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Bring law to enable presumption of guilt of person involved in Honour Killing: Punjab & Haryana HC to Govt. [Read Judgment]

Ashok KM
27 May 2016 4:59 AM GMT
Bring law to enable presumption of guilt of person involved in Honour Killing: Punjab & Haryana HC to Govt. [Read Judgment]
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The Punjab and Haryana High Court has exhorted the Haryana Government to bring in a legislation to tackle Honour killing crimes. Justice K. Kannan, referring to the Maharashtra legislation in this regard viz. Maharashtra Prohibition of People from Social Boycott (Prevention, Prohibition and Redressal) Act, 2016 and the Madras High Court judgment, said that law as an instrument of social engineering should be used to trigger social reform and stem the rot of social evils.

The Court also asked the state to include following suggestions in the legislation

  • The law that will invert the presumption of innocence and presuming guilt of persons involved in causing death of any one of newly married couples takes place other than under natural causes within a period of one year when there is evidence that they did not belong to the same caste or when they belong to the same gotra as an instance of honour killing and cause of presumption in the same manner as it is found relating to dowry death under Section 113-B of the Indian Evidence Act.

  • Consider the provisions of Maharashtra enactment for suitable incorporation to the extent relevant.

  • Provide for financial compensation for either of the survivors among the newly married couple and/or to the grieving parents if they are not themselves the aggressors, and take into consideration methods of securing protection without having to approach the Court.

  • The suggestions of the Madras High Court incorporated in the judgment and which are reproduced in paragraph 10 shall be examined for due incorporation as mandatory directions to be followed.

 The Court also added “Any public spirited person may approach this Court if the State is found lacking in the initiative to put an end to the festering problems of honour killings and elicit from the State appropriate response for the suggestions given in this case through this order and earlier on.”

Read the Judgment here.

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