Honor killing: Casteism has not ended even after 75 years of independence: Supreme Court
Highlight
- Casteism has not been eradicated even after 75 years of independence: SC
- SC says, according to Dr BR Ambedkar, inter-caste marriage is a way to get rid of casteism
- It is high time civil society reacts against heinous crimes committed in the name of caste: SC
The Supreme Court has observed that incidents of caste-motivated violence show that casteism has not been wiped out even after 75 years of independence and it is high time that civil society “strongly disapproves” of the horrific crimes committed in the name of caste. Respond with and respond. ,
The top court, which delivered its verdict on a batch of arguments in the 1991 Uttar Pradesh honor killing case in which three people, including a woman, were killed, said it had earlier asked the authorities to take stringent measures to stop the honor killings. Several instructions were issued for , Those instructions should be implemented without any further delay, it said.
A bench headed by Justice L Nageswara Rao also observed that the State has a definite role to play in protecting the witnesses, to begin with, the least vulnerable, to prevent the trial from becoming tainted and “a casualty of truth”. The cases involved those in power. They had political patronage and could use muscle power and money power.
It said the “radicalisation” perpetrated by caste-based practices, which is prevalent even today, impedes the Constitution’s objective of equality for all citizens.
“Two youths and a woman were physically assaulted and murdered for almost 12 hours on charges of violating caste social norms. These episodes of caste-motivated violence in the country demonstrate the fact that 75 years of age Casteism has not been wiped out even after independence,” the bench, also comprising Justices Sanjiv Khanna and BR Gavai, said.
The apex court, while upholding the Allahabad High Court’s judgment regarding the conviction of 23 accused in the case, acquitted three persons in view of the ambiguity in their identities. Referring to the aspect of protection of witnesses, the bench said that 12 prosecution witnesses in the case turned hostile.
“Even if the witnesses have turned hostile, their evidence may be accepted if they are natural and independent witnesses and have no reason to falsely implicate the accused,” it said.
The top court said the right to testify in courts in a free and fair manner without any coercion and intimidation is under “grave attack today”, and if one is unable to testify in courts due to threats or other coercion, it There is a clear violation of rights under Articles 19(1)(a) and 21 of the Constitution.
“The right to a life guaranteed to the people of this country also includes the right to live in a society that is free from guilt and fear, and the right of witnesses to testify in courts without fear or coercion.”
The bench said that one of the main reasons for the witnesses turning hostile is that they are not given proper protection by the state. This is a “harsh reality”, especially in cases where the accused are influential people and are tried for heinous crimes and they try to intimidate or intimidate witnesses, the bench said.
“This unfortunate situation persists for the reason that the State has not taken any protective measure to ensure the protection of these witnesses, commonly known as ‘witness protection’,” it said in an earlier judgment of the Supreme Court. Referring to.
The bench said that as the protector of its citizens, the State shall ensure that a witness can safely narrate the truth during the trial, without any fear of being haunted by those against whom he has made his case. Is.
It was noted that according to Dr BR Ambedkar, inter-caste marriage is a way to get rid of casteism to achieve equality.
“His vision of ensuring justice and equality for all sections of the society, especially the depressed classes, is well enshrined in the Preamble of the Constitution,” the bench said.
It said, “Though the numbers are small, honor killings have not stopped in this country and it is high time civil society reacts and reacts with strong disapproval about the horrific crimes committed in the name of caste.”
Referring to an earlier judgment of the apex court, the bench said that honor killings under the orders of khap panchayats have been strongly criticized by the apex court in its earlier judgment.
It recommended severe punishment to those “brutal and feudal minded persons” who commit atrocities in the name of castes, it said.
“The Law Commission of India in its 242nd Report has suggested a legal framework to prevent interference in the freedom of marital relations in the name of honor and tradition,” the bench said.
‘Panchayatdars’ or caste elders have no right to interfere in the life and liberty of young couples whose marriages are permitted by law. They cannot create a situation whereby such couples are kept in a hostile environment in the village or area concerned and exposed to security risks.
The bench said that in the interest of “freedom and dignity” of young men and women in choosing a life partner and in the interest of peace, tranquility and equality in the society, it is urgently necessary that the directions issued earlier by the apex court be followed. needed. by the States without any further delay.
It also referred to the Witness Protection Scheme, 2018, which was earlier approved by the apex court.
In November 2011, a trial court had convicted 35 accused in the 1991 Uttar Pradesh honor killing case. The High Court had acquitted two while the conviction of the remaining persons was upheld by the High Court. However, the High Court had commuted the death sentence awarded to the eight convicts to life imprisonment till the end of their natural life.
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