SHAKTI VAHINI versus UNION OF INDIA AND OTHERS

Citation: [2018] 3 S.C.R. 770 · Decided: 27-03-2018 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Disposed off

Cited by 7 judgment(s) · cites 11 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 3 S.C.R.
SHAKTI VAHINI
v.
  UNION OF INDIA AND OTHERS
 (Writ Petition (Civil) No. 231 of  2010)
MARCH 27, 2018
[DIPAK MISRA, CJI, A. M. KHANWILKAR AND
DR. D. Y. CHANDRACHUD, JJ.]
Honour Crimes:
Writ petition – Seeking directions to State Governments and
Central Government to take preventive steps to combat honour
crimes; to submit State and National Plan of Action to curb such
crimes; and seeking direction to the State Governments to constitute
special cells and to launch prosecution in such cases – Held: Any
kind of torture or torment or ill-treatment in the name of honour
that tantamounts to atrophy of choice of an individual relating to
love and marriage by any assembly, whatsoever nomenclature it
assumes, is illegal and cannot be allowed – Consent of the family
or the community or the clan is not necessary, once two adult
individuals agree to enter into a wedlock – It is manifestation of
their choice which is recognized u/Arts. 19 and 21 of the Constitution
– Such constitutional right cannot succumb to the conception of
class honour – Any infringement of such right is constitutional
violation – Khap Panchayat or such assembly should not take the
law into their hands and further cannot assume the character of
the law implementing agency – Law has to be allowed to sustain by
law enforcement agencies – Honour killings are condemned as a
serious human rights violation – Therefore, it is recommended to
the legislature to bring law appositely covering the field of honour
killing – To meet the challenges of agonising affect of honour crime,
there has to be preventive, remedial and punitive measures and hence
the executive and administration of the States to add further measures
to evolve a robust mechanism to the stated purpose – Constitution
of India – Arts 19 and 21.
Words and Phrases:
‘Khap panchayat’ – Meaning of.
[2018] 3 S.C.R. 770
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Disposing of the Writ Petition, the Court
HELD: 1. Class honour, howsoever perceived, cannot
smother the choice of an individual which he or she is entitled to
enjoy under compassionate Constitution of India.  And this right
of enjoyment of liberty deserves to be continually and zealously
guarded so that it can thrive with strength and flourish with
resplendence.  The old order has to give way to the new.  Feudal
perception has to melt into oblivion paving the smooth path for
liberty. [Para 1]  [777-H; 778-A-B]
2. The 242nd Report of Law Commission of India shows the
devastating effect of the crime and the destructive impact on the
right of choice of an individual and the control of the collective
over the said freedom.  The Commission has emphasized on the
intense pressure of the powerful community and how they punish
the “sinning couples” according to their socio-cultural perception
and community honour and the action taken by them that results
in extinction of the rights of individuals which are guaranteed
under the Constitution.  It has eloquently canvassed about the
autonomy of every person in matters concerning oneself and the
expression of the right which is integral to the said individual.
[Para 27] [790-F-G]
3. The draft Bill namely “the Prohibition of Interference
with the Freedom of Matrimonial Alliance Bill” as recommended
by the Law Commission’s 242nd Report, refers to “Khap
Panchayat” to mean any person or group of persons who have
gathered, assembled or congregated at any time with the view or
intention of condemning any marriage, including a proposed
marriage, not prohibited by law, on the basis that such marriage
has dishonoured the caste or community tradition or brought
disrepute to all or any of the persons forming part of the assembly
or the family or the people of the locality concerned. [Para 28]
[790-H; 791-A]
4. The protection of rights is pivotal. Though there has
been constant social advancement, yet the problem of honour
killing persists in the same way as history had seen in 1750 BC
under the Code of Hammurabi.  The people involved in such
crimes become totally oblivious of the fact that they cannot tread
an illegal path, break the law and offer justification with some
SHAKTI VAHINI v. UNION OF INDIA AND OTHERS
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kind of moral philosophy of their own.  They forget that the law of
the land requires that the same should be shown implicit
obedience and profound obeisance.  The human rights of a
daughter, brother, sister or son are not

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