ANALYSING THE ADEQUACY OF THE INDIAN LEGAL FRAMEWORK ON HONOUR KILLINGS: A NEED FOR SPECIAL LEGISLATION

INDIAN JOURNAL OF LEGAL REVIEW

ANALYSING THE ADEQUACY OF THE INDIAN LEGAL FRAMEWORK ON HONOUR KILLINGS: A NEED FOR SPECIAL LEGISLATION

ANALYSING THE ADEQUACY OF THE INDIAN LEGAL FRAMEWORK ON HONOUR KILLINGS: A NEED FOR SPECIAL LEGISLATION

AUTHOR- R.DHIKSHITHADEEPA* & M.EZHILARASI**

* STUDENT AT VELS, SCHOOL OF LAW, VELS INSTITUTE OF TECHNOLOGY AND ADVANCED STUDIES (VISTAS), CHENNAI – 600117.

**ASSISTANT PROFESSOR (LAW), SCHOOL OF LAW, (VISTAS), CHENNAI – 600117.

BEST CITATION – R.DHIKSHITHADEEPA & M.EZHILARASI, ANALYSING THE ADEQUACY OF THE INDIAN LEGAL FRAMEWORK ON HONOUR KILLINGS: A NEED FOR SPECIAL LEGISLATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 90-97, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I611

ABSTRACT

Honour killings in India continue to challenge the foundational ideals of equality, dignity, and personal liberty that the Constitution of India enshrines. These acts of violence are typically directed at individuals who exercise independent choice in selecting a life partner—often in deliberate defiance of rigid caste hierarchies or entrenched community expectations. What makes these crimes especially alarming is their premeditated character: they are not isolated eruptions of passion but are instead nurtured by sustained social control and collective coercion. Although such acts fall squarely within existing criminal provisions—particularly those governing murder and conspiracy—the absence of a dedicated legal category for honour-based violence significantly weakens prevention and accountability. Judicial intervention, most notably in Shakti Vahini v Union of India, has attempted to bridge this gap by establishing protective safeguards and issuing preventive directions. Nevertheless, recurring incidents and inconsistent enforcement continue to raise serious doubts about the adequacy of the current framework. This article examines whether the existing legal architecture is sufficient to address honour-based violence or whether a dedicated statutory regime is required. It argues for a more responsive legal approach that accurately reflects the social realities underlying such crimes while reinforcing the protection of individual autonomy.

Keywords: Honour Killing, Constitutional Rights, Article 14, Article 19, Article 21, Personal Liberty, Caste System, Khap Panchayats, Judicial Activism, Preventive Law.