State, Society and the Scales of Justice: The Judiciary’s Role in Combating Honour Killings

Honour killings, often rooted in patriarchal customs and societal expectations, remain a grave violation of human rights in many parts of the world. Despite being legally classified as homicide, such crimes are frequently normalized within communities under the guise of preserving family or communal "honour." This research paper critically examines the judiciary's role in addressing and combating honour killings, focusing on how courts interpret, enforce, and sometimes challenge prevailing socio-cultural norms. By analyzing landmark judgments, statutory provisions, and judicial trends, the study explores whether the judiciary acts merely as an interpreter of law or as a transformative institution capable of confronting deeply embedded social practices. It further investigates the tension between cultural relativism and constitutional values such as equality, life, and dignity. The paper argues for a more proactive, rights-based judicial approach to honour killings, highlighting the need for consistency, sensitivity, and systemic reform in legal responses. Ultimately, it calls for a collaborative framework involving the state, judiciary, and civil society to ensure that justice is not only delivered but also seen to challenge the structural roots of honour-based violence.

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Publication Details

Journal
American Journal of Psychiatric Rehabilitation
Published
2025-03-11
DOI
https://doi.org/10.69980/ajpr.v28i3.426
Primary Topic
Legal principles and applications
Type
article
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article

State, Society and the Scales of Justice: The Judiciary’s Role in Combating Honour Killings

Ms Lochan Gupta, Dr Madhu Bala
1 links
American Journal of Psychiatric Rehabilitation
Legal principles and applications
article

State, Society and the Scales of Justice: The Judiciary’s Role in Combating Honour Killings

Ms Lochan Gupta, Dr Madhu Bala
article en

Abstract

Honour killings, often rooted in patriarchal customs and societal expectations, remain a grave violation of human rights in many parts of the world. Despite being legally classified as homicide, such crimes are frequently normalized within communities under the guise of preserving family or communal "honour." This research paper critically examines the judiciary's role in addressing and combating honour killings, focusing on how courts interpret, enforce, and sometimes challenge prevailing socio-cultural norms. By analyzing landmark judgments, statutory provisions, and judicial trends, the study explores whether the judiciary acts merely as an interpreter of law or as a transformative institution capable of confronting deeply embedded social practices. It further investigates the tension between cultural relativism and constitutional values such as equality, life, and dignity. The paper argues for a more proactive, rights-based judicial approach to honour killings, highlighting the need for consistency, sensitivity, and systemic reform in legal responses. Ultimately, it calls for a collaborative framework involving the state, judiciary, and civil society to ensure that justice is not only delivered but also seen to challenge the structural roots of honour-based violence.

American Journal of Psychiatric Rehabilitation
Gender equality
Openalex Percentile: Top 80%
Legal principles and applications
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State, Society and the Scales of Justice: The Judiciary’s Role in Combating Honour Killings — Ms Lochan Gupta, Dr Madhu Bala · American Journal of Psychiatric Rehabilitation (2025) | TGRS Research Map | TGRS