Law panel for making honour killings non-bailable offence/‘Honour killing does not warrant sure death’; ‘The Human Rescue Team’ support and objections on the issue

———- Forwarded message ———-
From: ashu kumar <aiims.ashu@gmail.com>
Date: Mon, Oct 1, 2012 at 9:58 AM
Subject: Law panel for making honour killings non-bailable offence/‘Honour killing does not warrant sure death’; ‘The Human Rescue Team’ support and objections on the issue
To: supremecourt <supremecourt@nic.in>, cpio-la@nic.in, “goi dr manmohan singh, Prime Minister of India” <manmohan@sansad.nic.in>, goi cji sc of India <supremecourt@hub.nic.in>, ncw@nic.in, dg-nhrc <dg-nhrc@nic.in>
Cc: tipu_in@yahoo.com

‘The Human Rescue Team’ is asking for a check on reported ”Law panel’s suggestion that only a seven-year maximum jail term should be for caste panchayat members found guilty of persecuting legally married couples in the name of honour. “We advocate; the punishment should be the maximum other than “Death punishment” although it should be differentiated according to the participation & culpability of the accused in the crime”(‘The Human Rescue Team’ has been a leading organization in the country fighting ‘honor killings’)

Law panel for making honour killings non-bailable offence

Press Trust of India / New Delhi September 30, 2012 21:15 IST
The Law Commission has recommended that honour killings be made a non-bailable offence and advocated a seven-year jail term for caste panchayat members found guilty of persecuting legally married couples in the name of honour.In its latest report, the Commission headed by Justice P V Reddi also asked the government to explore the possibility of a new law to prohibit unlawful caste assemblies which take decisions to condemn marriages not prohibited by law.”No person or any group shall assemble to condemn any marriage not prohibited by law, on the basis that it dishonoured the caste or community,” the report stated.

“These offending acts imperilling the liberty of young persons marrying or intending to marry according to their wishes are being perpetrated in certain parts of the country and need to be effectively checked,” Justice Reddi wrote to Law Minister Salman Khurshid in the report before he demitted office recently.

The Commission, however, has rejected the government’s suggestion of defining honour killing as a specific offence in the Indian Penal Code (Section 300), stating that the existing provisions were sufficient.

It has also turned down the government’s view that onus of proving innocence in honour killings cases must be shifted on the accused.

Justifying the need for a separate law to deal with unlawful assemblies which lead to honour killings, the panel has pointed out that the existing criminal law lacks direct application to illegal acts of such assemblies.

“The caste councils or panchayats popularly called ‘khaps’ try to adopt the chosen course of moral vigilantism and this needs to be immediately checked,” the Commission stated.

The new law proposed by the Commission has defined three separate offences, with a maximum jail term of seven years for those found guilty of criminally intimidating married couples.

It has disagreed with the Supreme Court’s suggestion that death sentence be applied to all honour killing cases.

http://www.business-standard.com/generalnews/news/law-panel-for-making-honour-killings-non-bailable-offence/62814/

‘Honour killing does not warrant sure death’
Nagendar Sharma, Hindustan Times
New Delhi, October 01, 2012

A top government panel has objected to a Supreme Court directive to all high courts and district courts, asking them to send those found guilty of having planned and committed honour killings to the gallows.

The Law Commission of India, which advises the government on

complex legal issues, in its latest report on ‘Prevention of Interference with the Freedom of Matrimonial Alliances (in the name of honour and tradition)’, has termed the top court’s “blanket direction” contrary to criminal law.

It has recommended a maximum jail term of seven years for members of caste panchayats who object to legally valid marriages in the name of “honour”. The commission, however, has rejected the law ministry’s suggestion of defining honour killing as a specific offence in criminal law, stating that the existing definition of murder need not be tampered with.

“With great respect, we are constrained to say that a blanket direction by the Supreme Court, making death sentence a rule in cases of honour killings, is a departure from the principles firmly entrenched in our criminal jurisprudence,” the report stated. Stating that death sentence can only be imposed in the rarest of rare cases, the commission has pointed out that in honour killings, a number of accused may be involved and the “degree of participation and culpability may vary”.

The commission stated that the top court’s directive “is bound to create uncertainty”, and advocated a review of the issue by a larger Supreme Court bench to dispel any confusion.

To remove fear from the minds of young couples who face persecution in the name of honour of tradition after getting married legally, the commission has recommended that caste panchayats  be declared unlawful.

The new proposed law on such unlawful assemblies has defined three separate offences, with a maximum jail term of seven years.

http://www.hindustantimes.com/India-news/NewDelhi/Honour-killing-does-not-warrant-sure-death/Article1-938102.aspx




Add –The Code Blue”  Sequence of Triaging: The Art to Rescue  in REAL TIME
 

 
The Human Rescue Team
A Self Styled Laboratory of Neuroinformatics- Interlecting in  Nano Age World
http://thehumanrescueteamaiimsjnutiss.blogspot.com/
Advertisements

We honored your feedback!

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: