Prevention Of Honor-Killings Via The Special Marriage Act

Abstract

Honor killing is a cultural phenomenon which attempts to control young individuals by using the aspect of reputation to ensure that they do not rebel or go against established norms. While India may be a democracy where certain rights and freedoms are guaranteed, there still exist certain communities where an individual act of marrying for love is considered as an affront to the family and the community and the family must be avenged.

This paper aims to explore the role and functionality of the existing legislation to address the problem of honor killing, instead of exploring the idea of a separate legislation. The author first explains the idea of honor killing and the way it takes place, along with the various aspects of sexism related to it and the latest statistics at the national level. The author then moves on to the existing legislations and the loopholes in them. The author then goes into the history of the Special Marriage Act and various controversies and debates which surrounded it while analyzing the current provisions. A comparative study is then made with Turkey and Canada as to how their legal systems have dealt with this phenomenon and the paper then ends with suggestions to amend the existing laws, citing an interview and primary research carried out by the author.