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2018 Supreme(SC) 258

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
Shakti Vahini – Appellant
Versus
Union of India – Respondent


Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  1. Honour crimes, including honour killings, are illegal and constitute serious violations of fundamental rights, particularly the right to personal liberty, dignity, and individual autonomy (!) (!) (!) .

  2. The right to choose one's life partner is a constitutional right protected under Articles 19 and 21 of the Constitution. Consent of family or community is not necessary once both individuals are adults and agree to marry (!) (!) (!) .

  3. Honour crimes are rooted in social and cultural notions of family or community honour, often leading to violence against those who exercise their personal choice. Such acts include murder, physical violence, and social ostracism, which are punishable under the law (!) (!) (!) .

  4. Extra-constitutional bodies like Khap Panchayats or similar assemblies have no legal authority to impose punishments or take law into their own hands. Their actions are illegal and cannot be justified under any social or cultural pretext (!) (!) .

  5. The State has a constitutional obligation to protect individual rights, including the right to marry freely, and must take proactive measures to prevent honour crimes. This includes identifying regions where such crimes are prevalent and deploying law enforcement accordingly (!) (!) .

  6. Preventive measures include issuing advisories, increasing police vigilance, and preventing unlawful assemblies or gatherings of groups like Khap Panchayats. Law enforcement agencies should record and act upon intelligence regarding such gatherings (!) (!) .

  7. Remedial measures involve lodging FIRs against those involved in honour crimes, providing security and safe houses for threatened couples, and ensuring prompt investigation and prosecution. Special cells and helplines should be established to assist victims and prevent violence (!) (!) (!) (!) .

  8. Punitive measures require disciplinary action against officials who fail to act or act negligently, as well as swift prosecution of offenders. Cases related to honour crimes should be tried expeditiously in designated courts to ensure swift justice (!) (!) (!) .

  9. The law prohibits any assembly or group, including Khap Panchayats, from taking law into their own hands, and such acts should be met with criminal proceedings and appropriate legal action (!) (!) .

  10. International conventions also recognize that culture, tradition, or honour cannot justify crimes like honour killings. Such justifications are unacceptable and should be legally condemned (!) (!) .

  11. The State and law enforcement agencies must work in coordination, sensitize communities, and promote awareness to eradicate honour crimes, respecting constitutional rights and individual liberties (!) (!) .

  12. The Court emphasizes the importance of protecting individual autonomy and liberty, especially the right of adults to marry freely, and condemns any social or community pressure that seeks to undermine these rights (!) (!) (!) .

  13. The document recommends the enactment of specific legislation to comprehensively address honour killings and related crimes, emphasizing the need for legal reforms aligned with constitutional principles (!) .

  14. Overall, the judgment underscores that honour crimes are a grave violation of human rights, and the State must take comprehensive, multi-faceted action—preventive, remedial, and punitive—to eliminate such social evils.


JUDGMENT

Dipak Misra, CJI.

Assertion of choice is an insegregable facet of liberty and dignity. That is why the French philosopher and thinker, Simone Weil, has said:-

“Liberty, taking the word in its concrete sense consists in the ability to choose.”

When the ability to choose is crushed in the name of class honour and the person’s physical frame is treated with absolute indignity, a chilling effect dominates over the brains and bones of the society at large. The question that poignantly emanates for consideration is whether the elders of the family or clan can ever be allowed to proclaim a verdict guided by some notion of passion and eliminate the life of the young who have exercised their choice to get married against the wishes of their elders or contrary to the customary practice of the clan. The answer has to be an emphatic “No”. It is because the sea of liberty and the ingrained sense of dignity do not countenance such treatment inasmuch as the pattern of behaviour is based on some extra-constitutional perception. Class honour, howsoever perceived, cannot smother the choice of an individual which he or she is entitled to enjoy under our compassionate Constitution. And this rig











































































































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