Faced with the plethora of cases of couples being killed by relatives for marrying within the same gotra (mythical patrilineal ancestor) or marrying out of their caste, the government is contemplating promulgating an ordinance to make changes in the Indian Penal Code (IPC).
The proposed ordinance is expected soon so that spate of recent cases could come under the ordinance.
A top government official said law minister M Veerappa Moily and home minister P Chidambaram have been working in tandem to strengthen Section 302 of the IPC, which deals with punishment for murder. Attorney general Goolam E Vahanvati has suggested a speedy amendment in the law.
In his opinion, Vahanvati has said bodies like khap (caste) panchayats can be brought under the ambit of the crime as they are accused in many instances of ordering killings in the name of protecting the “honour” of the community.
The law minister wants a new section in the IPC to define such crimes. The ordinance would also amend the Evidence Act to put the onus of proof on the accused. The Supreme Court had recommended amending the Evidence Act so that caste-provoked killings can be dealt with sternly. Among the suggested changes is holding caste panchayats guilty of any “honour” crime, and holding all members of such bodies as deemed guilty, whether or not they favoured the killing.
The new law would also cover torture, social boycott of the couple and discrimination. Such killings would be defined as “where men and women are killed by their kin or members of their caste for defying traditions”.
It would be a separate crime under the IPC and those found guilty could be punished with death or life imprisonment. An ordinance has to be approved by parliament within six months of its promulgation, or it lapses.
