An AIDWA delegation comprising of Kirti Singh (Legal Convenor, Vice President, AIDWA), Sudha Sundararaman (Vice President, AIDWA) and Jagmati Sangwan (General Secretary, AIDWA) met the Law Minister impressed upon him to the importance of bringing in a standalone comprehensive law to address crimes and killing in the name of Honour.
Jagmati Sangwan- Gen. Secretary of AIDWA told, “The Law minister listen to the suggestion of the delegation and assured that he would look into the matter since he agreed this was a very serious situation.
He also said that he would consult the other relevant ministries and the NCW in this regard.”
Draft of memorandum submitted by AIDWA
ALL INDIA DEMOCRATIC WOMEN’S ASSOCIATION
NO. 2253- E, SHADI KHAMPUR, NEW RANJIT NAGAR,
NEW DELHI-110008
PH: 011-25700476, 25709565
Email : [email protected]
July 23, 2015
To
Shri D.V Sadananda Gowda
Hon’ble Minister,
Minister of Law & Justice,
Shastri Bhawan, New Delhi
Subject: Demand for a law on killings and crimes against young couples in the name of ‘izzat’ and honour.
Dear Shri Gowda ji,
We are making this representation on behalf of All India Democratic Women’s Association to request you to urgently enact a law to deal with crimes and killings in the name of honour. Our organization, with a membership of over 10 million women across the country, has been in the forefront of struggles and agitation against the crimes in the name of honour in different parts of the country, particularly in Haryana and some northern States.
As you are know, these crimes occur when a girl and a boy decide to get married and/or elope against their parents’ wishes and belong to different casts, religions or even within the same ‘gotra’ or village. We have seen that in a number of cases it is typically the girls’ family, her relatives or other members of her community or Panchayats like Khap Panchayat who claim that their ‘izzat’ is at stake. Sometimes members of the girls’ community or the Khap Panchayat Act alone or pressurize the girls’ family to disagree. These persons either acting together or alone then proceed to take revenge against the girl and the boy and his family by resorting to all forms of violent abuses and coercion acts . The police and the law and order machinery is also roped in to file false cases of kidnapping and rape against the boy.
The consequences of these are extremely grave and can result in injuries, torture and even death for the couple. We, therefore, feel it is urgent to reiterate that every young person in this country has the right to choose the person whom they want to marry or have a relationship with.
AIDWA had, therefore, on the basis of its experience, drafted a comprehensive law in 2010 on killings and crimes in the name of honour. This law which we are annexing to this letter states that any killing in the name of honour will always be considered a murder so that no mitigating circumstances are ever seen to exist. It also, most importantly, seeks to punish the entire range of violent and abusive acts which the girl and the boy and his family are subjected to either by the Khap and other extra-legal panchayats or by members of the girls’ families or her relatives or sympathizers. These acts like extraditing the couple or the boy’s family or anyone who supports them from the village; like declaring a couple brother and sister; like leveling illegal fines; like imposing social and economic sanctions against the boy’s family; like causing grave injury or hurt to the couple or either one of them; like forcibly marrying either both or one of them to other persons have all been defined in the comprehensive yet focused stand-alone legislation, which like the ‘Sati’ law deals with certain unique kinds of violent acts which we have repeatedly seen in these cases. The offense of criminal intimidation in the I.P.C or the other offences like grievous injury fail to address many of these violent acts and their consequences. In any case we feel that these specific acts all of which are grossly violent should be defined as crimes so that the law can be easily applied and data collected regarding them. The draft law also seeks to hold the police accountable for being complicit in the filing of false cases of kidnapping, rape etc., against the boy and for acting at the behest of the girls’ parents and/or community leaders instead of protecting the couple. The law also states that if a couple declare to a public official that they intend to get married, no further action can be taken against them. It further seeks to set up protective homes in all parts of the country on the lines of those presently existing in Haryana where these couples can take refuge. Most importantly, it also seeks to provide for compensation to these harassed and tortured couples who often have to flee, leaving their homes, belongings and jobs behind.
The AIDWA draft also give suo moto power to the District Magistrate/Collector to issue prohibitory orders to stop ‘diktats’ by the ‘Khap Panchayat’ and to take action whenever necessary to protect a young couple and their families.
It is relevant to mention that the NCW had also suggested a law on similar lines.
After the AIDWA ad NCW drafts, the Law Commission has also drafted a stand-alone law to deal with these criminal act. However, this law is highly inadequate as it does not make all the perpetrators of the crime punishable but only the members of “unlawful assemblies” (presumably the Khap Panchayats and other such assemblies) or those acting at their behest. Even violent acts in which these assemblies are not associated go unpunished. It does not deal with members of the families and relatives who also indulge in these violent and abusive acts acting on their own. The Commission’s proposal is also not comprehensive as it does not deal with the entire range of violent and abusive acts which take place like forced marriage and torture of the couple. It further does not provide for protection of the couple or a place of refuge for them. It has no provision for accountability of the police who nearly always act against these young couples and file false cases against them instead of protecting them. It also does not protect the right of the couple to marry or have a relationship of their choice by facilitating this through law.
We understand that the Government has circulated the Law Commission’s proposal to all the states but we strongly feel that the draft law as suggested by us should be enacted so that young citizens of our country can get justice and protection and their fundamental rights can be upheld.
Thanking you,
Yours sincerely,
Jagmati Sangwan Kirti Singh Sudha Sundararaman Nilam Katara
(Gen. Secretary) (Legal Convenor) (V.P, AIDWA )
