Honour Killing is the latest to join the bandwagon of hundred other crimes against women. Not that the act was non existent in the country. It was there but sporadic and under covers. But the last few months have revealed a spate in honour killings with relatives boldly cherishing their acts to maintian the community/caste or class honour. Young couples are being mercilessly butchered and several states are reeling under the problem causing a concern for law makers. While one section of the Government feels that an amendment in the existing Section on Murder in the Indian Penal Code will address the problem, the other section feels a new law is the answer. While this debate continues, many more such deaths continue to take place and the investigation and justice machinery is caught in the problem of bringing the specific offence within the contours of the age old provision of murder.
Do we really need a new law?
new laws are not answers to rising problems. For almost 150 years our wise men of the judiciary have learnt to interpret and analyse the law (IPC in particular) in the best possible manner so as to give justice. The intention/knowledge and other key elements of crime, as figures in the Penal code, have gone through rigorous grinding and thus, a new clause in the Penal Code may be best suitable in the circumstances.
Nevertheless, it is writ with some danger- the judge may try to read the inserted clause with the same specs of doubt and caution as they do for the prevailing sections and frustrate the entire purpose and object of the amendment.
But nevertheless, India must act and act fast to arrest the problem at the earliest.
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