No place in society for citizens who repose faith in archaic values of family honour: Allahabad High Court

7th July,2021

No place in society for citizens who repose faith in archaic values of family honour: Allahabad High Court



The Allahabad High Court recently rejected a bail application in an honour killing case, stating that persons who act in violation of constitutional ideals and embrace archaic values of "family honour" to the point of removing an individual have no place in our society. (Gulshan v. Uttar Pradesh) The order was issued by Justice JJ Munir in an honour killing case in which the couple, who were from different castes, had married against the woman's family's desires. The Court denied a bail request made by one of the accused suspected of killing the couple, stating that if prima facie "these charges were to be confirmed at the trial, citizens would have no place in our society." "In the opinion of this Court, if these allegations are proven at trial, citizens who act in defiance of the much-loved constitutional values of individual liberty and instead place their faith in archaic social values of family honour to the point of preventing a family member from choosing a life partner for herself have no place in our society. In the view of this Court, there is no case for bail." Gulshan, who was accused with murder, attempted murder, and criminal intimidation under Sections 302 (murder), 307 (attempt to kill), and 506 (criminal intimidation) of the Indian Penal Code, filed the bail application. Advocate Ansar Ahmad, the applicant's lawyer, said that the part assigned to the applicant was attacking the injured witness Rohit Kumar, and that the job of shooting was given to the other co-accused, not the applicant. Furthermore, it was claimed that the injured witness testified that Gulshan did not shoot the deceased or injured Rohit Kumar, and that his case was distinct from the other applicants. "Prima facie, it is a brazen case of honour killing where family members, including the deceased Jyoti's father, uncle, cousin, and brother, have all participated to put an end to a young life on account of a false sense of family pride, which they have prima facie sought to redeem through this crime," the Court said after hearing the parties.