People Of India Are Still Victims Of Social Evils Like Casteism: Telangana High Court Denies Bail To Accused In An Honour Killing Case

While dismissing the bail plea filed by some accused in an honour killing case, the Telangana High Court observed that the people of India are victims of social evils, like casteism and honour killings.

"It is trite to note that the caste system, illiteracy and poverty etc. including 'honour killing' are social evils which India is facing even after 73 years of Independence. On one hand, there is unimaginable development in the field of Science and Technology. People are planning to stay in other Planets, like Moon etc. They are using technology in all fields. On the other hand, the very same people of India are victims of social evils, like casteism and honour killings.", remarked Justice K. Lakshman in an order passed on Wednesday (2 December 2020).

Gudur Sandeep Reddy and eight others are the parents and relatives of the defacto complainant girl who married a boy of another caste. The girl had filed a complaint alleging that they have killed the boy since they did not like the inter caste marriage. Dismissing their plea, the court observed that there is prima facie and reasonable grounds to believe that they have committed offence. The court also noted that there are specific allegations against each of the accused and the role played by them in commission of offence is also specifically mentioned.

Justice Lakshman also refers to the observations made in Supreme court judgments in Shakti Vahini v Union of India and the guidelines laid therein regarding judicial proceedings in cases of honour-based killings. 

The court also noted that the role played by the police in the entire episode is not satisfactory. "It appears that the police have not taken any steps in accordance with law on the complaint lodged by the parents of the deceased. Thus, the police have utterly failed in preventing the incident. The said action of the police is contrary to the guidelines issued by the Apex Court in the judgments cited supra. Hope the police will take appropriate measures in preventing such incidents in future.", the court observed.

The following are some of the observations made in the order:

Honour Killing is a global phenomenon

"This is not for the first time such an incident was happened in India, more particularly, in the State of Telangana. Honour killings have been happening now and then. Unfortunately, even after 73 years of Independence, the said incidents have been happening in India. 'Honour Killing' is another social evil which Indian Society is facing. 'Honour Killings' are still holding their place in today's society in spite of modern mind set and advance thinking. It is a global phenomenon. Even the advanced Countries, like United Kingdom, United States of America are facing the said problem. The statistics given by the National Crime Bureau on the honour killing shocks the conscious of the people of India.

There is no change in the attitude of young generation. 

"Murder of a member of family due to perpetrators belief that the victim has brought shame or dishonour upon the family or has violated the principles of a community or a religion with an honour culture is called 'honour killing'. The killers justify their actions by claiming that the victim has brought dishonour upon the family name or prestige. The reasons for the honour killings appear to be that marriage out of caste, divorce, marriage by choice, homosexuality, pregnancy before marriage, inappropriate dressing etc. It also appears that the killers are committing the said honour killings to save their prestige of the family or done in order to make it an example for other or done out of rage or anger. But, there is no change in the attitude of young generation. Honour killers failed to appreciate the same."

Most of the honour killings focus on women and very few on men and, thus, lead to gender based violence.

People are also influenced by caste system and other traditional practices which they believe to follow throughout their lives. One such thing, which Indian people consider very precious is "honour". In a patriarchal society, women are considered as bearer of honour of the family. The statistics also would reveal that most of the honour killings focus on women and very few on men and, thus, lead to gender based violence. The freedom of expressing a women or men's choice is suppressed and the said suppression further leads to such killings, thereby violating the fundamental rights of the said persons. The perpetrators use religion or caste as grounds for dishonour, thereby trying to validate such killings. The said act is totally contrary to the constitution.

Case: Gudur Sandeep Reddy vs. State of Telangana [CRIMINAL PETITION Nos.5819, 5939, 5961, 6095 & 6097 OF 2020]

Coram: Justice K. Lakshman 

Counsel: Advocates Katika Ravinder Reddy, P. Vishnuvardhan Reddy 

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