When Honour Overrides Justice: The Evidence Act's Role In Honour Killings In India

Abstract

Society is changeable. Honor killings remain a pervasive social issue in India, claiming lives despite constitutional safeguards and legislative efforts. This study investigates the intersection of societal notions of honor and the judicial system, with a particular emphasis on the Indian Evidence Act of 1872. It critically analyzes how specific provisions within the Evidence Act can either facilitate or obstruct justice in cases of honor killings. The research highlights key challenges faced by prosecutors, including the absence of direct witnesses, reliance on circumstantial evidence, and the manipulation of testimonies by families and communities complicit in these crimes. This article identifies significant loopholes within the Evidence Act, such as the lenient treatment of "confessions" made to family or community members and the subjective interpretation of "dying declarations," which may inadvertently shield offenders. Additionally, it explores societal and judicial biases that contribute to leniency in these cases, often justified under the pretext of cultural or familial honor. Through an analysis of landmark judgments and real-world examples, the research underscores the urgent need for reforms in evidentiary standards and judicial perspectives. It advocates for victim-focused approaches, enhanced witness protection mechanisms, and legal reforms tailored to address the unique challenges associated with honor killings. The paper concludes with a call for a comprehensive strategy that includes legislative amendments, judicial training, and public awareness initiatives to ensure justice prevails over entrenched societal norms.