The Hindu - India May 22, 2010
No honour in murder
Youngsters in certain parts of India today cannot choose their partners. If they still do and the choice violates arbitrary, extra-legal norms set down by caste panchayats, the consequence can be death. Isn't it time we built a popular movement against the medieval practice of honour killings.
by AMMU JOSEPH
A newly-wed bride and her mother-in-law were killed and the groom seriously injured by the girl's relatives in the Tarn Taran district of Punjab on May 11. According to the police, 19-year-old Gurleen Kaur's naked body had deep cuts in the neck area, and her shoulder and fingers had been mutilated. Her father, brothers and uncles obviously thought this was fit punishment for her crime: marrying 25-year-old Amarpreet Singh against their wishes.
Around the same time, an 18-year-old girl, Rajni Sahu, was murdered by her family in Allahabad (Uttar Pradesh) after they discovered she was pregnant. Although her death was initially sought to be passed off as a suicide, her elder brother subsequently confessed that she was killed because she was determined to marry a neighbourhood boy despite her family's disapproval. He told the media that he killed her “to safeguard the honour of our family.”
These are among the latest in the series of gruesome murders in the name of honour that have been reported from various parts of the country in recent months.
Will such so-called “honour killings” stop if the Hindu Marriage Act, 1955 is amended to prohibit marriages within the same gotra? Unlikely. That may be the most publicised of the demands and threats issued by the Khap Mahapanchayat — a congregation of caste Panchayats from Jat strongholds in Haryana, Uttar Pradesh and Rajasthan — in Kurukshetra on April 13, and subsequently elsewhere. But it was not the only one. They have also reportedly called for a ban on marriages within the same village and contiguous villages, as well as de-recognition of temple weddings uniting runaway couples.
Landmark judgment
The mythical gotra factor may have come to the fore because the Kurukshetra gathering was clearly triggered by the recent landmark judgment delivered by District and Sessions Judge Vani Gopal Sharma in Karnal (Haryana) in the case of Manoj and Babli Banwala, a young couple belonging to the same caste and gotra, who were murdered in 2007 because they dared to marry each other.
But, as scholar and activist Jagmati Sangwan has pointed out, not all honour killings even within Haryana involve same-gotra couples. According to her, the majority of the marriages condemned by Khap Panchayats are of couples who do not share a gotra.
Besides, even in a small state like Haryana, there are apparently areas and castes that permit intra-village and intra-gotra marriages, and do not have caste or Khap Panchayats. So the self-styled Khap Mahapanchayat cannot legitimately claim to represent all Hindu communities in Haryana, let alone the rest of India.
Most victims of “honour killings” reported from various parts of the country are young people who choose to love or marry outside their caste, sub-caste or religion. Not surprisingly, the socially and economically dominant castes are usually responsible for acts of reprisal against inter-caste relationships.
The bottom line is that, even today, many young lovers are punished — often with death — for having the temerity to fall in love across boundaries of caste or religion. Many caste groups, communities and families in several parts of the country still seem violently opposed to the right of young adults to choose a life partner (even though courts have upheld citizens' right to select their significant other, including a same-sex partner). In the name of preserving “social order” and saving the “honour” of the community, caste or family, all kinds of justifications are pressed into service. If the same village or gotra obstacle does not apply, there is always something else: a man was killed in Haryana last year for violating the “customary” proscription of marriage between residents of neighbouring villages.
Against individual choice
Opposition to matrimonial autonomy is so endemic in certain areas that in June 2008 Justice K.S. Ahluwalia of the High Court of Punjab and Haryana called for State intervention. While simultaneously hearing several cases relating to couples in the 18-21 age group he observed that the court was “flooded with petitions” seeking judicial confirmation of “the right of life and liberty of married couples,” while the State remained “a mute spectator”. “When shall the State awake from its slumber [and] for how long can Courts provide solace and balm by disposing of such cases?” he asked.
The recent spate of deaths attributed to “honour killing” and the aggressive, unrepentant posturing of Khap leaders seem to have pushed at least some in the government into taking a more decisive stand on the issue than was common in the past (under any political dispensation). However, it is no secret that these caste-based, extra-legal bodies enjoy at least tacit support from a number of political leaders, civil servants, police officers, lawyers and even judges. Already two politicians from Haryana — one supposedly enlightened, the other definitely old school — have publicly sought to make peace with the increasingly combative Khaps, albeit with riders (which ring rather hollow).
Sangwan's statement that “A legislature with little political will and a pliant executive will have to be made responsive under pressure of a mass movement” brings to mind a recent book by the woman who was largely responsible for catalysing a popular movement against honour killings in Jordan, one of the many countries where a life — especially a woman's life — appears to be worth less than “honour.”
Award-winning Jordanian journalist Rana Husseini's Murder in the Name of Honour is a passionate, powerful, provocative but remarkably positive and eminently readable book about the struggle against “honour killings” in her West Asian nation and the prevalence of the crime in several other countries, including the U.S., the U.K. and Europe. Drawing on her personal and professional experience, it vividly tells the fascinating story of her engagement with the subject from the day she followed up on a four-line report about a 16-year-old girl killed by her brother in one of Amman's poorer areas. Like the “kitchen accident” briefs in the Indian press in the 1970s that turned out to be about dowry-related murders, such reports were common in the Arabic press. As a cub crime reporter with The Jordan Times, Husseini felt the need to further investigate such deaths.
Relentless coverage
Each terrible tale she uncovered (described in chilling detail in the book) strengthened her determination to become the voice of women murdered by their own relatives and to make so-called honour killings into a national issue. Her relentless reporting of every case she came across from mid-1994 onwards attracted public support as well as opposition — even threats of violence. In 1998 she received the Reebok Human Rights Award for her reporting and activism on the issue. The international spotlight generated a national debate which, in turn, led to a citizens' movement aiming to not only raise local awareness about the horror of “honour crimes” but also demand changes in the law as well as tougher punishment for perpetrators.
Of the many interesting and inspiring aspects of the Jordanian struggle against “honour killings,” the one that impressed me most was the organisers' attempts to involve different sections of society, including the economically and educationally disadvantaged in both urban and rural areas, in the effort to eliminate such crimes.
According to Husseini, “We used every method we could think of to collect as many signatures as possible — the Internet, faxes, free and paid ads in newspapers, as well as TV and radio interviews. It was tremendously exciting; we carried the petitions with us wherever we went and whatever we did, and we always caused a stir… I frequently went with my friends…to restaurants where we approached diners…and many gladly signed as we chatted. Then we asked the waiters, waitresses, cooks, cleaners and managers. Outside one restaurant I bumped into a garbage collector who asked me what I was doing. Once I explained, he said, ‘Of course I will sign. This is against our religion'.” Husseini's mother, a librarian, asked everyone she came across wherever she went to sign the petition. In less than six months, the campaigners managed to collect 15,300 signatures from the general public (55 per cent male, 45 per cent female).
Of course, as she points out, the struggle against “honour killings” has to be home-grown because the nature and manifestation of the crime, the social, cultural, political and economic factors involved, and the legal context, are often distinct in the various places where it occurs, calling for different approaches in different societies. For example, in Jordan — and many other countries — “honour killings” are almost invariably crimes against women and girls. In India, although women are the primary targets, young men who ‘ dare' to transgress prescribed social boundaries are often not spared either.
Striking similarities
But there are similarities, too. According to Husseini, some influential and powerful people in Jordan, such as parliamentarians, judges, lawyers and policemen, believe that perpetrators of “honour killings” deserve leniency because everyone has the right to protect their family's honour. In India, Sushma (Tiwari) Nochil has had to seek a review of the Supreme Court's recent decision to commute to life imprisonment the death penalty awarded to her brother and his associates, who had murdered her husband and most members of his family. The judgment seemed to suggest that the patriarchal and casteist factors motivating the killers could be considered mitigating circumstances.
Likewise, if we have the Khap Mahapanchayat, they have the Islamic Action Front, the political arm of the Muslim Brotherhood in Jordan. If they have their conservative deputies, we have our regressive members of Parliament and, unfortunately, we both face “a great deal of apathy and laissez-faire from various parliamentarians.”
But here's an advantage they have that we don't. According to Husseini, several members of the Jordanian royal family signed the campaign petition; King Abdullah and Queen Raina have spoken out against so-called crimes of honour; Queen Noor has consistently fought to end violence against women in general and honour crimes in particular; the late King Hussein made a passionate plea in Parliament for an end to violence against women, besides pushing for changes in the laws offering leniency to perpetrators of honour killings; his brother, Prince Hassan, was one of the first royals to address the issue in the mid-1990s; two days after the legislative battle was lost in Parliament in 1999, Prince Ali (King Abdullah's brother) called for a public march to Parliament in protest against the deputies' decision to vote against the proposed amendments — and led it himself.
Monarchy may be passé in India but we have no dearth of modern-day royals in a number of fields such as politics, cinema, sports and business. Will they step up and speak out on an issue like murder in the name of honour?
Horrifying numbers
Honour killing is a somewhat misleading term for a ritualised form of murder precipitated by the aggressor's perceived loss of “honour.” The perpetrators are generally male and the victims most often female. Some sections of society consider such crimes understandable, if not justifiable.
There is no nationwide data on the prevalence of honour killing in India; the National Crime Records Bureau does not collect separate data on the crime since it is not yet separately classified under Indian law. However, according to the All India Democratic Women's Association (AIDWA) there were 103 cases of honour killings in Haryana alone within a period of four months in 2007. If that figure can be extrapolated to assume that the annual toll in the state is about 300, the total across the three states reporting the largest number of cases at the time (Haryana, Punjab and Uttar Pradesh) would be 900 per annum. If another 100-300 are added for the rest of the country, the figure for India would be about the same as estimates for Pakistan, which some researchers suggest has the highest per capita incidence of honour killings in the world.
Global phenomenon
This form of violence is a global phenomenon, prevalent in a number of countries. Ten years ago the United Nations Population Fund (UNFPA) estimated the annual world-wide number of “honour killing” victims at 5,000. But that is probably an underestimate since many cases go unreported, while many more are disguised as suicides, accidents and disappearances. Between 2000 and 2004 the UN General Assembly adopted three resolutions reflecting international commitment to working towards the elimination of crimes against women committed in the name of honour, with the third acknowledging that girls, too, are victims of such crimes.
Ancient claims
Gotra is a term applied to a clan, a group of families, or a lineage — exogamous and patrilineal — whose members trace their descent from a common male ancestor, usually a sage of ancient times. Believed to have begun to consolidate around 10-8 Century B.C., the present-day gotra classification is supposed to have been created from a core of eight rishis. Same-gotra marriages were declared legally valid by the Bombay High Court as far back as in 1945 in the Madhavrao vs. Raghavendrarao case involving a Deshastha Brahmin couple. Two reputed judges — Harilal Kania (who became the first Chief Justice of independent India) and P.B. Gajendragadkar (who went on to become the Chief Justice of India in the 1960s) — examined several court verdicts, consulted the writings of leading experts and quoted from Hindu scriptures in their ruling on whether a 'sagotra' (same-gotra) marriage was valid under Hindu law/custom. They concluded that it was.
This article was found at:
http://beta.thehindu.com/arts/magazine/article434987.ece
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TIME Magazine - May 25, 2010
Why Are Hindu Honor Killings Rising in India?
By Madhur Singh / New Delhi
For three weeks now, a morbid murder story has been playing out in the Indian media. Nirupama Pathak, 22, a New Delhi–based journalist, was allegedly murdered by her own mother. Her crime? She had wanted to marry a fellow journalist who belongs to a lower caste — and she was pregnant. On a trip home to make a final effort to convince her family, Nirupama texted her boyfriend that she was being held captive, locked up in a bathroom. On April 29, she was found dead. The family claimed Nirupama had killed herself, and lodged a case against her boyfriend for rape and abetting suicide. But when the postmortem results revealed Nirupama had been asphyxiated, the police arrested her mother, Sudha Pathak.
The case is now headed to court, which will disentangle the web of allegations and counterallegations. Meanwhile, it has thrust the issue of honor killings to the center of public debate. Though Western readers associate the term more with Taliban-ruled Afghanistan than with 21st century India, honor killings are shockingly frequent in villages in the northern and northwestern parts of the country, where those daring to cross the barriers of caste are made to pay with their lives. Mostly, these cases are confined to the inside pages of newspapers, but the Nirupama case — in urban, educated, middle-class India — has hit the front pages.
Activists say dozens of people, both women and men, are killed for "honor" every year, falling victim to the deeply entrenched caste system, which dictates an individual's social standing based on the caste they are born into. The majority of these killings take place in the agrarian states of Punjab, Haryana, Uttar Pradesh and Rajasthan, where land ownership and caste go hand in hand and an honor culture thrives by maintaining caste and gender hierarchies. "The upper castes fiercely guard their hold over land and power in the community," says Ranbir Singh, a Haryana-based sociologist currently a consultant with the Haryana Institute of Rural Development. "They are able to mobilize young, educated but unemployed, mostly unmarried men, who are all fired up to shore up their self-esteem."
Perceived caste transgressions are severely punished. In a recent case in a Haryana village, an 18-year-old Dalit girl and her father were allegedly burned alive by upper-caste Jat men following an argument over a dog. Women, since they have property rights, are a threat if not kept under a vicelike grip. It is no surprise that Haryana, one of India's wealthiest states with a largely farm-based economy, has the highest rate of selectively aborting female fetuses, a practice that has skewed the demographics so much that there are only 861 women for 1,000 men. Young men are forced to purchase brides from other states. The statistics on honor killings are also the worst there: groups called khaps run kangaroo courts that routinely issue fatwa-like orders for the execution of those who have offended caste boundaries.
The situation is aggravated by modernity, as more and more young people want to marry for love instead of family or caste considerations. Khaps violently oppose both marriages between upper-caste women and lower-caste men and those within sub-castes and villages deemed to share kinship ties. The khap itself, long a locus of power for the land-owning Jat community, is being rendered irrelevant by economic change, increasingly egalitarian democratic politics and population movement — hence, say observes, this brutal attempt to re-establish its prerogatives. "Due to their declining status, they are trying to assert their existence by taking the law in their own hands," explains Prem Chowdhry, senior academic fellow at the New Delhi–based Indian Council of Historical Research.
A month before Nirupama's death, a court in Haryana sentenced five people to death for killing a couple belonging to the same village and gotra, or caste-based clan (village elders had deemed them brother and sister). Manoj Banwala, 23, and Babli, 19, of Karoran village in Haryana, had married against the wishes of the bride's family on April 7, 2007. Urged on by the khap, the village had turned against Banwala's family, forcing the couple to flee to a nearby city, where they were killed two months later on order from the khap. A police investigation found that police assigned to protect the couple had actually passed on information to the assailants. When the court pronounced the punishment, the khaps launched protests and demanded that the government introduce changes in the Hindu marriage law to ban marriages within the same gotra.
Astonishingly, prominent politicians from both the ruling Congress party and the opposition have come out in support of the khaps' demand. With city and village elections due shortly, political parties see this as an easy ploy to lure votes, caste being a handy instrument of statecraft. Even as the Nirupama case was burning, the government announced that caste data would be collected as part of the census — the first time since 1931 — to get exact caste statistics, ostensibly to implement meaningful affirmative-action plans for underprivileged castes. But the move has many opponents, who believe it will only perpetuate a political culture that takes advantage of caste divisions. "It is the cynicism of politicians that they've made caste a tool for political mobilization," says New Delhi–based analyst Amulya Ganguli. "The khaps' growing clout and the killings of hapless couples show how dangerous this renewed emphasis can be."
This article was found at:
http://www.time.com/time/world/article/0,8599,1991195,00.html
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