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Law Commission for making honour killings non-bailable offence

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Agencies

Posted: Jan 20, 2012 at 1546 hrs IST

New Delhi Terming the practice of khap panchayats of handing down punishment to couples who go for 'sagotra' or inter-caste marriage as "flagrant violation" of the law, the Law Commission today came up with a draft legislation which seeks to make such acts a non-bailable offence.

The panel also floated a consultation paper on khap panchayats and honour killings seeking public opinion on it.

The draft Prohibition of Unlawful Assembly (interference with the freedom of matrimonial alliances) Bill, 2011 says that offences under the Act will be cognisable, non-bailable and non-compoundable.

The draft bill proposes that offences under the Act will be tried by special courts to be headed by a Sessions Judge or an Additional Session Judge.

The special courts, to be set up by states in consultation with the High Courts, will have the power of a Sessions Court.

Referring to suggestion to amend the IPC to introduce a provision to bring honour killings within the ambit of Section 300 (murder) of the Indian Penal Code, the Commission said there was no such need.

"The Commission is prima facie of the view that there is no need for introducing a provision in Section 300 IPC in order to bring the so-called honour killings within the ambit of this provision. The existing provisions in IPC are adequate enough to take care of the situations leading to overt acts of killing...," the consultation paper said. Many young couples in the northern states have fallen victim to honour killings ordered by khap panchayats or self-styled caste councils.

The consultation paper comes nearly two years after the government had proposed to make honour killing a separate crime.

A Group of Ministers (GoM) under Finance Minister Pranab Mukherjee is also looking into the issue.

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