Created 21 Jan 2012
The Law Commission of India on Thursday termed the practice of so called “honour killings” as “flagrant violation” of law and sought to make such acts non-bailable offences. The commission has come down heavily on khap panchayat diktats against couples who go for “sagotra” or inter-caste marriage.
Seeking public opinion on khap panchayats and honour killings, a consultation paper was also issued by the commission. The draft Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011 stated that offences under the Act will be cognisable, non-bailable and non-compoundable.
The draft bill proposes that offences under the Act be tried by special courts to be headed by a sessions judge or an additional session judge. The special courts, to be set up by states in consultation with the high courts, will have the power of a sessions court.
“The commission is prima facie of the view that there is no need for introducing a provision in Section 300 IPC in order to bring the so-called ‘honour killings’ within the ambit of this provision. The existing provisions in IPC are adequate,” the commission said. The step comes nearly two years after the government had proposed to make honour killing a separate crime after repeated cases of honour killings were reported from various states. Sources stated that a Group of Ministers under finance minister Pranab Mukherjee is also looking into the issue.
The commission also made it clear that “sagotra” marriages are not prohibited by law, “whatever may be the view in olden times.” “The Hindu Marriage Act does not prohibit sagotra or inter-caste marriages,” it said.
Under the draft bill, no person or a group shall gather, assemble or congregate with the intention to deliberate on, or condemn any marriage, not prohibited by law. It explains that “marriage” also includes a proposed or intended marriage.
It proposes that such gatherings will be treated as unlawful and attract a punishment of not less than six months in jail and a fine of `10,000. People indulging in criminal intimidation of the couple, their relatives or supporters will face punishment with a jail term of not less than one year.
Seeking public opinion on khap panchayats and honour killings, a consultation paper was also issued by the commission. The draft Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011 stated that offences under the Act will be cognisable, non-bailable and non-compoundable.
The draft bill proposes that offences under the Act be tried by special courts to be headed by a sessions judge or an additional session judge. The special courts, to be set up by states in consultation with the high courts, will have the power of a sessions court.
“The commission is prima facie of the view that there is no need for introducing a provision in Section 300 IPC in order to bring the so-called ‘honour killings’ within the ambit of this provision. The existing provisions in IPC are adequate,” the commission said. The step comes nearly two years after the government had proposed to make honour killing a separate crime after repeated cases of honour killings were reported from various states. Sources stated that a Group of Ministers under finance minister Pranab Mukherjee is also looking into the issue.
The commission also made it clear that “sagotra” marriages are not prohibited by law, “whatever may be the view in olden times.” “The Hindu Marriage Act does not prohibit sagotra or inter-caste marriages,” it said.
Under the draft bill, no person or a group shall gather, assemble or congregate with the intention to deliberate on, or condemn any marriage, not prohibited by law. It explains that “marriage” also includes a proposed or intended marriage.
It proposes that such gatherings will be treated as unlawful and attract a punishment of not less than six months in jail and a fine of `10,000. People indulging in criminal intimidation of the couple, their relatives or supporters will face punishment with a jail term of not less than one year.
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