Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Honour Crimes: Writ petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Honour Crimes:Writ petition – Seeking directions to State Governments andCentral Government to take preventive steps to combat honourcrimes; to submit State and National Plan of Action to curb suchcrimes; and seeking direction to the State Governments to constitutespecial cells and to launch prosecution in such cases – Held: Anykind of torture or torment or ill-treatment in the name of honourthat tantamounts to atrophy of choice of an individual relating tolove and marriage by any assembly, whatsoever nomenclature itassumes, is illegal and cannot be allowed – Consent of the familyor the community or the clan is not necessary, once two adultindividuals agree to enter into a wedlock – It is manifestation oftheir choice which is recognized u/Arts. 19 and 21 of the Constitution– Such constitutional right cannot succumb to the conception ofclass honour – Any infringement of such right is constitutionalviolation – Khap Panchayat or such assembly should not take thelaw into their hands and further cannot assume the character ofthe law implementing agency – Law has to be allowed to sustain bylaw enforcement agencies – Honour killings are condemned as aserious human rights violation – Therefore, it is recommended tothe legislature to bring law appositely covering the field of honourkilling – To meet the challenges of agonising affect of honour crime,there has to be preventive, remedial and punitive measures and hencethe executive and administration of the States to add further measuresto evolve a robust mechanism to the stated purpose – Constitutionof India – Arts 19 and 21.Words and Phrases:‘Khap panchayat’ – Meaning of |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2018 INSC 266 |
Petitioner | Shakti Vahini |
Respondent | Union Of India And Others |
SCR | [2018] 3 S.C.R. 770 |
Judgement Date | 2018-03-27 |
Case Number | 231 |
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