CONSTITUTIONAL GUARANTEES vs. CULTURAL PRACTICES: ADDRESSING HONOR KILLING

Abstract

Honor killing represents a serious conflict between constitutional guarantees and entrenched sociocultural practices in India. Despite constitutional protections of equality, dignity, liberty, and freedom of choice, individuals, particularly women, continue to face violence from family or community members for actions such as inter-caste or self-choice marriages that are perceived to bring dishonour to the family. This paper examines the meaning, causes, and socio-cultural motivations behind honor killings, including patriarchal norms, caste-based prejudices, and community pressure. It analyses the constitutional safeguards under Articles 14, 15, 19, and 21 of the Constitution of India and reviews the existing legal framework, where honor killings are prosecuted under the Bharatiya Nyaya Sanhita, 2023, in the absence of a specific national law. Through the study of landmark Supreme Court judgments and recent case studies, the paper highlights the role of the judiciary in protecting individual autonomy and condemning honor-based violence. It further emphasises the urgent need for specific legislation and broader social reform to ensure that constitutional morality prevails over regressive cultural practices.