Caste system and Honour Killing in India

Caste system is one of the most ancient systems of India. It was developed more than 4,000

years ago. Probably the Aryan priests had created it to divide society. The original name for this system was ‘jati,’ meaning groups related to birth. When Portuguese explorers came to India, they misinterpreted the word as caste, meaning a system of classes. This system was only practiced by Hindus, but since most of Indians  were Hindus, it got into the law.

In dividing society, the priests made themselves in the highest caste and menial workers or polluted labourers the lowest caste. The caste system has probably lasted so long because of the way the castes are assigned to people. The person's caste is the caste of his/her mother and father. They are in the same caste because they can only marry within your caste. The castes were basically made for the different occupations. There were  names given to the basic castes in the caste system.

After independence, more than 65 years have passed with the Indian politics revolving round the caste system. The strength of caste system varies from state to state. It is the strongest in the Hindi belt and the southern states, while it is weakest in the north-east across the Brahmaputra.

 

According to Prof. Rapson the caste system grew because of the distinction between fair-skinned Aryans and the dark-skinned aboriginals. He based his theory on ‘Varna’ which meant colour and caste in Sanskrit. On this basis, he said, the fair people were further sub-divided into 3 classes – (a) Brahmins, (b) Kshatriyas and (c) Vaishyas while the dark-skinned people become Shudras, as in Rigvedic period the main division were Aryans and Non-Aryans. Rejecting this theory, Dr. Vincent Smith said that ‘Varna’ means class or order and therefore the four Varnas represent the four classes of people and not their castes. These four classes are common in any human society as professional specialization is a common feature of society everywhere in the world.

 

Caste system is no longer a mere Hindu practice. Indian Christians and Muslims also practice the system though in much less rigid from than the Hindus. What made the caste system rigid was the religious sanctity given to it in the later scriptures. It was said that Brahmins were born out of the mouth of Brahma, the Kshatriyas from his arms, the Vaishyas from his stomach and the Sudras from his feet.

 

Four distinct types of lifestyle and profession had been attributed to these four casts of the society :-

 

The Brahmana was to study and teach, sacrifice, give, maintain celibacy and have profound knowledge of sastras and conduct the Pujas and homas;Though the Apex judiciary of India has observed that Anybody having the knowledge of Sastra and rituals can be a priest and perform the rituals.[1]

 

The Kshatriya was to protect the people, take part in wars and maintain heroics;

 

The Vaishya to breed cattle, pursue trade and lend money; and finally

 

The Sudra was to serve the other three classes.

 

(i)                 Endogamy and Heredity -  A person born in a caste remains in it for life, dies in it  and his children also remains in it. This provides caste system with  a rigid structure. A caste has divisions, based on endogamy within a sub-group and is called sub-casts.

 

(ii)              Social and Religious Hierarchy – In the system of social stratification different ‘casts’ assigned superiority or inferiority  over others. Brahmins are considered to be at the top of this subordination order. Then comes Kshatriyas, then Vaishyas and finally the lowest position is for the sudras.

 

(iii)            Hereditary Occupations -  Every caste claims monopoly over some occupation and tries to restrict entry of the others  in their field. Though with the mordernisation of society and with the technological upgradation, specially after the coming of reservation system based on Constitutional sanctions, this has liberalized a lot.  Many community were named after their occupation, e.g., Teli(Oilman), Chamars(cobblers), Johars(Blacksmith), Taanti(Weavers) etc.

 

(iv)            Taboos – Another element of caste system  are the complex taboos by which the superior casts try to preserve their ceremonial purity and all in general try to avoid the occurance of evils.

 

(v)               Untouchables – Beyond the above four classes, exist the ‘untouchables’ or the ‘Chandals’.  By the times of Gupta Empire, Chandals already became outsiders to the civilized society and were forced to strike a wooden clapper on entering the town.

 

 Since independence, untouchability has been abolished by the Indian Constitution but still now classification of casts, Scheduled Casts and tribes and sub-casts(OBCs) exist in our society chiefly due to the vote bank politics of our legislatures.

 

Honour Killing :-  One of the sordid outcome of our caste system in society is the phenomenon  and incidences of ‘honour killing’. It is the killing of a member of a family or social group by other members, due to the belief of the perpetrators (and potentially the wider community) that the victim has brought dishonour upon the family or community primarily for some caste and/or religion based issues.

 

The perceived dishonor is normally the result of one of the following behaviors, or the suspicion of such behaviors:

  1. dressing in a manner unacceptable to the family or community,
  2. wanting to terminate or prevent an arranged marriage or desiring to marry by own choice,
  3. engaging in heterosexual  acts outside marriage, or even due to a non-sexual relationship perceived as inappropriate, and
  4. engaging in homosexual acts. Women and girls are killed at a much higher rate than men.
  5. Inter caste or inter-religion relationships or marriages  against the will of the family or community.

This tradition was first viewed in its most horrible form during the Partition of the country in between the years 1947 and 1950 when many women were forcefully killed so that family honour could be preserved.

Now, there are various reasons why people or family members decide to kill the daughter in the name of preserving their family honour. The most obvious reason for this practice to continue in India, albeit, at a much faster and almost daily basis, is because of the fact that the caste system continues to be at its rigid best and also because people from the rural areas refuse to change their attitude to marriage. According to them, if any daughter dares to disobey her parents on the issue of marriage and decides to marry a man of her wishes but from another gotra or outside her caste, it would bring disrepute to the family honour and hence they decide to give the ultimate sentence, that is death, to the daughter. Now as has become the norm, the son-in-law is killed as well. Sociologists believe that the reason why honour killings continue to take place is because of the continued rigidity of the caste system. Hence the fear of losing their caste status through which they gain many benefits makes them commit this heinous crime. The other reason why honour killings are taking place is because the mentality of people has not changed and they just cannot accept that marriages can take place in the same gotra or outside one's caste.

A study by ‘Indian Democratic Women’s Association’ shows the number of honour killing that took place till date throughout the country is as high as 1200, amongst which Punjab, Haryana and Uttar Pradesh together have the count above 900. Ascending to survey done by the Delhi based Indian population statistics survey (IPSS) in mid 2007, In India almost 655 homicidal cases have been registered as honour killings, while in Punjab and Delhi is 32% and in Muzaffarnagar, the worst affected district of UP, 25% honour killings have registered so far. Around 700 females are killed every year in honour killings incidents. Union home minister P. Chidambaram on July 28, 2009 said that caste panchayats which aid and abet such killings, are equally guilty and should be treated as murder accomplices.
In Lata Singh v. State of UP AIR 2007 SC, the apex court held that "we sometimes hear of honour killings of such persons who undergo intercaste or inter religious marriage of their own free will. There is nothing honourable in such killings, in fact they are nothing but barbaric and shameful out of murder committed by brutal, feudal minded persons who deserve harsh punishment. Only this way we can stamp out such acts of barbarism. The bench of justice Ashok Bhan and Markandey Katju said that" In our opinion, such acts of violence of threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country and once a person becomes a major, he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve such inter caste or inter religious marriage, the maximum they can do is that they can cut off social relations with the son or daughter, but they cannot harass the person who undergoes such inter caste or inter religious marriage.

Another very important link related to honour killing in India is the ‘Khap Panchyat’. Khap is a cluster of villages united by caste and geography.It is as old as 14th century started by upper caste jats to consolidate their power and position.The main rule is that all boys and girls within a khap are considered siblings.

Khap panchayat governs the khap formed by same gotra ( clan) families from several neighbouring villages. Khap panchayats are prevalent in Haryana,western Uttar Pradesh and Parts of Rajasthan.Love marriages are considered taboo in areas governed by Khap panchayats. Those living in a Khap are not allowed to marry in the same gotra or even in any gotra from the same village. Many young couples have been killed in the past defying khap rules.

Khap panchyat imposes its writ through social boycotts and fines and in most cases end up either killing or forcing the victims to commit suicide.All this is done in the name of brotherhood and its honour. It is due to the inherent weakness of democratically elected Panchayati Raj institutions, Khap panchayats have been powerful. Even the government has not done much to control their power.

The 10-15 men who constitute a Khap settle disputes and control the lives of young people. Many village people also defend these caste panchayats as they deliver the verdict in one sitting whereas court cases drag for years.According to them ,in many cases innocent people get harassed in the court and by police.Here as everyone is known so they cross check everything to ensure neutrality.[2]

Some facts of khap panchayat :

1. A Khap Panchayat is usually a collective of at least 12 or more village panchayats.
2. The Five Biggest khaps in Haryana are Palam, Sonipat, Hisar, Jharsa, and Jhajjar each of them has 360 villages under it.
3. Large Khap Bodies such as the Palam one, are made of smaller khaps such as the Meham khap which has 24 villages and the Dalal khap which has 84 villages under it.
4. The Khaps are active in Haryana, Rajasthan, Uttar Pradesh and Punjab states with a sizeable Jat population.

5. There is One sarv khap in the country which includes all the khap panchayats.

6. The Pradhan of each khap is elected in an informal meeting held by the elders of a particular khap. There is no formal election.

7. Jats Believe That khaps were constituted during the regin of King Hrshvardhan in the seventh century to assist him with managing his empire.

8. The Khaps are different from village panchayats, which are legally elected under the Panchayati Raj system. Technically, each village has two panchayats- the legal panchayat and the other, an informal pancahyat, whose members go on to represent the village in a khap panchayat.

In some Haryana villages, the young girls are routinely threatened, abused and killed all under Khap verdicts. It is acceptable for the families to feed pesticide pills to the teenage girls and then dispose off their bodies by burning them without any police records. The entire onus of siblinghood rests on the girl. She is the keeper of village honor. Sometimes rules are bend for the boys but a girl is never allowed to bend the rules. If a couple run away then the families risk the boycott and hefty fines in lakhs of  Rupees. Even the other women of the house can suffer abuse.

In keeping with the khap rules ,older villages try to keep the young people apart. Some schools are also forced to have separate timings for the boys and girls. Fearing their daughters would go astray, many parents marry them off at an early age. People have unquestionable faith in the justice of khap. The question of rights for women does not exist any where in the territories ruled by Khap panchayats.

In  Bhagwan Dass Vs. State (NCT of Delhi) [3] , The Supreme Court of India came down heavily on the system of honour killing and the perpatrotors in general. The Court said - "In our opinion honour killings, for whatever reason, come within the category of rarest of rare cases deserving death punishment. It is time to stamp out these barbaric, feudal practices which are a slur on our nation

"This is necessary as a deterrent for such outrageous, uncivilised behaviour. All persons who are planning to perpetrate 'honour' killings should know that the gallows await them," the court added.

Conclusion and Suggestions : Since our hard earned independence from British Raj  we have traversed a lot and it is high time that we should come out of this reprehensible systems and taboos of our society. Be it caste system simplicitor and/or honour killings. If we can not do away with the root cause of them then the fall out are obvious. In my opinion, the narrow minded vote bank politics is the highest stumbling block to eradicate this evil from society. All reservations in educational institutions and jobs be based on economic criteria only and not on caste basis. Caste based constituency reservation should immediately be done away with and perpetrators be brought to justice and punished without showing any mercy. Public awareness programmes and large scale free education as per constitutional mandate (Right to education) should be implemented on war time basis.

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