Khap Laws, Cultural Violence and the Challenges to Individual Liberty

Abstract

For the past many years honour killings have grabbed national headlines. The raging debates on what is fist degree have exposed the uncivil nature of the Indian ‘civil’ society. The statement made by the paternal uncle of Shubha (a victim of honour killing in Ashok Vihar, Delhi), Mr. Dharmaveer Nagar “apneaap me khoongalathosaktahai, par samajkeliyeyeh murder zarooritha…. is kaam se in larkon ne saahi me ek achcha udaharan pesh kiya hain (you may consider killing of an individual is wrong, but for society, it was necessary. These youngsters have set a good example)”1 (TOI, 2010) epitomizes the clash between the constitutionally ordained rule of law, citizenship and civil liberties and the chains of tradition and customary law. What is more appalling is that the political class has bent before the violators of the constitution in order to retain their traditional vote banks. This paper attempts to reflect on cultural violence and its implications for gender justice and individual rights in India.