HONOUR KILLING AND FUNDAMENTAL FREEDOMS: AN ANALYSIS

Abstract

Honour killings are generally committed by members of a family to preserve a perceived collective "honour" against blood relations whose conduct is regarded as immoral or dishonourable, and numerous young men and women in India have lost their lives to these killings. In a country governed by the rule of law, such acts must be dealt with severity, and honour killings, properly understood, are illegal and constitute a direct contravention of fundamental freedoms. This doctrinal paper examines honour killing within the framework of the fundamental freedoms guaranteed by the Constitution of India and by international human rights instruments, exploring the deep-seated cultural and sociological roots of "honour" as a mechanism for controlling female sexuality. By analysing the transition from the Indian Penal Code to the Bharatiya Nyaya Sanhita, the paper assesses whether the current legislative landscape provides an adequate deterrent for crimes motivated by perceived family or community dishonour, and traces the judiciary's evolution from simple condemnation of such acts to the comprehensive preventive, remedial and punitive guidelines issued in Shakti Vahini v. Union of India. The paper concludes with targeted recommendations, emphasising that the right to marry a person of one's own choice is an inseparable aspect of the right to life and personal liberty guaranteed under Article 21.