Wednesday 12 September 2012

Draft Memorandum to Law Minister from National Women's Organisations


To,
Mr. Salman Khurshid
Hon’ble Minister of Law and Justice
Shastri Bhavan,
New Delhi                                                                                             

Subject: A law to address Crimes and Killing in the Name of Honour

Dear Mr. Khurshid,

We are writing this letter to express our disappointment at the reported winding up of the GOM which was setup to recommend laws on honour killing under the chairmanship of the then Finance Minister. We feel that this is particularly unfortunate as incidents of crimes and killings in the name of ‘honour’ seem to be increasing day by day. These crimes are prevalent in several parts of the country particularly in the northern and western states. Thus, there is an urgent need to enact a comprehensive law on killings and crimes in the name of honour. We feel that apart from a provision which addresses killing in the name of honour, the law should address the range of violent and abusive acts which are being initiated by the girls family  to stop her from exercising her right to choose her partner in marriage or have a relationship outside her caste or community or religion. In all these cases the girl, the boy and his family are targeted. As you know, these crimes are also committed through caste or Khap or community based panchayats who issue diktats or fatwas and act like kangaroo courts outside the judicial system. These panchayats and the girl’s family, either acting together or alone, harass and intimidate anyone who disobeys them by various acts like extraditing the couple or the boy’s family or anyone who supports them from the village; by declaring a couple brother and sister; by leveling illegal fines; by imposing social and/or economic boycott on the boy’s family and several other acts. There are no provisions in the penal code which deal with these acts.
We feel that it is essential therefore to define these acts of harassment which seek to prevent young people, particularly girls from exercising their fundamental right of choice and to punish the perpetrators of these acts. We also feel that if any member of a panchayat participates in taking these illegal decisions and in issuing illegal diktats he should be punished. In a killing or crime of this nature the onus of proof should be on the accused. We also feel that anyone publically supporting or glorifying these crimes should be punished. Apart from this we feel that the Collector or District Magistrate should have suo moto powers to issue prohibitory orders to stop any diktats from being issued. We further feel that a young couple should be able to declare their intention to marry to any government officer and not be acted against by the police on false charges of kidnapping etc. The comprehensive law should also hold the police accountable and provide for protective homes where the girl and the boy can take shelter to escape the wrath of her relatives or those conspiring with them. We are enclosing a draft prepared by AIDWA on this issue. This draft had also been given earlier to the previous Law minister Shri Veerappa Moily on 3.8.2010. 
We urge you to take this matter seriously and enact a comprehensive legislation as it involves the democratic and fundamental rights of millions of young people in our country. 


Thanking you,
Yours Sincerely,

Dr. T.N Seema               Ms. Jharna Das         Ms.Sudha Sundararaman    Ms Kirti Singh
(MP, Rajya Sabha)     (MP, Rajya Sabha)            (AIDWA)                            (AIDWA) 

 Ms.Annie Raja     Dr. Jyotsna Chatterjee           Dr Mohini Giri    Ms. Indrani Majumdar   
   ( NFIW )                      (JWP)                                  (GOS)                         (CWDS)             

Ms Sheela Kakde      Ms. Leila Passah       Ms.  Jagmati Sangwan    Ms. Vimal Thorat                 
 (AIWC)                          (YWCA)                        (AIDWA)                         (AIDMAM) 
        
Ms Azara Abidi               Ms. Anuradha Bose
  (MWF)                              (GOS)               

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