkey, persons found guilty of this crime are sentenced to life in prison. There are well documented cases, where Turkish courts have sentenced whole families to life imprisonment for an honor killing. The most recent was on January 13, 2009, where a Turkish Court sentenced five members of the same Kurdish family to life imprisonment for the honor killing of Naile Erdas, 16, who got pregnant as a result of rape.Pakistan Honor killings are known as karo kari. The practice is supposed to be prosecuted under ordinary killing, but in practice police and prosecutors often ignore it. Often a man must simply claim the killing was for his honor and he will go free. Nilofar Bakhtiar, advisor to Prime pastor Shaukat Aziz, stated that in 2003, as many as 1,261 women were killed in honor killings. The Hudood Ordinances of Pakistan, enacted in 1979 by then territoryr General Zia-ul-Haq, created laws that realigned Pakistani rule with Islamic law. The law had the effect of reducing the legal protections for women, especially regarding sex outside of the marriage. Women who made accusations of rape, after this law, were required to provide four male witnesses. If unable to do this, the alleged rape could not be prosecuted in the courts. Because the woman had admitted to sex outside of marriage, however, she could be punished for having sex outside of the marriage, a punishment that ranged from stoning to public lashing. This law made it that much more risky for women to come forward with accusations of rape. In 2006, the Womens Protection Bill amended these Hudood Ordinances by removing four male witnesses as a requirement for rape allegations. On December 8, 2004, under international and domestic pressure, Pakistan enacted a law that made honor killings punishable by a prison term of seven years, or by the death penalty in the most extreme cases. Womens rights organizations were, however, wary of this law as it stops short of outlawing the practice of allowing killers to buy their freedom by paying compensation to the victims relatives. Womens rights groups claimed that in most cases it is the victims immediate relatives who are the killers, so inherently the new law is just whitewash. It did not alter the provisions whereby the accused could negotiate pardon with the victims family under the Islamic provisions. In March 2005 the Pakistani sevens rejected a bill which sought to strengthen the law against the practice of honor killing. However, the bill was brought up again, and in November 2006, it passed. It is doubtful whether or not the law would actually help women.Egypt A number of studies on honor crimes by The Centre of Islamic and Middle Eastern Law, at the School of Oriental and African Studies in London, includes one which reports on Egypts legal system, noting a gender bias in favor of men in general, and notably article 17 of the Penal Code judicial discretion to allow reduced punishment in certain circumstance, often used in honor killings case.ConclusionWhat can we do to prevent such a thing from happening? Firstly, the mentality of the people has to change. And when we say that the mentality has to change, we mean to say that parents should accept their childrens wishes regarding marriage as it is they who have to lead a life with their life partners and if they are not satisfied with their life partner then they will lead a horrible married life which might even end in suicide. Parents might be right sometimes but killing own children in the name of honor doesnt leads to honor instead give birth to another crime. I would like to quote an example that if one cow is black in color, the other is brown, this one is white, another is black and whiteyet the milk from all of them is white in color. All are different paths to one destination. We live in a Universe and not Multi-verse. The man god created was not supposed to be divided and the discrimination in any form is the lowest understanding of life.Secondly, we need to have stricter laws to tackle these kinds of killings as this is a crime which cannot be pardoned because Humans do not have the right to write down death sentences of necessitous fellow humans. Its alarming time and the need is toStir our soul, arouse our mind, the truth is awakening.Is there any justification? Does our Hindu Religion support such brute(a) acts? Well, who cares for the Dharma Honor killing is related more too social clout and less to the religion. What is the Indian government doing then? It is yet to get acquainted with the changing reality Even if it becomes, nothing is going to happen. The government structure remains vulnerable to the whims of power and muscles. Whats the solution then? Honor killing is going to be in full swing. At last I would like to pray,Into that HEAVEN OF FREEDOM, my FATHER, let my country awake

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