On January 28, Rajasthan Governor Haribhau Bagade returned a significant Bill. This Bill aimed to curb honour killings in the state. The Ashok Gehlot government originally passed it during its 2018-2023 tenure.
The legislation is titled the Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill. It was designed to protect the rights of consenting adults in inter-caste and inter-religious marriages.
Why Was This Bill Necessary?
Former Chief Minister Ashok Gehlot highlighted a sharp rise in illegal intimidation. Self-appointed bodies often pressured couples to stop “Sagotra” or inter-faith marriages. These groups claimed to be vindicating the honour of their family or community.
In many cases, these bodies incited violence against newly-married couples. Victims were often hounded out of their homes or even murdered. Although such violence is an offence under the Indian Penal Code, Gehlot argued for stronger preventative measures. He believed specific laws were needed to punish these assemblies severely.
Key Provisions of the Bill
The Bill introduced strict definitions to prevent harassment and violence. All offences under this proposed law were cognisable, non-bailable, and non-compoundable.
Unlawful Assembly: This occurs when a group gathers to condemn a legal marriage that supposedly “dishonoured” a community.
Endangerment of Liberty: This includes counseling or pressuring any person to prevent or disapprove of a marriage.
Digital Gathering: The Bill included gatherings through technological means or social media.
Ostracisation: It targeted those who pressured couples to leave their villages or seized their land and property.
Furthermore, the Bill directed District Magistrates (DM) and Sub-Divisional Magistrates (SDM) to take preventive action. They were responsible for prohibiting these unlawful assemblies before they could escalate.
Proposed Penalties and Punishments
The Bill proposed a hierarchy of punishments based on the severity of the act. These penalties aimed to deter both individuals and organised groups.
1. Unlawful Assembly: Members could face six months to five years in prison and a fine of up to Rs 1 lakh.
2. Hostile Environments: Creating an environment of hostility resulted in two to five years of imprisonment.
3. Criminal Intimidation: This act carried a maximum punishment of seven years.
4. Physical Hurt: “Simple hurt” carried three to five years in jail. “Grievous hurt” led to a minimum of ten years, extending to life imprisonment.
5. Causing Death: For the murder of a couple, convicts could face the death penalty or life imprisonment for their natural life. They would also face a fine of up to Rs 5 lakh.
Q&A: Understanding the Rajasthan Honour Killing Bill
Who introduced the Bill?
The Bill was introduced by the Ashok Gehlot-led Congress government between 2018 and 2023.
What is a “Sagotra” marriage?
A Sagotra marriage is a union between two people from the same clan or ancestral lineage. These marriages are often targets of self-appointed community bodies.
Can the digital promotion of honour crimes be punished?
Yes, the Bill specifically included “acting in concert” through technological means or social media.
Frequently Asked Questions (FAQ)
Why did Governor Haribhau Bagade return the Bill?
While the Bill was returned on January 28, the specific legal or technical reasons for its return were not detailed in the initial announcement.
Are the offences in the Bill bailable?
No, the Bill categorised all related offences as non-bailable and non-compoundable.
What is the maximum penalty for honour killing in this Bill?
The maximum penalty is the death penalty or imprisonment for the remainder of the person’s natural life.
Does the Bill protect the families of the couples?
Yes, it aimed to hold people accountable for the ostracisation of the couple or their families.
