Karnataka Enacts Landmark Law Against Honour Killings, Tamil Nadu Still Debating Similar Legislation | Chennai News
K ChandruAs Tamil Nadu, which prides itself on a century-long tradition of social justice and progressive reforms, continues to debate the need for law to prevent crimes committed in the name of honour, Karnataka has enacted a legislation in March and is now regarded as a forerunner in this field.The Karnataka Freedom of Choice in Marriage and Prevention and Prohibition of Crimes in the Name of Honour and Tradition Act, 2026, otherwise referred to as the “eva nammava” law, quotes from the teachings of 16th-century philosopher Basava, who, in his vachana (verses), said, “Don’t ask who they are; they are very much ours”.Section 4 of the Act declares that consenting adults intending to marry may approach the district magistrate or a designated nodal officer for protection. Local police are required to ensure no action is taken against the couple at the behest of family members, relatives and community groups.In Tamil Nadu, successive govts over the past three decades have stonewalled such legislation. Most recently, social justice minister Vanni Arasu said he would urge the chief minister to enact a law against caste killings after the committee headed by Justice K N Basha submits its report. It is said the minister was pulled up for making the statement unilaterally and that there were reservations within the govt about enacting such a law at this stage.An NGO working to eliminate caste discrimination claimed as early as 2016 that more than 80 couples had been killed in TN over three years for marrying outside their caste. The rise in such killings prompted CPI(M) to press the issue with the Edappadi K Palaniswami govt. Then deputy chief minister O Panneerselvam defended the govt’s decision not to enact a separate law, arguing that existing criminal laws were sufficient.Supreme Court in Lata Singh vs State of Uttar Pradesh (2006) condemned violence against inter-caste and inter-faith couples. Describing the caste system as a “curse on the nation”, the court observed that inter-caste marriages serve national interest by helping break down caste barriers. It said that every adult has the fundamental right to marry a person of their choice and held that while parents may choose to sever social ties if they disapprove, they have no right to threaten, harass or commit violence against such couples. SC went beyond making broad observations and directed police and civil administration across the country to ensure that consenting adult couples entering inter-caste or inter-faith marriages are protected. It also directed that criminal proceedings be initiated against anyone who intimidates, attacks or incites violence against them.Despite this, Centre did little except give sermons to state govts. P Chidambaram, former Union Home Minister in the Congress ministry, told Parliament in 2009 that National Crime Records Bureau did not have any data on it.Chidambaram argued that caste killings were difficult to identify as a category because the motives usually were a “closely guarded private family matter”. Since there was no separate law, such cases were investigated and prosecuted under the Indian Penal Code. He relegated the issue to state govts, stating that policing and public order were state subjects, while adding that Centre had initiated legislative and ameliorative measures to check such crimes. He ended up merely patting his govt on the back for deploring crimes committed allegedly to uphold the honour of the family or women in general.The issue was referred to the Law Commission headed by Justice P V Reddi. In its 242nd report, the commission recommended a separate law to prevent ‘honour crimes’. It proposed that community groups gathering to oppose marriages or enforce social boycotts be treated as unlawful assemblies and subjected to mandatory minimum sentences. The commission also drafted the Prohibition of Interference with Matrimonial Alliances in the Name of Honour and Tradition Bill. Accepting its recommendations, the Union govt introduced a revised version in Rajya Sabha as the Prevention of Crimes in the Name of Honour and Tradition Bill, 2010.Pressure mounted after DMK assumed office in 2021, with allies such as VCK stepping up demands for a separate law. Facing criticism, the M K Stalin govt constituted the Justice K N Basha committee towards the end of its term to examine the need for a dedicated law.The legislative assembly polls came a few months later, and Tamil Nadu got a new govt led by C Joseph Vijay. Still, the early signals were encouraging. Registration minister Lokesh Tamil Selvan declared there would be “no red-tapism for love” and promised hassle-free marriage registration. He also nullified the previous govt’s circular, indirectly requiring the presence/consent of parents for marriages to be registered, saying it was illegal and directing sub-registrars to ensure a smooth process.Yet, despite the progressive rhetoric, there has been little movement on a dedicated law against caste crimes. The Justice K N Basha Committee’s tenure is due to end mid-Aug, and it remains unclear whether it will be extended. More fundamentally, asking whether such a law is needed is unnecessary. The need of the hour is a positive legislative act that addresses the issue, beyond punishing the crime with an iron hand.Rather than prolonging the debate over whether such a law is needed, the Joseph Vijay govt would do well to adopt the best features of Karnataka’s eva nammava act and enact similar legislation in Tamil Nadu. Given TN’s long tradition of social justice, there could be no more fitting name than one inspired by the Thirukkural: ‘Pirappokkum Ella Uyirkkum’ (all are born equal), a phrase prominently displayed at the TVK headquarters. It is a law long overdue.(The writer is a retired judge at Madras high court)
