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NATIONAL NETWORK OF LAWYERS FOR RIGHTS AND JUSTICE (NNLRJ) is a law initiative of Shakti Vahini

Couple who went against kin to marry found hanging from tree

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Couple who went against kin to marry found hanging from tree

INDIAN EXPRESS

The bodies of a young couple, who got married against the wishes of their parents four months ago, were found hanging from a tree on Monday at Ahmedwas Khera village in Bhiwani district’s Loharu. Though the police are considering it to be a case of suicide, it is yet to rule out the possibility of foul play.

Residents of the same village, while Tejpal (24) belonged to the Swarn Samaj, his wife Sushila (20) was a Dalit. The duo went missing on August 10 after their parents objected to their marriage. They got married at an Arya Samaj temple at Ghaziabad in Uttar Pradesh and got their marriage registered on August 14. Following this, they started living at Pilani in Rajasthan.

According to the police, Tejpal and Sushila had come to Ahmedwas on Sunday. Sushila’s parents informed the police and raised apprehension about a clash between them and Tejpal’s family. Following this, the police provided protection to the couple and brought them to the police station. However, the couple gave in writing that they did not want police protection and were returning to Pilani. The couple left the police station on Sunday evening.

On Monday morning, the police came to know that the couple was found hanging from a tree near the cremation ground in Ahmedwas. “So far, it does not appear as a case of murder but the possibility cannot be ruled out. Prima facie it appears to be a case of suicide and since the boy’s family had not raised any suspicion so far, we are not considering it to be murder or honour killing,” DSP Suresh Kumar said.

The police said that Sushila had completed her higher secondary education and wanted to join the Haryana Police, for which she was taking coaching classes in Rajasthan. For the last few days, Tejpal and Sushila were visiting her school in Loharu for getting her 10+2 certificate. As the girl’s family had confiscated her educational certificates, Tejpal and Sushila had even moved an application before the Bhiwani sub-divisional magistrate for duplicate copies. The fate of their application is pending, said police.

“It appears to be a the case of suicide, but we are investigating the matter. I have spoken with both the families and it does not look like a case of honour killing. We are working on various theories,” said Bhiwani SP Simardeep Singh.

When contacted, Tejpal’s uncle Ravinder claimed there was no foul play involved in the case. “Tejpal and Sushila got married against the wishes of their families. We had not harmed them ever. We do not suspect any foul play. Since, they did not have any support from their parents and had no adequate means of earning, they may have committed suicide,” he said.

INDIAN EXPRESS

Put prohibitory orders in place against Khap panchayats: SC

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THE PIONEER

The Supreme Court on Monday suggested its amicus curiae to devise a strict legal regime to contain honour killings, wherein the focus should be on enforcing prohibitory orders against khap panchayats rather than on securing the arrest of its members that often leads to law and order problems.

The SC spoke of its mind following the report by amicus curiae senior advocate Raju Ramachandran and advocate Gaurav Agarwal. In their report, they urged the apex court to adopt harsh action including arrest of khap members in north India who, of late, conducted themselves as “Taliban-like” groups passing and executing judgment against innocent youths indulging in same gotra/caste marriages.

The bench of Justices Aftab Alam and Ranjana Desai, however, felt the amicus curiae’s suggestion may be “impractical” considering the huge influence wielded by khaps in certain pockets of north India. “We are wondering how the order requiring arrest is to be implemented. At some areas it may cause law and order problems,” the bench observed and suggested to consider the Law Commission report recommending prohibitory orders.

The amicus report called for a set of preventive measures to be adopted by the state machinery and district police to ensure such khap meetings do not take place in the first place. Despite warning from the police “if the members of khap panchayat still plan to hold a gathering, which may cause reasonable apprehension of harm to the couple, the SP of the district would be duty bound to cause arrest of the members of the khap panchayat.”

At present, khap members could easily get away despite instigating deaths of young boys and girls who marry out of their own wish due to the vacuum existing in law. A PIL filed by NGO Shakti Vahini pointed out that killings of this nature are extra-judicial and khaps should be accountable for ordering such deaths not just in Haryana but in UP and Rajasthan as well.

The Law Commission in August 2012 came up with a report on the subject framing a draft law on Prohibition of Unlawful Assembly Bill which provided for prohibitory orders, violation of which would entail action under the Indian Penal Code. The bench adopted a middle path asking the amicus to consider this suggestion while posting the matter for hearing next on November 22.

Five condemned to death for India ‘honour’ killing

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AFP NEWS

NEW DELHI — Five members of a family in India were sentenced to death on Friday for the torture and “brutal” murder of a young couple from Delhi in a so-called “honour killing” two years ago. The parents, uncle, aunt and brother of Asha, a 19-year-old woman killed along with her boyfriend Yogesh in 2010, were all condemned to hang by additional sessions court judge Ramesh Kumar.

Yogesh, a taxi driver, wanted to marry Asha, the daughter of a vegetable vendor, but the girl’s family was against the alliance because the boy belonged to a lower caste. India has seen an upsurge in such killings, which mainly involve young couples who marry outside their caste or against their relatives’ wishes and are murdered to protect what is seen as the family’s reputation and pride.

Autopsy reports revealed that the young couple had been tied with ropes, beaten with metal pipes and electrocuted, local media reports said. “Medical examination had revealed that the two had died due to the thermoelectric shock from repeated electrocution,” said the Indian Express newspaper.

Public prosecutor P.K. Verma told AFP: “All the five persons were handed the death penalty because it was proved beyond doubt that they tortured and killed the young boy and girl just because they were in love and wanted to marry.

“The murders were brutal and deliberate,” Verma added.

The convicted family can appeal against the decision in a higher court.

Last year, India’s Supreme Court said the death penalty should be given to those found guilty of “honour” killings, calling the crime a barbaric “slur” on the nation. It only allows the death penalty in what it calls the “rarest of rare” category.

Ravi Kant, a New Delhi lawyer who has been fighting to bring in a law which will provide specific, severe penalties to curb such killings, welcomed the punishment handed out Friday by the city court. “Such a punishment will certainly have a huge impact on the society. It will serve as a strong deterrent to one and all. The sentencing is also in line with the Supreme Court directive and it must be lauded,” Kant told AFP.

There are no official figures on honour killings, though an independent study in 2010 suggested that as many as 900 were being committed every year in the northern states of Haryana, Punjab and Uttar Pradesh.

Many cases go unreported, with police and local politicians turning a blind eye to what some see as an acceptable form of traditional justice by families seeking to protect what they see as their honour. Prisoners can often languish for years on death row in India, with only one execution having taken place in the last 15 years — that of a former security guard hanged in 2004 for the rape and murder of a 14-year-old girl.

NO LAW IN PLACE TO REIN IN KHAPS – SC TOLD

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NO LAW IN PLACE TO REIN IN KHAPS - SC TOLD

DHANANJAY MAHAPATRA IN THE TIMES OF INDIA

NEW DELHI: Despite hundreds of couples marrying against social barriers being hounded out or killed at the behest of Khap Panchayats in northern India, Uttar Pradesh, Rajasthan and Haryana have prepared no legal framework to counter the menace; the Supreme Court was informed on Monday. UP government in its affidavit admitted that “There was no specific legal framework to address the problem of honour killings but the Director General of Police and additional DGP have issued directions to ensure compliance with the provisions of Protection of Women from Domestic Violence Act, 2005.”

Rajasthan was relying on two circulars – one issued in 2001 and another in 2006 – to check activities of caste panchayats. Haryana, on the other hand, said it had put in place an action plan to combat honour killings. This information was collated by amicus curiae Raju Ramachandran from the affidavits filed by the states in response to a PIL by NGO “Shakti Vahini” seeking the apex court’s intervention to protect couples, who were forced to annul their inter-caste marriages or killed for defiance. The Centre said it was actively planning to amend the Indian Penal Code (IPC) to make honour killing a specific offence.

Ramachandran’s report said there was a legislative vacuum in countering Khap Panchayats and honour killings dictated by them. “Therefore, it would be appropriate for the Supreme Court to give appropriate directions to prevent atrocities in the name of honour and tradition,” he said.

He suggested that the states must be directed to immediately identify areas, where Khaps are active and the police officers in charge of these areas must take every step possible to protect any inter-caste marriages, including protection to the threatened couple. The amicus said the police must act in advance and prevent Khap Panchayat meetings aimed at taking decisions against couples in the name of honour and if required arrest key members to foil the gatherings.

Haryana, which has seen several honour killings in the past, said its action plan mandated the police not to take action for alleged kidnapping of girl by a boy till the girl’s statement was recorded by a Magistrate. The action plan directs police to provide adequate security to couples and take strict action against those who harass, intimidate or harm couples in the name of honour, it said.

The Law Commission has already circulated a proposed legislation – Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliance) Bill, 2011 – and sought public response. It proposes upto one-year imprisonment and Rs 10,000 fine for those who participate in Khap meetings convened to condemn any inter-caste marriage.

The Bill also proposed punishment of upto two years of imprisonment and Rs 20,000 fine if one was found taking steps to prevent such marriages; a three-year jail term and Rs 30,000 penalty for anyone resorting to criminal intimidation of such couples.

dhananjay.mahapatra@timesgroup.com

Cops Must Curb Honour Killings: Advocates to SC

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OUTLOOK

Two noted advocates, appointed by the Supreme Court to assist it in tackling the malady of “honour killings” of young couples by ‘khap’ panchayats, has recommended a proactive role for the police and district magistrates to curb it. The key recommendation forms part of the guidelines, formulated by senior counsel Raju Ramachandran and counsel Gaurav Agrawal, apopointed by the apex court as amicus curiae to help it, to tackle the recurring social evil, often rearing its ugly head in the northern states. The two counsel has urged a bench of justices Aftab Alam and Ranjana Prakash Desai to convert the guidelines into its directions to all states and Union territories until Parliament enacts a law on the issue. According to the guidelines, the police should play proactive role to thwart the khap (community) panchayat’s illegal diktat by providing timely help to the potential victims.

“Section 149 to 151 of the CrPC lay down the duties and powers of the police to prevent the commission of cognisable offences. The police has been empowered to arrest a person, even without a warrant, if the police officer knows of a design to commit any cognisable offence.

“In cases of Khap Panchayat, it is very necessary for the police to take timely steps so as to prevent any physical harm to the couple. Any gathering, which instigates commission of an illegal act, is an illegal gathering. It amounts to instigation to commit a crime, which may result in death of an individual.

“The State / police officials have to take preventive action / remedial action to ensure that the Fundamental Rights are protected, for which adequate powers are available in CrPC. The need is to effectively exercise those powers by the state officials,” it said.

The apex court had earlier appointed the amicus curiae while adjudicating a petition filed by NGO Shakti Vahini, which highlighted the growing phenomenon of “honour killings” and other human rights violations by extra-constitutional bodies like as khap panchayats. The report by advocates said the state governments should be directed to immediately identify districts, sub-divisions and villages which have had instances of honour killing and/ or assembly of khap panchayat in the past one year.

“The officer-in-charge of the police stations of the areas so identified should be issued directions by the district’s superintendent of police (SP) to immediately report to him if there is any instance of inter-caste marriage which comes to the notice of the local police and / or if there is any attempt by the villagers/ community to hold a khap panchayat.

“It would be the duty of the SP, as also of the district magistrate, to ensure the safety of the couple by taking such steps as may be required including, but not limited to, providing a safe house, police protection etc.

“It would be open to the SP/DM to take help of non-governmental organisations as notified by the state government,” the report said.

It said the officer in-charge/ SP may be advised to meet the self-styled decision makers of khap panchayat and reason with them that such a meeting/gathering should not be held as it is an illegal gathering and that if any decision is proposed to be taken then the police would be bound to arrest the members of khap panchayat.

“If the members of khap panchayat still plan to hold a gathering, which may cause reasonable apprehension of harm to the couple, the SP would be duty-bound to cause arrest of the members of the khap panchayat. “The Central government and the state governments as well as the National Legal Services Authority may be directed to conduct awareness programmes about the legal rights of individuals with regard to matrimonial choices,” the report added.

Suspected honor killing in Bhiwani

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TIMES OF INDIA

BHIWANI: In a suspected case of honour killing, a man reportedly shot dead his minor daughter in Rewari Khera village of Bhiwani district on Sunday night and cremated her body secretly. Police have registered a case of murder against him and started investigations. Accused Ratan Pal reportedly shot dead his 15-year-old daughter, Nisha, a student of class X, on Sunday night in their house. The family however said it was an accidental death as the girl pressed the trigger while holding it. The body was cremated hurriedly without informing police.

Sources said that a villager informed police about the incident after which Bhiwani SP B Satheesh Balan, along with forensic experts, visited the cremation ground and collected samples for investigation.The SP told TOI that a case under section 302 has been registered against the father, who is absconding. “We have started investigations into the incident. The motive behind the murder is unclear so far”, he said. Police sources however disclosed that the accused, who is an ex-serviceman and now employed with a foreign embassy in Delhi, had returned home on Sunday. “Some arguments seemed to have taken place between the girl and father after which the accused fired at her”, they added.Meanwhile, the SP has placed the incharge of Gurgani police post under suspension on charges of negligence in duty as he failed to act swiftly after the matter was reported to police by an anonymous caller.

http://timesofindia.indiatimes.com/city/chandigarh/Suspected-honor-killing-in-Bhiwani/articleshow/12078713.cms

Lover’s elope, panchayat gives tit for tat order

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Lover’s elope, panchayat gives tit for tat order

Lover’s elope, panchayat gives tit for tat order

DECCAN HERALD
Sanjay Pandey, Lucknow, February 11 2012, DHNS
Barely a couple of days before Valentine’s Day, a caste panchayat has pronounced an order that has made life difficult for the family of a youth, who eloped with his lover, in Uttar Pradesh’s Jyotiba Phule Nagar district. The girl’s family had refused to marry their daughter to him.

According to reports the youth and the girl, belonged to different castes and were having an affair for sometime, but their relationship was not approved by their families. Sources claim they had a secret marriage in court as well. On Wednesday last, the youth had approached the police with an application saying the girl’s family had held her ‘hostage’.The police, after taking statement of the girl, asked her family members to release her and allow her to live with her husband. The couple, however, eloped on Thursday triggering tension in the village and prompting the elders to convene a panchayat.  The panchayat, deliberated on the matter on Friday at Kaserwa village in the district, and allowed a day for the family of the youth to produce the girl. If they failed to do so the sister of the youth would be married off to a boy from the girl’s family. At the panchayat, the youth’s father was asked to produce the girl immediately but he expressed his helplessness and said he had no idea where they were. The panchayat dispersed after giving him one day to comply with the directive. The pradhan (village chief) Tahir Ali said the girl’s family must have helped them elope to create pressure on the youth’s parents. Police officials said they were investigating the matter and take stern action if the report was found to be true.

http://www.deccanherald.com/content/226520/lovers-elope-panchayat-gives-tit.html

Panchayat orders gouging lovers’ eyes

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Panchayat orders gouging lovers’ eyes

Panchayat orders gouging lovers’ eyes

DECCAN HERALD

Going a step further, the panchayat of Thakur-dominated Ghori Bachera village, not far from the national capital, has also formed a team to execute its orders. The couple, Javed and Shaista, have gone into hiding fearing for their lives. The panchayat has asked the maternal uncle of the girl Mehendi Hasan to produce the lovers before it. “The panchayat has been putting pressure on  me to bring the couple to the village and has asked me not to return until I implement their orders,” Hasan said.

Javed said the panchayat was angry over their marriage as it felt that it had brought a bad name for the entire village. “I have come to know that the panchayat has ordered that our eyes be gouged and we be shot dead,” a terrified Javed said.

Javed and Shaista were neighbours in Ghori Bachera village. They fell in love and eloped from their homes and got married in the court a few days ago. Surprisingly, members of the couple’s families, according to Javed, were not part of the panchayat’s decision. “They (families of the boy and girl) are neither in favour of the marriage nor against it,” he said. “We are scared and need security,” Shaista said. There is no reason for the panchayat, whose members do not belong to their community, to interfere in the matter.

Meanwhile, the police said they are looking for the couple and will  provide them with security. A case has also been registered against some of the members of the panchayat, they added. Recently, in the Jat-dominated western Uttar Pradesh, where honour killings for marrying against the wishes of the family are quite common, the all powerful “khaps” (caste panchayats) had announced that they will not allow love marriages nor a marriage within the same clan.

http://www.deccanherald.com/content/59009/panchayat-orders-gouging-lovers-eyes.html

Honour killing: Ludhiana man kills sister, her lover

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Honour killing: Ludhiana man kills sister, her lover

Honour killing: Ludhiana man kills sister, her lover

Honour killing: Ludhiana man kills sister, her lover

Honour killing: Ludhiana man kills sister, her lover

THE TRIBUNE

Ludhiana, February 1

In an apparent case of honour killing, a son of a Congress worker allegedly killed his 25-year-old sister and her ‘lover’ by shooting them from a point blank range. The incident took place at Hambran village, around 20 km from Ludhiana, early in the morning today when the accused, identified as Barjinder Singh, allegedly sprayed bullets on the ‘couple’ after “spotting them in a compromising position in his house.”

The victims have been identified as Navdeep Kaur, daughter of Teja Singh Gill, adviser in the District Congress Committee, and Harpreet Singh Johal, alias Happy (25), from Thrike village. The police said Teja Singh, his wife Shinder Kaur and younger son Harjinder Singh (18) had gone to visit a relative in Kishanpura village near Moga. Navdeep and her brother Barjinder were alone in the house.

Navdeep and Happy reportedly planned to meet. Happy entered the house at midnight by scaling the boundary wall. At around 4:30 am, Barjinder woke up after his two pet dogs were barking continuously. He was surprised to see them caged. Barjinder told the police that he suspected some thieves might have trespassed into the house. He immediately pulled out a .32 revolver, which is in his father’s name, and started inspecting the house. It was then he spotted the couple in a compromising position in the drawing room. “In a fit of rage, he pumped four bullets into Happy’s body and then shot Navdeep in her temple,” said investigating officer Swarn Singh. A close aide of Teja Singh, who was sleeping in the office located outside the house, rushed to the crime site after hearing gunshots.

According to Hambran Chowki in charge Sarabjit Singh, after killing the duo, Barjinder reportedly informed his father and mother about the incident. Later, he surrendered before the police and confessed to the killings. Teja Singh and other members of the family feigned ignorance and claimed that they had no clue about the “affair” going on between the boy and the girl. “We were planning to marry off out daughter in Canada and had even zeroed down on two, three suitable boys for her,” claimed Teja.

However, the boy’s family had a different tale to tell. Happy’s father Bhupinder Singh Johal and his brother Maninder Singh told the police that the girl and the boy were in a relationship. Navdeep’s family was aware of it, claimed the duo. “What was the need of killing my son. The family could have at least informed me. My son was well educated. He had done BCA, PGDCA and was about to leave for Canada. I had told the girl’s family to wait for a year for marriage. The girl’s family was against the marriage, as they are rich,” rued Bhupinder Singh.

http://www.tribuneindia.com/2012/20120202/main2.htm