Shakti Vahini v. Union of India and Others
- ByPravleen Kaur --
- 08 May 2025 --
- 0 Comments
Introduction
The Supreme Court of India delivered a landmark judgment in the case of Shakti Vahini v. Union of India and Others, addressing the issue of honour killings and providing guidelines to curb this social menace. The judgment emphasizes the importance of individual liberty, freedom of choice, and the protection of fundamental rights enshrined in the Constitution.
Honour Killings: A Violation of Constitutional Rights
The Court condemned honour killings as a grave violation of human rights and a manifestation of perverse thinking, egotism, and inhuman brutality. It stated that any kind of torture, torment, or illtreatment in the name of honour that curtails an individual's choice regarding love and marriage is illegal and cannot be allowed to exist. [Para 40]
The Court emphasized that the consent of family, community, or clan is not necessary once two consenting adults agree to marry. Such a choice is a manifestation of their fundamental rights under Articles 19 and 21 of the Constitution, and it cannot succumb to the notion of class honour or group thinking. [Para 41, 42]
Role of Khap Panchayats and Assemblies
The Court criticized the role of Khap Panchayats or similar assemblies that take the law into their own hands and assume the character of lawimplementing agencies. It stated that such assemblies cannot interfere with an individual's fundamental rights or impose punishments, as they have no legal authority to do so. [Para 47]
Recommendations for Legislative Action
The Court recommended that the legislature enact a law specifically covering the field of honour killings to protect human rights and uphold the constitutional values of freedom and justice. [Para 52]
Preventive, Remedial, and Punitive Measures
To combat the menace of honour crimes, the Court issued comprehensive guidelines for preventive, remedial, and punitive measures to be taken by the executive and law enforcement agencies of the concerned states.
Preventive Steps
The Court directed the state governments to identify areas where instances of honour killings or Khap Panchayat assemblies have been reported in the recent past. It also provided guidelines for police officers to interact with Khap Panchayats, prevent their gatherings, and take necessary legal action if required. [Para 53, I]
Remedial Measures
The Court outlined remedial measures, including registering FIRs against those threatening couples, providing security and safe houses for couples, and ensuring effective investigation and prosecution of the offenders. It also directed the establishment of Special Cells in every district to receive complaints and provide assistance to couples facing harassment. [Para 53, II]
Punitive Measures
The Court directed disciplinary action against officials who fail to comply with the guidelines or prevent incidents of honour killings. It also mandated the creation of designated courts or fasttrack courts to try cases of honour killings on a dayto-day basis and conclude the trials within six months. [Para 53, III]
Conclusion
The Supreme Court's judgment in Shakti Vahini v. Union of India and Others is a significant step towards protecting individual liberty, upholding constitutional rights, and eradicating the social evil of honour killings. The Court's comprehensive guidelines and recommendations aim to create a robust mechanism to prevent, remedy, and punish honour crimes, ensuring the safety and well-being of couples who exercise their fundamental right to choose their life partners.
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